Re: [ICANN-EU] The real challenge for all of us as candidates

["Griffini Giorgio" <grigio@mediapoint.it>]

Dear Marc, 

I share the same concern of you. Very recent posts I made on ITA-PE 
(Italian Naming Authority) were dealt on how assure that Mandatory 
Administrative Proceedings will be held in appropriate manners and who is 
better in having the role to exercise such screening. 
With UDRP we are playing in a new battle-field so we'll learn by experience.
I think you may agree, howewer,  that using such kind of approach we are 
progressively reducing the problem we have to handle . Doing this way we 
will be able to increase abuse perceiveness in the public opinion. For those 
lobbies that likes to abuse of tools like the UDRP this will be the better 
weapon because they are weak exactly where clear perception of abuse may 
make their effort vanish. 
They are weak because they would like to run a business this way.
And I never heard of a successful business done on behalf of clearly 
perceptible abuse.  As usual,  it is always easier to say than do...
but - maybe I'm a dreamer - I like to think this will work...

Best regards
Giorgio Griffini 


> Dear Giorgio,
> 
> I don't think the UDRP is bad in itself. Nor that its mandatory character
> is bad. It would be useless without it. The way in which the UDRP is put
> into practice is where the problems arise, in my view of matters. 
> 
> Like so many good and necessary instruments UDRP has been turned into an
> easy way to rob legitimate owners of their property and/or platform.  The
> IP/TM lobby has succeeded in getting this done by WIPO, which they 'own'.
> Of course it is the IP/TM lobby's privilige to look after their interests
> and choose the bodies that will be most helpfull to do just that. It is my
> right to say the UDRP needs to change in the way it is applied.
> 
> Only cases that fall clearly under the definitions of the UDRP should
> succeed. An end should be put immediately to those arbitrators who invent
> their own rules. Just one example: There is no such thing as a "more
> legitimate right" to a domain, upon which the ruling in the Barcelona.COM
> case is based. It is not in the UDRP and it is impossible to base an
> objective decision upon whatever way you look at it.
> 
> Stop this and I'll defend UDRP vigorously. As long as cases like
> Barcelona.COM are every week in the news, "UDRP" will be to me like a
> curse. There is a small comfort for those who, like myself, like to
> believe that systematic use of injust means will in the end turn against
> those who gained by them at first. But then, the IP/TM lobby has never
> been known to look very far into the future.
> 
> Marc
> 
> --
> Marc Schneiders ------- Venster - http://www.venster.nl 
>  marc@venster.nl - marc@bijt.net - marc@schneiders.org
>