DRS response template

[Whois-Search]

If any Acorn members haven't got time or can't be bothered to write a response to the Nominet DRS consultation:

Updating the .uk Dispute Resolution Service

Then please use this template:

http://www.andrewbennett.co.uk/drs/template.doc

http://www.andrewbennett.co.uk/drs/template.txt

Which is a summary of my actual response:

http://www.nic.uk/digitalAssets/14309_Andrew_Bennett.pdf

And submit it via the Nominet survey on:

Using the Dispute Resolution Service for .uk domain names

Before this Friday (16 February 2007).

Please include the disclaimer on the bottom of question 7 and sign the survey your REAL name and company. This is so Nominet accept the responses and cannot discredit them.

My motive for doing this is to purely help people form a quality response and to make sure every registrant doesn't have to endure things like "loser pays".

Of course please feel free to leave out/change any part of my template.

N.B. I have also posted this on the Nominet mailing list Nom-Steer.

 

[aquanuke]

Thanks Andrew, have submitted my response

Only wish we had "copy & paste" and helpful co students like yourself when I was at school.. then I might have been able to get a decent job

 

[Whois-Search]

Only wish we had "copy & paste" and helpful co students like yourself when I was at school.. then I might have been able to get a decent job

LOL

Trouble is the regulations are that tight (unlike Nominet's DRS) you can now even get done for plagiarizing yourself:

http://www.staffs.ac.uk/images/academic_dishonesty_tcm68-12681.pdf

(vii) the submission of a piece of work which has previously been assessed for a different award or module or at a different institution as if it were new work;

And sometimes you have to submit electronic copies and they have software to search for copied work

 

[Paullas]

made thread sticky for now

 

[rob]

Just bumping this to encourage any domainer who has not done this to spend 5 mins and fill out a quick reply themselves!

 

[Paullas]

fill out a quick reply themselves!

so you dont recomend using the template rob?

 

[olebean]

so you dont recomend using the template rob?

Read the responses on nominets site and a clear pattern emerges ... One that perhaps justifies responses being ignored?

 

[rob]

so you dont recomend using the template rob?

template is better than nothing - but ideally just give it 5mins and have a crack at a DIY even if it is a little rant

 

[Whois-Search]

Read the responses on nominets site and a clear pattern emerges ... One that perhaps justifies responses being ignored?

Though it was nice to see people using it today I was worried by it also Olebean. They might lump us together under the "domainers" small interest group label and say we tried to hijack the consultation on the last day.

However I have done everything I can with the disclaimer and by posting it on here and on Nom-steer. If Nominet chooses to ignore its own paying Members (even if they are domainers armed with DACs) then thats up to them, everyone has had the same chance to reply to the consultation.

People like Dave Beasley have also refined and used the template to make better responses than mine

Domainers also have the most to lose from those changes i.e. more chance of losing and getting a DRS.

Also what really gets me about all this.........

Who actually proposed the issues such as "loser pays"? I'm sure they didn't get it from the PAB. Either it's come from a "member lunch" or the legal team/board made it up themselves?

Also if highly competent people like domainers (who know a lot about the DRS already) feel the need to use a template to answer Nominet's questions...... how the hell are the average registrant in the street able to form a reply?

Try explaining the DRS to people who have domain names but don't know who Nominet are!

This is most likely why the only other people to reply are either ip lawyers/experts or people/businesses that have had a DRS.

If Nominet wants to really do a consultation then they need to get the registrars to email every customer with a simple survey which is easy to fill in and answer. Closed questions i.e. Do you agree with loser pays (yes) or (no)? - can also be quickly checked by the survey website. Who is going to read all the open ended questions and form a balanced view of the responses? The Nominet legal team again?

 

[Beasty]

Mine's gone in - under my real name!

Anyone wanting to make a late submission and who may agree with me please get in touch and I will give you a copy to cut and paste the parts you like in the same manner that Whois-Search has done with his.

There is a bit of a surge from the big law firms etc. - so make your voice heard NOW! :twisted:

 

[domainking]

Drs Dispute Resolution Service Timetable

Registrant must reply within Fifteen working days
If you check european law and also Human rights act 1988
artical 4 Prohibition of slavery and forced labour
artical 2 No one shall be required to perform forced compulsory labour.
now if nominet are asking you to respond to DrS are they themselfs Not breaking the Human rights act as everyone is getting payed for this drs and the respondant is not.

Now If i was up for Drs I would recommend before you submit any paperwork for your defence. you ask the person at the other side this information.
1.A list of the domains that they have
This is for you to establish your defence if you know what domain names the persuer has and when they where registered then this will help you on your defence.
If they refuse to supply you the info then they must be in default as you need this info.
Also in a court of law there is a time bar so asking for when and what names they have will enhance your defence.
2.Make sure that no nominet member is a member of the law society of england or scotland as this could lead to conflict of intrest with regards to your name.
if one lawyer is persuing you for a domain name and its a lawyer who is the expert then there is a conflict of intrest in the dispute and there should never be a conflict of intrest in any dispute.
3.ask the expert to supply a list of the firms they have worked for for the last 20 years and ask if they are responable if later its found out that they where in collution with the persuer.
Also who is responable if you want to sue the expert for negligance.
4. Under the sale of good act if you bought a name for the 2 years then only really a court of law has the power to take it back.
european compitition rules clearlly state its illigal for any state of business to runn a cartel or monopoly and im sure the DRS is breaking these rules.
so basically if your asked to respond to a drs ask the basic question
if your not happy with the experts refuse the expert until you get one your happy with.
also this carry on you must answer back in 14 days when the other side could be prepariring there case against you for the last year would not stand up on a court of law so why do you stand up for it here.
The DRS was written by lawyers to be one sided and that on there side
also how mant tag members of nominet are on the drs and how many members of the DRS are members of the law society of england and scotland and how many experts who are not lawyers work for legal firms.
Yours
Please note these are my personal views and i could be wrong in other words just a thought and if your a lawyer and disagree with me then call me and lets discuss this. and point me in the right direction as i might with you

 

[GWing]

my mistake / posted in erro

sorry wrong thread,

what a prong I am