AcornDomains DRS task force

[Rich]

Does anyone think it's a good idea to try and put together some sort of voluntary help group that acorn domain members can contact for advice if they ever get a DRS?

 

[zehrila]

well i guess its nice idea

 

[Michael Penman]

The problem is, it's possible to do far more harm than good. It'd be unfortunate if a party were led to believe that there were some substitute for reading the Policy and the help on the website.

An intelligent and literate party (even a layman) would do better to read the information provided in the Policy and online help than to consult many DRS 'experts'.

(Personal but informed view follows...)
It's also a sad-but-truism that those who are loudest about their knowledge of the workings of the DRS (and in some cases even charge for their advice) seem often to be the people most likely to hand out incorrect information.

Edit:
People seem to have read far too much into my comment above. It's not directed at anyone specific. There are lots of people offering DRS advice for money who aren't necessarily equipped to do so (and lots who are). The bad ones include some legal and IT professionals, the good ones include some laymen.

The bottom line for complainants and respondents is this: the DRS is designed so that if you're willing to expend the time and effort (especially reading the Policy and online help), you can do it yourself. If you don't feel confident doing it yourself then make sure whomever you select is competent. As in all other areas of life and business, caveat emptor.

 

[retired_member6]

I've had some feedback from one or two people so far and it has been a help, though I hope they read my last PM soon as I feel the way I have started to respond is strong but equally would like to know if I'm arguing the right points.

 

[Information Pro]

(Personal but informed view follows...)
It's also a sad-but-truism that those who are loudest about their knowledge of the workings of the DRS (and in some cases even charge for their advice) seem often to be the people most likely to hand out incorrect information.

Anyone in mind?

Totally unrelated but have you seen http://www.acorndomains.co.uk/general-board/5173-tm.html#post20985?

 

[Rich]

The problem is it's possible to do far more harm than good. It'd be unfortunate if a party were led to believe that there were some substitute for reading the Policy and the help on the website.

Mike my idea was to give people general advice on the do's and don’ts not to mount a defense.

For example usually a respondent is unaware that most of the experts are IP lawyers who think and act like lawyers (and the experts fail to realize that most of the respondents are average Joes not used to legal arguments).

Because of this I have seen several cases where a complainant has made several statements and the respondent has made a general statement denying them all. As the respondent has failed to deny each point individually the expert has wrongly assumed some of them are valid

I would guess at least 20% of DRS cases where a domain name is transferred to the complainant would not have been lost if the respondent had received some hints and tips from someone with detailed knowledge of the DRS system

 

[paymatters]

Does DRS get the final say in these disputes or can a court of law overrule them?

 

[paymatters]

So really what's more important is how a court would act?

 

[retired_member6]

All clear it all depends whether magistrates/courts are any better at understanding the internet than a few years ago. I would rather a competent person judge the issue on previous cases than make their own mind up.

Whether that means a knowedgable court room/jury/judge/magistrate or a knowledgable expert who doesn't simply make their own mind up and instead makes reference to the facts and previous cases.

I was told yesterday that just because a company has the .com then they have rights to the .co.uk how absurd is that? What's the point in having all these different extensions if one company has a right to all of them? And as someone has said before, what's Nominet doing selling other people's perceived property to others creating this vacuum and false industry?

If someone buys the .com then all other extensions should be given over to that person. That is what I was in effect advised yesterday. That as they have the .com they deserve the .co.uk. That can't eb right! Since when did buying a tractor entitle you to having the farm for free as well?

The DRS I am fighting is a landmark case on so many levels it actually deserves a court room but like some others that have come before it, it will either get shrowded in lies by the complainant - unless this is also the first case where the lies are present and, or like the majority end up in mediation and not seeing daylight so we don't know if this situation has arisen previously.

At least when cases end up in court and are settled outside, we know what the basis of the argument was in the first place. At nominet we don't. As the complainant is far from mediating and is actually starting the process of full engagegement then this should be visible to all from the outset.

I've looked through quite a few cases and cannot find one case representantive of my current situation, close but not close enough. I should win but it all depends which of the complainant's arguments stick. Someone says I should fight all points, another says I should only fight the three counts, but if I don't fight all lies and accusations then the expert may perceive them to be correct.

I asked nominet's legal team a question and in typical legal manner, quoted me policy. I'm not so sure that nominet are that impartial that they can't tell me exactly what I'm supposed to be fighting and what view the expert will take. But I'll present my argument taking little bits of advice on board and then present my defence.

You see, it's when events like these that come along, that it becomes much more than a domain name issue but a rights issue as well. For if I don't defend this one domain to the hilt, it will be on record I lost and had no rights, therefore leaving my other domains to the value of thousands open to be taken from me for nothing, leaving me in debt and my business in turmoil, I don't even get my £6.09 back - the cheeky gets nor the value of development thus far.

And I'll be damned if I have to register a sub company and a registered trade mark for every website and domain I develop simply because the system is not in my favour. I'm a one man band, how on earth can I afford that? I want a domain and a viable business not a library of unnecessary paperwork and solicitors clambering for money because the system doesn't work.

****We of course do not yet know if the system works or not. We shall see.

 

[olebean]

Lee

I don't know the facts in your case. Personally I would look to caselaw as well as previous DRS cases. Particularly case law, since that should override DRS cases, and previous cases are subject to English Law.

What ever you do, I wish you well with your case.