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Comments 15-0 Against Expedited UDRP. So What Will ICANN Do?

Community feedback is pretty clear about Expedited UDRP.

ICANN says it takes community feedback into consideration when managing the domain name system. But clearly it’s not a majority rule system.

So here’s a clear cut case, involving the Czech Arbitration Court’s proposal to offer an “Expedited UDRP”. Out of 15 commentors, not a single person was in favor of the proposal. Zero. Zip. Nada. All 15 commentors were opposed to it either on principle or procedural grounds. And these aren’t just angry, misinformed domainers complaining. The comments include that of an actual UDRP arbitrator, GoDaddy, and even the group drafting the Uniform Rapid Suspension idea. Here are some of the comments:

“Go Daddy strongly opposes the amendments proposed by CAC as they are currently written, and encourage the ICANN Board to reject these changes.” – Go Daddy

“The ICANN public notice for comments has misled the ICANN community and the public. This is not a mere change to supplemental rules for a mere alternative page limit. This is the adoption of an “_Expedited Decision_” analogous to the URS system, recently created by the STI.” -NCSG STI Drafting Team (same people creating Uniform Rapid Suspension)

“It is our position that all of the proposed changes will, in effect, have a material change on the UDRP itself, and therefore…must be subject to the PDP process as defined in the ICANN By-Laws.” – Go Daddy

“Implementation of this proposal through CAC’s Supplemental Rules would constitute a complete perversion of individual arbitration provider authority to amend secondary rules that are solely meant to address minor and
incidental administrative matters.” – Internet Commerce Association

The ball’s in ICANN’s court. What will it do? And what will it do with WIPO, which thinks it can institute similar changes without even asking ICANN for its blessing?

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Related posts:

  1. Arbitrator Asks Good Questions About Expedited UDRP
  2. ICA Asks ICANN to Halt Expedited Domain Arbitration Plans
  3. Good Luck Finding the UDRP Arbitration Provider Contract with ICANN

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Comments

  1. December 15th, 2009 | 1:13 pm

    Comments 15-0 Against Expedited UDRP. So What Will ICANN Do? – http://tinyurl.com/y8usxey

  2. Belmassio
    December 15th, 2009 | 3:35 pm

    They’ll “take into consideration” the replies, then commission an “independent analysis report” from some bunk macroeconomist that has never run a business in his life, and conclude that moving forward is “more prudent” than allowing the status quo to remain in effect as “trademark interest must trump the insidious underminings of our trademark system as we have known it for over 100 years. ” Amen!

    Spin, spin, spin, spin, spin, spin, and spin some damn more until they get what they want

    ICANN is total rubbish. They have never shown respect for domain owner rights whatsoever….period.

    Has Rod Beckstrom done one thing since he has gotten in office to strengthen domain owner rights? I only see him flouting the trademark interests so far.

  3. December 15th, 2009 | 10:07 pm

    Hi Andrew, I’m sure that with your article there will now be some of Verizon’s over 100 paid lobbyists writing in to ICANN…

    It might be 50-15 before the weekend…

  4. December 16th, 2009 | 12:00 am

    @ Antony – technically the comment period has ended, although ICANN hasn’t been able to figure out how to shut off its commenting system upon the deadline.

  5. March 3rd, 2010 | 2:13 pm

    [...] (CAC) had proposed a sort of “dual track” UDRP, which was unanimously opposed by the ICANN community. CAC disagreed with the community feedback and adjusted the messaging for the reduced-fee service, [...]

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