A shocking interpretation of whois privacy and domain name investing.
The majority of a UDRP panel deciding a case over the domain name montezuma.com got it right, determining that the complainant didn’t prove a lack of rights or legitimate interests in the domain name, nor that it was registered and used in bad faith.
But panelist Houston Putnam Lowry dissented, inserting a shocking interpretation of the use of whois privacy.
He argues that the use of a Whois proxy service obfuscates acquiring rights or legitimate interests in a domain name. He also says that the use of a Whois proxy service shows bad faith that must be rebutted. “Only people with an intent to deceive conceal their identity,” he writes.
Additionally, Lowry argues that, since the domain name owner registered the domain with the hopes of selling it to a previous owner, he targeted the “class to which complainant belonged” (i.e, companies that might have previously owned the domain).
It’s an incredibly activist position. I’m publishing his dissent in full: Click here to continue reading…