On Thu, May 13, 1999 at 04:00:25PM -0400, Richard J. Sexton wrote:
> Kent, let me ask you a question. DO you think the WIPO report
> should be adopted, scrapped or modified?
A serious question deserves a serious answer:
I think it should be adopted, immediately, on a provisional basis. I
think that the new registrars need a uniform framework for dispute
resolution fairly early on (like: now). However, the WIPO report
itself leaves some questions open, so for that reason alone the DRP
has to be modifiable.
Modifiability, therefore, is a requirement. And therefore, things
that don't work can be fixed. And, hysterical claims to the
contrary, things that don't work *will* be fixed.
The advantages of having a uniform policy available immediately are
significant, especially given that a uniform policy is a politically
inescapable long-term reality. It vastly simplifies the registrars
lives during startup of competition.
NSI and others have claimed that there should be competition in DRPs.
But adoption of the WIPO standards don't preclude competition in
dispute resolution -- it gives an international base level that
registrars can work from. Without that base level registrars will
arbitrage DRPs down to criminality -- competition requires rules the
players can count on, otherwise conflicts get bumped a level and
people start taking out contracts on each other.
>
> If you think it should be adopted is that because it's
> such a great idea or because "if we just pass this we
> can get on with it and get that much closer to getting
> new tlds in the root".
Kind of both.
I think a uniform base DRP is a great idea -- more precisely, I think
it is an absolutely necessary precondition for private
self-regulation of the net. Without it, complete control over all
this *will* go to some international treaty organization. The WIPO
recommendations aren't perfect, but they form a pretty good starting
point, and they will evolve over time.
I also am very much in favor of new gTLDs, and it should be clear to
anyone who has been around for very long that a uniform dispute
resolution procedure has got to be there before we will get any new
gTLDs.
>
>
> --
> [EMAIL PROTECTED] [EMAIL PROTECTED]
> "Those who give up a little freedom for a little security
> will not have, nor do they deserve, either one"
> --Thomas Jefferson
--
Kent Crispin "Do good, and you'll be
[EMAIL PROTECTED] lonesome." -- Mark Twain
