Good points here William. I would go a bit further however.
For instance:
Mandatory *Anything* with respect to *Guidelines* as in "Accreditation
Guidelines", al la ICANN is a contradiction in terms not to
mention
unhealthy and counter productive or anti-trust bait.
The WIPO RFC-3 recommendation for ADR's as was discussed some
time
ago now in the defunct gTLD-MoU effort, especially when proposed to
be made
mandatory, are by definition anit-competitive and therefore in violation
of the
NSI/ICANN/MoU as well as direct violation with the White Paper, as
many
have pointed out very clearly and concisely. To impose such a
requirement
would be devastatingly expensive to the vast majority of DN holders,
and
likely many, though a minority of TM holders as well. Mandatory
ADR
procedures or mandatory mediation, is a two edged sword that cuts deep
once swung and hitting its mark, causing profuse bleeding of time,
effort, and $$, that are needlessly spent in some if not many cases.
If a JUDGE so orders mandatory mediation, through the use of some
ADR procedure, than that is the law, otherwise don't tread on me!!!
William X. Walsh wrote:
> (1) Generalizations about the nature of "all" TM/DN disputes cannot beRegards,
> accurately made;Precisely why disputes should not be generalized into a mandatory ADR. ADR may
be appropriate for SOME, but not for all, and it should remain (as it is now)
the SOLE decision of the parties to the case as to whether to use ADR to
resolve a dispute.> (2) Every dispute has different facts;
>
> (3) We should design the fairest tribunal possible - leaving civil
> litgiation as the sole forum will disadvantage both the innocent DN owner
> and the innocent TM owner and advantage only the avaricious (both TM and DN
> owners).No need to design one. They already exist, and are an option for every set of
parties to a litigation/dispute. They can be used by the MUTUAL consent of
both parties to set aside their right to a hearing/trial in court and agree to
ADR.----------------------------------
E-Mail: William X. Walsh <[EMAIL PROTECTED]>
Date: 26-Feb-99
Time: 11:19:34
----------------------------------
"We may well be on our way to a society overrun by hordes
of lawyers, hungry as locusts."
- Chief Justice Warren Burger, US Supreme Court, 1977
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
