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grandin · 21-07-2007, 04:43:02 AM

it means very little until many more court cases....DRS on the one hand is good.... it prevents massive legal bills and the majority of complaints are in respect to obvious abuse....however once in a while you get a large coporate who puts his welly in on something he/she does not have unequivocal rights to and for some reason they win....the reason for the win is not derived from the contract clauses as such but more so from the opinion of the expert. I don't see how a expert can be negligent as he/she is not (under the DRS) confined to english law or any contract term apart from....

does the complainant have rights

and

in his/her opinion has the actions of registrant taken unfair advantage of the complainants rights

This second limb is not confined to any list even though point 3 of the policy gives weight to a certain number of reasons....I recently discussed this issue with someone from Nominet and they implied these are the most common BUT as I said to him.. most common does not give reason to provide extra exposure over another reason....there is no hierarchy of reasons therefore point 3 of the policy is misleading.

The most interesting application of this was the ghd.co.uk case...The original expert referred to a previous drs case (he was the expert but did not disclose the fact) he moved the registrants rights date from the date of registration...Nominet clearly defines that on the day of registration you derive a right of use... is the expert negligent?....no cause he/she has been empowered to do whatever he/she likes cause your whole contract is based on a experts opinion who is not subject to anything apart from his/her own morals...

NB...I also said to the Nominet person that the reasons for abuse should be a longer list...the person said the list would be enormous and therefore not practical....ah I said.....at the moment the list is contained deep within the 3 million word drs archive isn't it?.....i am sure its Nominets duty to extract that list ins't it (or ignore it and hope the problem goes away)? i.e. even if the list was 1 million words instead of 3 million it would be less misleading....the list is currently 6 paragraphs approx!

Lee

21-07-2007, 04:43:02 AM	#19 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	it means it means very little until many more court cases....DRS on the one hand is good.... it prevents massive legal bills and the majority of complaints are in respect to obvious abuse....however once in a while you get a large coporate who puts his welly in on something he/she does not have unequivocal rights to and for some reason they win....the reason for the win is not derived from the contract clauses as such but more so from the opinion of the expert. I don't see how a expert can be negligent as he/she is not (under the DRS) confined to english law or any contract term apart from.... does the complainant have rights and in his/her opinion has the actions of registrant taken unfair advantage of the complainants rights This second limb is not confined to any list even though point 3 of the policy gives weight to a certain number of reasons....I recently discussed this issue with someone from Nominet and they implied these are the most common BUT as I said to him.. most common does not give reason to provide extra exposure over another reason....there is no hierarchy of reasons therefore point 3 of the policy is misleading. The most interesting application of this was the ghd.co.uk case...The original expert referred to a previous drs case (he was the expert but did not disclose the fact) he moved the registrants rights date from the date of registration...Nominet clearly defines that on the day of registration you derive a right of use... is the expert negligent?....no cause he/she has been empowered to do whatever he/she likes cause your whole contract is based on a experts opinion who is not subject to anything apart from his/her own morals... NB...I also said to the Nominet person that the reasons for abuse should be a longer list...the person said the list would be enormous and therefore not practical....ah I said.....at the moment the list is contained deep within the 3 million word drs archive isn't it?.....i am sure its Nominets duty to extract that list ins't it (or ignore it and hope the problem goes away)? i.e. even if the list was 1 million words instead of 3 million it would be less misleading....the list is currently 6 paragraphs approx! Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays Last edited by grandin; 21-07-2007 at 05:08:01 AM.