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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 02-03-2006, 07:39:07 AM     #1 (permalink)
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15 Days or 8 Days To Mount A Defence?

Is this some kind of joke?

Taking into account the forms didn't arrive until yesterday although they presume the 28th, I only had 14 left, then having to waste my time complaining about the complainant's complaint - exactly... this reduces me to 13 days. Then there's the post which reduces me further to 12 or 11 days, minus a weekend and that makes 8 days.

Surely this should be extended to at the very least, a couple of months so case work on previous DRS issues can be scanned and worked on and examples given and a real worthy case handed over to fight any complaint?

Now I stand to lose several hundred pounds - at a guess, fighting a case which the complainant has brought for free to try for some reason to take what's rightly mine for two years for nothing, albeit for £750 in the end if they win and a further £3000 if the lose and wish to appeal and a further several thousand pound if they're still not convinced and then go to court.

And then I will be further inconvenienced at DRS stage 2 as I have to concentrate on this instead. One DRS a month and it would effectively put a small business out of er.... business. That's the thing about unregulated markets, the one making the market always gets penalised before it becomes regulated. Unfortunately one unregulated market has seen me move into another unregulated market.

Could members please look at increasing the duration to a couple of months in future and lengthening the whole process to at least 9 to 18 months. At the moment it seems like a fast track 'order now and get your pizza in 20 minutes' service. Alternatively provide a way for the defendent to (the phrase respondent is such a falsehood, say it for what it is) receive as much time as the prosecution/complainant had to make their case.

They had four months, I have eight days. Call that fair?

Irony - minus a further 10 minutes because of this post.
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Old 02-03-2006, 10:15:01 AM     #2 (permalink)
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It's 15 working days which again is better.

You see what the complainant has done, purposely distracted my attention from the real issue of the DRS by slurring my good character in a handful of ways, we're fast getting back on track. I've just got to ignore the personal assault and hope the expert does also.

Although I won't be exactly ignoring the personal assault.
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Old 02-03-2006, 10:35:26 AM     #3 (permalink)

 
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As Colombo would say ' Just the facts maam, just the facts'
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Old 02-03-2006, 11:58:36 AM     #4 (permalink)

 
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How does it work for people who live abroad? The post can take several days to a week to reach them - it's not like First Class which gets there the next morning...
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Old 02-03-2006, 12:01:00 PM     #5 (permalink)
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Originally Posted by Edwin
it's not like First Class which gets there the next morning...
Does it?!
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Old 02-03-2006, 11:04:39 PM     #6 (permalink)

 
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Quote:
Originally Posted by LeeOwen
Is this some kind of joke?

Taking into account the forms didn't arrive until yesterday although they presume the 28th, I only had 14 left, then having to waste my time complaining about the complainant's complaint - exactly... this reduces me to 13 days. Then there's the post which reduces me further to 12 or 11 days, minus a weekend and that makes 8 days.
Oh moan, moan moan! I've already said "cost of doing business" twice elsewhere on this forum so I will try not to say it in this message. FYI you do not have to respond by smail mail (i.e. post). You may respond electronically (i.e. by emailing your Response in the form of e.g a .doc, .pdf or .rtf or using Nominet's online form) AND by fax (there's no excuse for not owning a stand alone fax machine or something else that does the job). You must do **BOTH** for your Response to be considered valid.

Quote:
Surely this should be extended to at the very least, a couple of months so case work on previous DRS issues can be scanned and worked on and examples given and a real worthy case handed over to fight any complaint?
Quote:
Now I stand to lose several hundred pounds - at a guess, fighting a case which the complainant has brought for free to try for some reason to take what's rightly mine for two years for nothing, albeit for £750 in the end if they win and a further £3000 if the lose and wish to appeal and a further several thousand pound if they're still not convinced and then go to court.
You agreed to the T&Cs when you registered the domain name didn't you? Who says it's rightfully yours? You? Someone else appears to disagree. That's the nature of this whole process.

Quote:
And then I will be further inconvenienced at DRS stage 2 as I have to concentrate on this instead. One DRS a month and it would effectively put a small business out of er.... business.
Well any business getting a DRS a month would probably be in the domain name business and expect the complaints, hence have the expertise to deal with them.

Quote:
That's the thing about unregulated markets, the one making the market always gets penalised before it becomes regulated. Unfortunately one unregulated market has seen me move into another unregulated market.

Could members please look at increasing the duration to a couple of months in future and lengthening the whole process to at least 9 to 18 months. At the moment it seems like a fast track 'order now and get your pizza in 20 minutes' service. Alternatively provide a way for the defendent to (the phrase respondent is such a falsehood, say it for what it is) receive as much time as the prosecution/complainant had to make their case.

They had four months, I have eight days. Call that fair?

Irony - minus a further 10 minutes because of this post.
If the whole process was dragged out for 9-18 months, it'd cost a lot more and Complainants would simply decide to go to court instead of wasting their time with the DRS. If you still don't like the idea of having been complained about, consider giving up the domain name now on the basis that the Complainant withdraws their complaint. You can get them to do this.

If you're "into" domain names, you'll attract complaints. Didn't someone tell you? Did you simply expect to pay £5.88 for a few dozen domain names, each, and then watch the multi-thousand-pound cheques roll in?
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Old 02-03-2006, 11:06:15 PM     #7 (permalink)

 
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Quote:
Originally Posted by Edwin
How does it work for people who live abroad? The post can take several days to a week to reach them - it's not like First Class which gets there the next morning...
The Complaints get emailed to the Respondent's admin-c email address (so make sure that email address is valid/functioning/checked). The responses can be submitted electronically together with a faxed copy. The only problem is annexes, which are not scanned and emailed or faxed to the Respondent. Just posted.
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Old 03-03-2006, 03:29:56 AM     #8 (permalink)
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Invincible if you're not going to be helpful then don't bother responding, if I want a circus act, I can go to the circus. I know the basics and I know why people can complain that's not to say I agree with it and I know what one little toe is doing and that's in domaining, the other nine however are not.

So don't assume. And so far I've found the DRS process severly lacking in rules and policy, perhaps they should meet more often to assess it. You'll also notice the massive ask compared to the last.

Quote:
Alternatively provide a way for the defendent to (the phrase respondent is such a falsehood, say it for what it is) receive as much time as the prosecution/complainant had to make their case.
That's what I would be after and at least more time to respond.

Quote:
If you're "into" domain names, you'll attract complaints. Didn't someone tell you? Did you simply expect to pay £5.88 for a few dozen domain names, each, and then watch the multi-thousand-pound cheques roll in?
Yes, isn't that what happens oh smart one? oh thank you for shedding new light on the situation. Your intelligence is shown to all in the last paragraph... and as for if the process took longer it would cost more money? what rubbish, it's the same process it would just be longer.

Several aspects need looking into and whether I win or not this will be highlighted to those concerned with or without a solicitor's letter to either party.
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Old 03-03-2006, 10:19:16 AM     #9 (permalink)

 
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I think there were some wise words hidden deeply within invincibles (now regular) diatribe of hatred and filth.

I think that he is trying to be extremely helpful in cutting to the chase to help focus on the parts that are really important in keeping your domain.

That's the way I read it anyhow.

-aqls-
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Old 03-03-2006, 10:24:24 AM     #10 (permalink)
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Both replies are helpful, however it had already been answered more eloquently and less straight and I do like straight just not patronisingly straight.

Once I get this scanner sorted I shall hopefully upload the exhibits and DRS and then certain people can have a butchers. I'm currently printing out evidence to support me at the moment.
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