The Uniform Rapid Suspension System: ICANN

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SandnSurf

SandnSurf

Life's a Beach!
Nov 30, 2006
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Has this been discussed on here? I think it's got buckleys of going through. But you never know...

In summary from a source he's quoting
Trademark holders, unhappy with UDRP’s, a system under which they already have over a 85% win rate, formed a group, The Implementation Recommendation Team (IRT), which was given committee status by ICANN’s Intellectual Property Constituency “to give additional protection to trademark holders in the implementation of new gTLDs”.
If you want to see a list of members of the IRT click here.
The 68 page, IRT final report was released late Friday night. The committee which was suppose to propose “solutions” for protecting their existing legal rights wound up being a proposal, lets call it a wish list of new rights for trademark holders that have no basis in physical world trademark law......


The most important and problematic of the new proposals, is the Uniform Rapid Suspension System (URS)
What is the Uniform Rapid Suspension System?
Think of it as a UDRP on Steroids.......


What happens when a URS is filed?
As soon as a trademark holder files a complaint (again its a short form) the domain will immediately be frozen by your registrar.
Then your registrar will notify you that a complaints been filed.
So to be clear, your domain will be frozen before you even receive notice of the complaint.
Click to expand...
Source
 


i cant wait to pop on over to dictionary.com and find out what "buckleys" means...
 
1. It has not yet been implemented -- it will be debated (a LOT) in Sydney.

2. Even if it is approved, a lot of sources are estimating at-least a year or two before it is implemented.

3. There is a LOT of interesting discussion going on about it here -- ICANN Email Archives: [irt-final-report] and ICANN Email Archives: [irt-draft-report]

4. Stop pissing in your pants. The way ICANN works, it will take time and a lot of drama before anything moves ahead.
 
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BTW this is a very interesting thread on ICANN's List -- ICANN Email Archives: [irt-final-report]

Just a quick followup, I believe that this report, if implemented as policy
rises, to the level of unconscionability in legal terms:

Unconscionability - Wikipedia, the free encyclopedia

What will happen, IRT team, when legitimate registrants pre-emptively sue
ICANN, VeriSign/PIR (no one cares about new gTLDs, but they do care about
.com/net/org), and the URS providers on the day after any URS policy goes into
effect, as that would be the only mechanism available to "white-list" valuable
domains and websites that have been registered and used in good faith by
legitimate companies to prevent them from being disrupted and subject to the
egregious lack of due process in the URS? Some folks like to take 2 week
holidays, especially when they've owned a domain for 10 years! Because the IP
Tort Bar

Ulizio: He Fought the Tort Bar -- and Won - WSJ.com

was too greedy, asking for too much, they might actually end up getting nothing
at all (or even facing damages) when everything gets through the courts. Take a
look at the .biz lottery, if you need a lesson in history. Make sure all your
ducks are in a row.

From the Wikipedia article,

"Usually for a court to find a contract unconscionable the party claiming
unconscionability will have to prove both that there was a problem with the
substance of the contract and the process through which that contract was
formed. The substantive problem will usually be the consideration, but could
also be the terms, interest payments, OR OTHER OBLIGATIONS THE COURT FINDS
UNFAIR." (emphasis added)

You can take this letter as notice that ICANN should preserve all records that
exist of the IRT's secret deliberations (including all emails, MP3 recordings,
transcripts, etc.), and IRT members may expect to be called as witnesses in
order to demonstrate the "process" through which that contract was formed (and
in particular the history). At least the IRT members can get more free travel,
being deposed and testifying in court. IRT members are used to being
complainants and attacking others, and it would be interesting to see if their
defence is as good as their offence.

Sincerely,

George Kirikos
President
Leap of Faith Financial Services Inc.
www.leap.com - LEAP.COM 
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