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Is Nominet's policy killing the domain name secondary market ?

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LeeOwen said:
I've heard the defendent actually has to pay the fee to defend himself, is that right? farcical if it is.

Respondents in DRS cases do not have to pay any fee. Obviously, if a respondent wants to pay someone to write the response for them, that will cost. Equally, either side can pay for an appeal, if required, but that's not compulsory.

LeeOwen said:
Nominet should simply lay down a list of rules, not a - z and pick any letter you want, if they have to spend all the money they have, then that's the least they can do.

The rules are there - that's what the DRS policy and procedure are for.
 
LeeOwen said:
I've heard the defendent actually has to pay the fee to defend himself, is that right? farcical if it is.

EdPhillips said:
Respondents in DRS cases do not have to pay any fee. Obviously, if a respondent wants to pay someone to write the response for them, that will cost. Equally, either side can pay for an appeal, if required, but that's not compulsory.

You got there before me. However I doubt you'll ever stop these "rumours". :D

LeeOwen said:
Nominet should simply lay down a list of rules, not a - z and pick any letter you want, if they have to spend all the money they have, then that's the least they can do.

EdPhillips said:
The rules are there - that's what the DRS policy and procedure are for.

I think it's interesting that many believe the DRS process is conducted by Nominet. As you will know, Nominet itself has very little to do with an enacted DRS. None of the Mediators or the Independent Experts are employed by Nominet yet there is still a belief that Nominet is the decision maker in each case.
 
what you all have to remmeber under eurpoean law artical 82 to 86 every business has the right to trade and the fasct that some one is stealing you name you can always take it to european court. ps for legal reasons i wonder if nominet is classed as a cartel with regards the .co.uk and if so then nominet could breaking european law.
very intresting indeed
 
ps i also have to add every time i have spoken to nominet about domain names i personally think the guys do a great job.
their lawyers who work for nominet are very respected people in my view.
its in there intrest to make sure no one is breaking the rules.
and this is coming from a person had domain battles with lawyers.
the people in the legal department and nominet itsself i find provide a good service but i can also say that the so called experts on domain names not all of them are in it for the good on nominet but for self intrest only
 
invincible said:
I think it's interesting that many believe the DRS process is conducted by Nominet. As you will know, Nominet itself has very little to do with an enacted DRS. None of the Mediators or the Independent Experts are employed by Nominet yet there is still a belief that Nominet is the decision maker in each case.

Not 'entirely' true;) Please see quotes from Nominet's DRS Proceedure below:

"Dispute Resolution Service means the service provided by us according to the Policy and this Procedure;"

"Informal Mediation means impartial mediation which we conduct to facilitate an acceptable resolution to the dispute;"

As someone who is in the middle of a DRS case at the moment, I can confirm that the Mediator's who I've communicated with work within Nominet's Legal Dept.
 
sneezycheese said:
Not 'entirely' true;) Please see quotes from Nominet's DRS Proceedure below:

"Dispute Resolution Service means the service provided by us according to the Policy and this Procedure;"

"Informal Mediation means impartial mediation which we conduct to facilitate an acceptable resolution to the dispute;"

As someone who is in the middle of a DRS case at the moment, I can confirm that the Mediator's who I've communicated with work within Nominet's Legal Dept.

Yes that is actually correct. I didn't correct my post when I found out a few weeks ago. I was actually under the impression that the mediators were employed by an outside agency and were contracted to Nominet in some other way. I think the confusion came from the fact that they are accredited (if that is the correct term) by CEDR.

The point I was trying to convey is that it's not someone in, for example, the Nominet Registrations Department making a decision over a domain name dispute whilst eating her sandwiches over lunch nor is it a director of the company. The Ind Exp's aren't employed by Nominet, although they do get the money when a Complainant pays for a decision.

I am surprised nobody bothered to correct me sooner.
 
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