Whois-Search

A 3 Cases Respondent Table has just appered on the Nominet website?

3 cases respondent table

Will this now be used for "loser pays" ?

Or just to answer the FAQ:

Is there is a list of people potentially covered by the "Three-strikes" rule in Policy 3(c)?

Yes. However, it is up to the expert in each dispute to decide whether to apply it.

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olebean

Again I am unsure if Nominet can post personal names in a manner that suggests they may be guilty of something... If it was me I'd threaten them with defamation of character

grandin

I must say this action is good.....it is pretty wrong for someone to keep abusing other peoples rights...time and time again.

Lee

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Beasty

Agreed - though this one is a bit of a shocker - alternate.co.uk.

Nigel

Hi Jim

That certainly was a 'shocker' to most of us here at acorn. Also it seems unfair that the 3 strikes rule doesn't seem to give any allowance for the size of a portfolio i.e. Someone registers 10 dubious domains and gets 3 DRSs in 2 years and is treated the same as a portfolio holder of 10,000 generic domains (words like 'fine cheeses') who has a bad two years because someone in the legal field targets them using the PRSS Nominet decided to make public. Is it also possible to explain to us how the 3 DRS in 2 years works because I looked at that alternate case and the dates of the 3 DRSs that Nominet have grouped together. The 3 DRS decisions appear to have been made on:

1) 28/10/02 - DRS 0570
2) 25/10/05 - DRS 02921
3) 19/3/06 - DRS 03332

The way I see it it appears there have only ever been 2 DRSs in a 2 year period. Am I missing something Jim? i.e No 1 appears to be out of the 2 year time frame before No2 and No3 came along. Insight to the working of the 3 strikes/ 2 year rule would be most appreciated. I don't think anyone with a large portfolio should overlook this part of the DRS and assume that the 3 strikes rule won't ever affect them. Just think 'fine cheeses' 3 times

grandin

I am glad I went through the DRS because I truly didn't realise that you could be shafted by a later right. This has jumped me into gear to develop all my names at rocket pace. It is only with use that you can protect your rights, I thought I could sit on them and have a legitimate right to use them for whatever but under the law that clearly isn't the case.

So I am thank ful to Nominet in that respect but that doesn't excuse having to pay professional fees for something that ended up rather bargain basement

Lee

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Nigel

Fair point Lee

But why aren't earnings from ppc adverts not viewed as 'use'? I'm sure any court would interpret the term 'use' in its plain and simple meaning.

Also what's your view of how the 3 strikes rule works? is it 3 DRSs in a 2 year period?

grandin

Nigel, the following is my point of view that i put to ed at Nominet....he did not reply but he does normally reply....

I said that ppc is a directory linked specifically to what is being searched ie. it is no different to yell.com reselling classifications.....

For example:-

I own serveral towns and I could (but i dont) have a ppc page. I am sure the ad words would be town related ie. shoes shop in wokingham or postoffice in wokingham or tescos in wokingham......that is offering a service no different to yell and if you did the same with a trade name that represented many businesses and surnames ie. mercer then thats offering a legitimate service BUT BUT BUT and BIG BUT.....IF the mercer competitor under lets say mercer case was to lodge with adsense for its competitors term...mercer. Then you would be held jointly responsible if the competitors listings was on your ppc page...do you get what I am trying to say????

Their could be a legitimate unbeknowst to the registrant syndrome....you place the name with a parking company and act in good faith thinking that competitors wouldn't take advantage of anothers rights by parking with google and subsequently with you page.....maybe a case for counter sueing google....beasty tell us more????

Beasty did you get my email and did you reply?

Lee

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domaingenius

Has anyone heard the saying "thin end of the wedge" ?. I can see in the not too distant future the domains listed as abusive will be of the likes "bounce" ,"finecheeses" etc etc etc. As I have said before, as domains become scarcer the more the big money men will twist the rules, with the help of the likes of the new chairman of Nominet, to suit themselves and grab the domains from anyone that has a domain they want and dont want to pay for. Wait and see .

DG

yesterday

It all only depends on the quality of the strike.

If they keep churning out the sort of decisions we've seen then this is only 3 x better than it was before, (and only 3).

3 strikers (panel of experts) choosing 1 decision would be better than 1 striker choosing 3.

But 3 strikers and 3 strikes would be better still.

I think a dodgy decision should be rubbed off the list, and credits added.


yesterday

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