on-going issue - the trade-off between the tribunal's expertise in the law
or expertise in the subject matter. that's the argument for specialized
administrative law judges or ADR officers who know both.
At 12:28 PM 2/16/99 -0800, you wrote:
>Richard --
>
>No disrespect intended, but my experience is more comparable to Dean Robb's
>and although I am an attorney and someone who's produced online, my recent
>experience with the judiciary colors my opinion about leaving things to the
>judiciary and the legislators. I think you overestimate the abilities of
>the judicial system to apply the law to a rapidly developing technology they
>don't understand.
>
>A judge in a recent case admitted that s/he had a "first grade" education,
>and "wasn't interested in spending the time learning" about it (the online
>technology in general, and a specific issue in particular). Her
>recommendation was to take the case to trial, get a ruling and appeal,
>which, if you know about litigation, is the only place that precedents, and
>therefore new applications of the laws, take place. This happens to be a
>very expensive and time consuming process, one "Joe Users" can't afford.
>
>I'd like to level the playing field by devising some procedures which will
>provide for taking dispute resolutions out of the courts and into a
>reasonably efficient and cost-effective process, where the participants can
>present their sides and a knowledgeable "judge" can make a decision about
>the dispute. Without having to go to court.
>
>As to your point about the "next round of legislation", many of the
>legislators experience, education and knowledge levels is comparable to that
>in the judiciary. Prospective legislation, as far as federal copyright,
>trademark, FCC and Telecommunications regulations, is, has been and will
>continue to be, very much determined and influenced by the lobbyists, who
>are hired by BIG companies and BIG interest groups.
>
>I'm interested in devising procedures that will continue to allow indepedent
>creative people the ability to protect their intellectual property. I think
>this is the time and the place to try to do that.
>
>Beth Kennedy
>
>> -----Original Message-----
>> From: Owner-Domain-Policy [mailto:[EMAIL PROTECTED]]On
>> Behalf Of Richard M. Assmus
>> Sent: Tuesday, February 16, 1999 6:13 AM
>> To: [EMAIL PROTECTED]
>> Subject: Re[2]: Domain dispute hits earth
>>
>>
>> I think you underestimate the flexibility of the legal system.
>> The law has
>> been dealing with new technology for centuries. The trademark law's
>> ability to deal with the Internet is a credit to this process, not an
>> example of its failure. Furthermore, the way the judiciary is
>> dealing with
>> these new issues will inform the next round of legislation on the matter.
>>
>>
>> ______________________________ Reply Separator
>> _________________________________
>> Subject: Re: Domain dispute hits earth
>> Author: Dean Robb <[EMAIL PROTECTED]> at INTERNET
>> Date: 02/15/99 07:24 PM
>>
>> It really does. The reason that these attorneys can get away with these
>> lawsuits are because there IS no law regarding the Internet
>> specifically so
>> application of law from other areas is being made. Unfortunately, those
>> laws don't quite work. Of course, many of these lawsuits are frivolous,
>> intended just to make Joe User back down and give up because he can't
>> afford the fight.
>>
>> As has so often happened before, we discover that the laws applying to the
>> non-Net world just don't work very well in the dynamic and developing
>> Networld.
>>
>>
>>
>> "Small minds can only contemplate small ideas".....Unknown
>>
>> Dean Robb
>> Owner, PC-EASY
>> (757) 495-EASY [3279]
>> On-site computer repair, upgrades and consultations
>> Read my game reviews/columns in SimOps on WWW.TheGamers.Net
>>
>>
>> --
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>>
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>>
>
>
>--
>DOMAIN-POLICY administrivia should be sent to <[EMAIL PROTECTED]>
>To unsubscribe send a message with only one line "SIGNOFF DOMAIN-POLICY"
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>
