DaveBeasley

With so many of us believing that a lot of recent DRS cases are flawed decisions, and that more and more respondents are being unfairly treated by larger business's, would it be plausible/possible to create some kind of 'mutual' user defence group to help put together replies to DRS cases that get brought against any of us on acorn.

It would be reassuring to know, not only for myself, that with so many of you with detailed understandings of how DRS cases have; and should be handled, could assist someone else in preparing they're own responses. I'd happily pay for that kind of service!

Cheers

Dave

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retired_member11

THA - Tag Holder Association?

Nigel

Dave, That's an excellent idea. Might be quite hard to put into practice though. Some portfolio's are stacked full of trademark domains and will be getting regular DRS letters. Others have carefully chosen domains and DRS issues will be rare, but decisions like finecheeses.co.uk means that even the best quality portfolios will need DRS assistance at some time in the future. It would be good to see bad DRS decisions appealed and overturned on a regular basis but there may even be legal implications in joining together in a mutual and giving mutual assistance in DRS cases. Perhaps beasty could enlighten us.

gordon

Interesting take on it. I've never experienced the PAB to be "overly compliant" with anyone. I think it is true to say there are some PAB members who have a negative view of the type of business members of this forum are in which might be why there is more antagonism here than need be. I think that is unfortunate. I think this can be overcome without antagonism and achieve a better DRS in the DRS review from everyones stand point.

I'd encourage you not to view either the PAB, Board or Nominet as the enemy (even those individuals that disagree with you) as all that happens at present is they are working within the framework that resulted from public consultation. It is time for a new DRS consultation and set out the framework to use moving forward. If you work with the PAB, Board and Nominet you are likely to be able to have many of your issues addressed in the review.

There are many good points made on this forum about the DRS from time to time, I should also say there are also many comments that don't justify even discussion as they descend into attacks, etc. I really hope the good points do get distilled into submissions to the review.

You are looking for a sort of "quality control" mechanism? Something like that sounds like a good idea, not sure if the PAB is the body to do it for a number of reasons but the idea is very worth exploring.

Gordon

Jac

For the record; the difference between PAB members and Nominet Board Members is that the Board has to act in the best interests of Nominet (the company); the PAB has to act in the best interests of the wider stakeholder groups. What you have just suggested is that personal opinion equals negative view but personal views are immaterial to the PAB who must discuss and rationalise a thing to the benefit of the wider stakeholder communities. The only antagonism on this list is to do with disagreement on a personal level, it has nothing to do with PAB views nor IMO should it. The PAB is representative of all stakeholders; conversely the Board is not; it is representative of The Company.

It is therefore disingenuous to even hint that views expressed by any individual PAB member on this forum are representative of the PAB; they are not; they are representative only of the individual.

Regards
James Conaghan

gordon

I never suggested personal views were material but they do however effect how external people see the PAB, whether they are right or not is another matter.

From comments made on this forum, I'm not convinced everyone sees it that way.

I have not, and never would suggest that, or even hint it.

Gordon

Jac

This is what you wrote and what seems ambiguous to me.

"I think it is true to say there are some PAB members who have a negative view of the type of business members of this forum are in which might be why there is more antagonism here than need be."

But thanks for clarifying you would not and never would suggest it.

Regards
James Conaghan""

retired_member11

... but James, I am wrong in having gained the impression that you don't entirely see eye to eye with the dropcatcher model of registering domains? Please do correct me if I have misinterpreted your previous posts.

Jac

Most of my previous posts on the subject have been based on what other stakeholders or stakeholder groups have told me. Whether I entirely see eye to eye with you or the dropcatcher community is actually of little consequence in the greater scheme of things where consensus is all important (at least, to me). The PAB is a melting pot of ideas from the wider communities; it doesn't exist to admire itself or its own viewpoints. I may exist to admire myself and my own viewpoints but I don't actually matter in the greater scheme of things.

In the greater scheme of things my opinion is only mine whether we disagree or not, and yes, there are things I disagree with on this forum and in relation to dropcatching and domaining but then I have said so; so it isn't like I'm being duplicitous, is it? Much of what I disagree with is the attitude of some dropcatchers and domainers (NB: I say some, not all) which suggests to me that other stakeholder groups don't count in their thinking and just as you may find it offensive that I disagree with you or your own thinking, I find it offensive that the rights of the majority are sometimes overlooked as irrelevant. (At least it seems that way at times.)

However, I am as much a minority on the PAB as the dropcatching and domaining communities are in the greater scheme of the wider communities and it is the wider communities and all the associatied differences of opinion that I believe I have to consider as a PAB member (but it is the 'collective' that makes recommendations, not the individual).

I have often said on this forum that Nominet regards dropcatching and domaining as a legitimate business model. As long as that is the case, the PAB is bound to listen and take the comments and suggestions of Acorn Domainers into consideration and as Gordon just said, Acorn has made "many good points".

The PAB is a melting pot of ideas and communities but there are some things the PAB isn't, like an arbitrator or regulator, and some people seem to think the PAB has more authority than it does. The PAB advises on policy and it does so to the benefit of the collective (as in the wider stakeholder communities). It cannot regulate or admonish Nominet although Nominet has often said it would be highly unusual for the board to reject the advice of the PAB. I like to think this is because Nominet acknowledges the PAB represents the views of all stakeholders.

I know that's more than you wanted to know, but some questions are not just a simple "yes" or "no" answer.

Regards
James Conaghan

grandin

I totally agree with your assertions....the policy wasn't followed...ie. it is doubtful that the respondent specifically had the complainant in mind....he was probably out to register surnames....

So yes beasty the decision doesnt follow the policy in respect of the examples given in the policy BUT don't forget the policy allows such decisions....for instance 3.a.....says MAY

This is why the contract is misleading.....everyone is relying on whats written in 3a BUT the Policy allows for the Expert to rule outside this.

Most interesting about this case is that it technically contradicts the GHD Appeal decision.....The Panel said that LM by offering to sell the name for £20k did not take UNFAIR advantage off the complainant....in the same way a general for sale sign doesn't take UNFAIR advantage off the complainant.

As clear as MUD

I have now contracted two top journalists with some web work....may write a book one day....'How to get in SH*T in 30 days.....buy a domain name'

Lee

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