Re: [ga] UDRP and WIPO panelist bias in plain sight

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

George and all,

  Thanks for the update/clarification.  If as you state/say
that this was or appears to be a significant or clear misuse
of the UDRP policy as well as ICANN' reaction to it, than it seems
even more clear that WIPO is the more responsible body.  Howerver
as WIPO is accountable only to the UN itself, the matter would need
to be protested through those given proceedures accordingly.  My guess
is that will not happen, and so the egrieved/wronged party is basically
without a viable recourse, in other words, SOL.  So ICANN can hide behind
WIPO's skirts yet again...  >:(


-----Original Message-----
>From: George Kirikos <gkirikos@xxxxxxxxx>
>Sent: Nov 10, 2010 11:37 AM
>To: GNSO GA Mailing List <ga@xxxxxxxxxxxxxx>
>Subject: Re: [ga] UDRP and WIPO panelist bias in plain sight
>
>
>Actually, I was being overly generous in suggesting "the panelist came to the 
>correct decision". While the complaint was properly rejected, it's a 
>miscarriage 
>
>of justice that Reverse Domain Name Hijacking was not found in this case. 
>
>You had:
>
>(1) the domain registered *years* before the complainant even existed
>
>(2) "XIHA" is a common Chinese word owned by a Chinese registrant, and even 
>complainant makes clear on their own website that:
>
>http://www.xihalife.com/corp/
>
>"XIHA means 'fun' or 'happy' in Mandarin, and also 'Hip-Hop' in Cantonese."
>
>(3) Complainants pretended not to know Chinese (the language of the 
>registration 
>
>agreement, which *should* have been the language of the case) even though (a) 
>one of their co-founders is Chinese and (b) their own website trumpets the 
>fact 
>they are MULTILINGUAL! "XIHA is the world's first truly multilingual social 
>network."
>
>(4) Complainant tried to buy the domain, couldn't agree on price, and then 
>filed 
>the UDRP as an alternative to a proper business negotiation. That's a clear 
>misuse of the policy.
>
>(5) Complainant has no *registered* trademarks!
>
>There are a few good panelists at WIPO and at NAF. But, the rotten apples 
>spoil 
>the barrel.
>
>Sincerely,
>
>George Kirikos
>http://www.leap.com/
>
>----- Original Message ----
>From: George Kirikos <gkirikos@xxxxxxxxx>
>To: GNSO GA Mailing List <ga@xxxxxxxxxxxxxx>
>Sent: Wed, November 10, 2010 11:38:30 AM
>Subject: [ga] UDRP and WIPO panelist bias in plain sight
>
>
>Hi folks,
>
>It's alarming to read decisions like:
>
>http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1204
>
>which contain the following sentence:
>
>"Based on the evidence available, the Panel regrets that it is unable to 
>conclude that the third limb of paragraph 4(a) has been established."
>
>The panelist came to the correct decision, denying the Complaint, however why 
>should a supposedly "independent" panel have any feelings whatsoever of 
>"regret"????!!!!???? Does ICANN ever even read these decisions, to see why 
>registrants are so aghast at the inherent bias demonstrated time and time 
>again 
>by UDRP panelists?
>
>ICANN has refused repeatedly to bring the UDRP providers under contract, to 
>ensure accountability. It's decisions like these that demonstrate that ICANN 
>continues to support bad panelists and bad providers by their lack of action.
>
>Sincerely,
>
>George Kirikos
>http://www.leap.com/
>

Regards,
Jeffrey A. Williams
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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