Re: [ICANN-EU] Re: WIPO

[Marc Schneiders <marc@venster.nl>]

On Mon, 18 Sep 2000, Alf Hansen wrote:
> Marc Schneiders wrote:
> > 
> > On Mon, 18 Sep 2000, Alf Hansen wrote:
> > 
> > [...]
> > > Since this is very simple, why do we spend all this time discussing TMs
> > > and DNs on the ICANN-europe-list?
> > >
> > > Why are people so angry with WIPO and the URDP? UDRP is an offer and
> > > both parties have to agree to use it. The law is allways a fallback.
> > 
> > Agree to use it? I find this legalese. One agrees to accept it by
> > registering a generic TLD? 
> 
> I was talking about disputes on 2nd level, under the TLD.

Yes, so was I, well trying. Sorry, did not put it correctly: a SLD under a
gTLD (a "*.com/net/org") was what I meant.

> > Is that what you mean? Of course no one has to
> > register a generic TLD with an ICANN accredited registrar and the NetSol
> > registry. One can indeed always use a domain that is not under the UDRP.
> 
> I do not understand what you mean with "a domain that is not under
> UDRP". My understanding is that there are no domains that are "under
> UDRP". A 2nd level domain dispute has two parties, and they may agree to
> use the UDRP infrastructure to solve the dispute instead of using the
> courts.

All com/net/org domains are under the UDRP. If you register a com/net/org
domain you agree to submit to the UDRP. Without agreeing to the UDRP you
cannot register. This is common knowledge, I thought. Apparently you do
not have a com/net/org name or did not read the small print :-)

So, yes, you are right again: When I register a com domain I agree to
the UDRP. However, this is just as voluntary as agreeing to be
electrocuted in a texas jail. One does not have to live in Texas. One does
not have to register a com domain.

[...]
> For 2nd level disputes under gTLDs I think the UDRP is useful as an
> effective tool to solve disputes easier and less expensive than using
> law suits.

In theory: yes. How it works now: no. I have discussed my view and my
reasons before ad nauseam here. If you are interested, have a look in the
archive, please. Or follow some links from http://bodacious-tatas.org.

[...]
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 Marc Schneiders (more in the header)
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