Re: [ga] An open letter to Fadi Chehade: UDRP, URS, Lack of Contracts and Forum Shopping
- To: GNSO GA Mailing List <ga@xxxxxxxxxxxxxx>, "fadi.chehade@xxxxxxxxx" <fadi.chehade@xxxxxxxxx>
- Subject: Re: [ga] An open letter to Fadi Chehade: UDRP, URS, Lack of Contracts and Forum Shopping
- From: George Kirikos <gkirikos@xxxxxxxxx>
- Date: Sat, 20 Jul 2013 08:08:11 -0700 (PDT)
To followup, note others are picking up on this issue, and the lack of
satisfaction with ICANN's note. See the blog article and comments at:
As I noted there, one can use the fair division of an apple pie as a simple
Suppose Fadi and I both like apple pie, and we want to split it fairly. We have
a knife. What would be the “fair way” to divide the pie, to ensure each gets an
even piece. One option is for Fadi to cut it, and Fadi to pick the piece.
Obviously he would make one piece very large, the other small, and then he’d
pick the larger piece. After you explore a few other options, you’d likely
stumble upon the (somewhat obvious) optimal solution for fairness — namely, one
person divides the pie, and the other person picks the piece. Clearly, the
person dividing the pie would make both pieces the same size, if the other
person gets to pick the piece.
In the ICANN world, though, ICANN “sets the framework for providers” (i.e.
compliance with the UDRP standard and rules), so it’s the one wielding the
knife (supposedly dividing things to ensure fairness). But, then the ones
subject to the policy (i.e. domain registrants) aren’t given the opportunity to
pick amongst the providers (who are all supposed to have met the standard),
which is akin to picking the piece of pie they want. If ICANN was acting
properly, all the providers would meet the standards, so they’d pretty much be
the same, just like the pieces of the apple pie above. Instead, some third
party complainant (who benefits if the piece of the pie is bigger for
themselves) picks the piece they want. Thus we see the huge issue of forum
shopping, where complainants, through ICANN ignoring obvious problems at
providers, continue to see things shifted in their favour, while registrants
get the short end of the stick (or smaller piece of the
pie, an injustice).
To go back to the apple pie analogy, it’s even worse, as ICANN takes the knife
and instead of cutting the pie evenly, they simply take the knife and stab
registrants repeatedly, leaving 100% of the pie for themselves.