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Re: [ga] "Intervenor" fees. Has ICANN/WIPO followed Calif's. Insurance industry?

  • To: "ga@xxxxxxxxxxxxxx" <ga@xxxxxxxxxxxxxx>
  • Subject: Re: [ga] "Intervenor" fees. Has ICANN/WIPO followed Calif's. Insurance industry?
  • From: Jeffrey Williams <jwkckid2@xxxxxxxxx>
  • Date: Tue, 8 May 2012 06:08:53 -0700

Matt and all,

On Mon, May 7, 2012 at 11:24 PM, Matthew Pemble <matthew@xxxxxxxxxx> wrote:

> On 8 May 2012 06:27, Jeffrey Williams <jwkckid2@xxxxxxxxx> wrote:
>
>>
>> Seems that the UDRP was modeled after this now changing Calif. Insurance
>> practice.
>>
>
> This is one of your usual, un-evidenced, controversial assertions. It's
> the internet. Give us a link or two?
>

  No assertion made at all, it was a question posed.  The referenced link
below is A LINK.  Part, a very tiny part
of the internet, yes.

>
>
>>  How does this aid consumers/users?
>> What intrinsic benefits do users gain other than a great potential for
>> misinformation?  The emperor has no clothes.
>>
>
> A system where: "These consumer representatives (intervenors) are entitled
> to compensation for their reasonable advocacy fees and expenses they incur
> in proceedings conducted by the Department. " is similar to UDRP?
>

  Yes the correlations are obvious, many and varied.  I guess you missed
them? Thankfully many others haven't missed
same.

>
> I fail to see anything in the current UDRP Rules that allows for similar
> funded "consumer advocate" representation. In fact, I can't see anything in
> the UDRP rules (5, 10b, 12) that explicitly allows any third party
> involvement at all (the Complainant, by this time, definitely not being a
> 'third party'.)
>

'consumer advocate' is a euthenism  or course.  Surely one of your
obvious intelligence recognizes that?  There are now many such
groups that purport to provide UDRP advocacy services for perspective
clients.  Do you need links?  If so, I have a hundred or two.
If not, than the spin in your remarks/response become all too obvious.
 Still I can appreciate your concern(s).

  For the present outside of a court(s) of law or informal resolution, the
UDRP is all we have for limited sorts of dispute
resolution in the "internet" context. Consumer resolution that is outside
of national boundaries leaves much to be desired.
Within certain nations boundaries there are ever increasing all be it
slowly growing, consumer protections.  My nations FTC
provides for some for instance.  They have improved in the past few years
yet still lag need/demand.  The UDRP significantly
lacks any reasonable form or concept of basic consumer protections
regardless of the "class" of consumer.  Consumer
fraud directly related to the "Internet" in my country has grown
exponentially and estimated services over the "Internet' have
slowed fairly significantly.  This does not serve well any growing economy
from a service sector point of view or overall.

Respectful regards,

Jeffrey A. Williams
"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]
===============================================================
Updated 4/18/12
CISO
Phone: 214-245-2647

>
>
> M.
>
> --
> Matthew Pemble
> Technical Director, Idrach Ltd
>
> Mobile: +44 (0) 7595 652175
> Office: + 44 (0) 1324 820690
>


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