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Re: [alac] UDRP issue prioritization -- no clear message?

THanks for this overview. I agree with the unstated conclusion: that the real issues around the UDRP probably have more to do with the fundamentals than with issues of process. (But as someone who was peripherally involved in deciding on the fundamentals, I'm not sure we'd get a better result if we reopened everything... so perhaps some process improvements would be helpful. Certainly transparency would simply make the issues clearer - and the likely outcome of any particular dispute more predictable, which would be a benefit.)

so net net, the real issue is not just what points are raised, but how they are resolved. Perhaps we should actually discuss that (in case it isn't obvious).


At 06:59 PM 9/22/2003, Thomas Roessler wrote:
First, apologies for coming up with this so lately; we only have
about a day left for coming to closure on this.

Reviewing the issues that were mentioned on the list, and the little
discussion that has occured, I'm under the impression that we don't
actually have a clear set of issues to push on the GNSO council.

Only six committee members contributed to the discussion.  Four
issues were mentioned by four committee members each, and another
five issues were mentioned by three committee members each.

Opposition came from Hong against raising any substantial issues
(two of which -- 13, 18 -- received four "votes"), and from myself
regarding the centralized database -- 1 --, on the basis that this
is not a policy question; 1 also received four "votes".

I do not believe that there is, at this point, a strong enough
collective view on this committee on what specific issues should be
raised on the council.

For this reason, I'd probably refrain from submitting a list of five
to the council, and would instead send a more general note, roughly
like this one:


From: roessler
To: council
Subject: ALAC remarks on UDRP prioritization

ALAC members have had some discussion on the staff manager's issues
report on UDRP review.  There is no clear consensus on the ALAC
about what issues would be our "top five."

Committee members were concerned about questions of transparency and
accountability regarding UDRP decisions (issues 1, 2, 4, 5 are
relevant to this); about internal appelate review and precedential
effect (10, 19); and in particular about affirmative defenses (18),
the interpretation of "holding vs. use" (15), and the interpretation
of "confusing similarity" (13).

It was observed that a centralized database of UDRP decisions (issue
1) would have most value if there is enforceable precedential value
to earlier decisions.  Issues 4 and 5 were considered to be so
closely related that they should probably be dealt with together.

[ We also note that the sitefinder service that has been deployed by
Verisign is not just breaking design assumptions made by technology,
but also affects assumptions made in the UDRP. Depending on how
things further evolve in this question, issue 20 (cancellation as a
remedy under the UDRP) may become an urgent matter for the GNSO to
deal with. ]


Thoughts?  (Not sure about the sitefinder reference, since our (and
probably everyone's) preferred outcome is clearly that sitefinder be
shut down, not that the UDRP adapt to it.  Should I keep it or
remove it?)

Thomas Roessler  <roessler@xxxxxxxxxxxxxxxxxx>
At-Large Advisory Committee: http://alac.info/

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