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DRS tech question

Discussion in 'Domain Name Disputes' started by wiposucks, Feb 23, 2010.

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  1. wiposucks

    wiposucks Member

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    Know this is longshot but does anyone know where within the domain registration terms you are obligated to then accept the Dispute Resolution Service rules and policy if
    anyone issues a DRS ?. I would of course accept by implication that anyone issuing a DRS would need to agree to be bound, but cannot expect a Respondent to be quite so willing ,unless he/she has already agreed to accept somewhere within the terms & conditions when he regs.

    Cheers

    WS
     
  2. Domain Forum

    Acorn Domains Elite Member

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    IWA Meetup
     
  3. Adam

    Adam Active Member

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    Terms and Conditions

     
  4. retired_member12

    retired_member12 Retired Member

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    That relates to the function of the DRS, not the decision. It protects (to a degree) Nominets' role in the matter, but in no way stops you from going to Court to settle the matter afterwards.
     
  5. Adam

    Adam Active Member

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    Just having glanced quickly over the original post, I didn't feel he was asking about court, instead I thought he was asking if as a respondent he had to reply to a DRS or not and so wanted to know if he has to respond or not, and where he had agreed to be bound by the DRS. But yeah, obviously no stopping anyone going to court.
     
  6. wiposucks

    wiposucks Member

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    Thanks Adam et al for the replies. Yes correct Adam ,infact
    I was looking at the undertaking has to be given at time one wants to respond to a DRS and at that time you have to agree to be bound. Being pedantic to slight extreme (but have found thats how law works) , I was in fact looking to see where in the terms & conditions one "agrees, to agree" to be bound. Take for example the
    WIPO procedure. Someone I know fairly well infact refused to sign any undertaking to be bound by WIPO rules and, procedures ,or to exonerate experts from liability re their decisions on the basis that nowhere in the ICANN procedures or rules that one agrees to when regging a .com domain does it state that you have to agree to so accept, and infact even if you did then it would
    be void for uncertainty given the different rules of different
    providers of such procedures.

    Thanks
    WS
     
  7. HariSeldon United Kingdom

    HariSeldon Active Member

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    The ICANN rules state "You are required to submit to a mandatory administrative proceeding [if there is a dispute]", seems pretty unequivocal to me.
     
  8. wiposucks

    wiposucks Member

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    Youre missing the point im afraid. I am speaking of the undertaking requested on the actual response forms for WIPO at which point you are requested by WIPO to absolve them of all liability etc etc. They apparently accepted the response without that undertaking being agreed to because
    they realised that they had no right to order that.

    WS
     
  9. wiposucks

    wiposucks Member

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    Hari, I didnt really express it how I meant to sorry. Yes I know that you have to bind yourself to accepting UDRP procedure but NOT the additional terms etc that WIPO and others add in to the response to cover their own sorry arses.
    It is those additional self made terms they agreed to waive in my friends case.

    WS
     
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