On Mon, Jan 04, 1999 at 04:06:43PM -0700, Carl Oppedahl wrote: > At 12:30 PM 1/4/99 -0800, Kent Crispin wrote: > > >Another terrible lack is some attempt to deal with the unreported > >cases. Carl Oppedahl has made some wild estimates -- you cite him, > >but the fact that you don't reference his estimates (which, as I > >recall, indicate that the number of unreported cases was fairly > >large, and thus not supporting your conclusions) makes one wonder > >why... > > Nope, I have not made even one wild estimate. My comments are based on > personal knowledge of many, many trademark domain name disputes. > > The real problem here is that while regular courts conduct their activities > on an open record, NSI does not. NSI conceals its actions in thousands of > domain name disputes and fights fiercely whenever anyone tries to see what > decisions they have made in such disputes. Your statement above indicating "thousands" is just such a wild estimate as I had in mind, actually -- you have made statements like that several times over the past couple of years. In particular I recall a more direct discussion on the newdom list, where you talked directly from your experience of "many, many trademark domain name disputes", and from that deduced that there *must* be thousands. Now, obviously, my memory could be faulty. But you must have *some* basis for the word "thousands" above, don't you? Or are you just making it up? > Your recollection is apparently in error. I don't believe anything I have > posted has drawn into question Prof. Mueller's conclusions. I never said so. I was referring only to your estimates of the numbers of unreported domain name cases. Mr Mueller's conclusions may or may not reflect reality. That is not the point. The point is that he can't rigorously draw those conclusions from the data he presents. For example: Conclusions and Analysis Real trademark infringement using domain names is a rare and not very significant problem: 0.0128%, or a total of no more than 257 cases in the generic TLDs administered by NSI. Quoting these numbers in the conclusion is completely unjustified by the data. (The ludicrous level of precision is a dead givaway, incidentally.) -- Kent Crispin, PAB Chair "Do good, and you'll be [EMAIL PROTECTED] lonesome." -- Mark Twain __________________________________________________ To receive the digest version instead, send a blank email to [EMAIL PROTECTED] To SUBSCRIBE forward this message to: [EMAIL PROTECTED] To UNSUBSCRIBE, forward this message to: [EMAIL PROTECTED] Problems/suggestions regarding this list? Email [EMAIL PROTECTED] ___END____________________________________________
