discuss A castle built on sand

[platey]

I reckon Udrps could eventually destroy the domain name industry

Why do I say this

Domain names are digital property etc but if Udrps caused as much chaos to actual property no one would feel confident getting a mortgage on an expensive house if they knew there were doubts as to whether their house is theirs even tho they had a mortgage on it

People would refuse to buy property because if such risks that would be associated with buying actual property

The domain industry is still a very very new fragile industry with teething problems that need to be addressed

Virtually every domainer knows of the problems and pitfalls of investing in domain names

If udrps existed within the stockmarket there wouldn't be a stockmarket

There needs to be domain name insurance added to every domain name purchase as standard to proctect the domainer from udrps and the consequences attached

You wouldn't dream of buying actual property without house insurance but you are happy to buy an expensive domain that could be subject to udrps or just someone that is adamant that they want your domain etc and there are no safeguards to protect the domainers investment and far too many stories of domain names where things didn't go right etc

So unless people feel confident about buying domain names without any comeback etc people will simply stop buying domains

 

[dordomai]

disagree. udrp is broke but udrps are still rare. there is always risk.

stock of a company could have fake financials or the company could screw up or end up being sued and go bankrupt. you never invest in a single stock or at least you shouldn't. buy a few generic domains and risk that all are taken away from you is very low.

buy a property, perhaps the house gets get destroyed or damage by fire.

nothing is 100% risk free. risk of losing your entire portfolio is very low, next to impossible as long as you keep it legal.

 

[platey]

One udrp is one udrp too many

 

[dordomai]

One udrp is one udrp too many

if you have 10 domains and you lose 1, you lost 10% of your investment. seems really low.

 

[platey]

The idea is not to lose any

A bit like a truck with 10 wheels

Try telling the truck driver that don't worry I'm only taking one of your wheels lol

A domainer wouldn't see that 10% udrp is acceptable

The 10% is a lawyers perspective

Eg fox and chickens

 

[E-Promote]

I would like to thank you for putting the Hendrix tune in my head for the day...no joke

 

[platey]

Lol

 

[alcy]

One udrp is one udrp too many

one being one too many, and udrp destrying domaining industry are two seperate issues.

 

[platey]

That as may be so you don't think udrp s are having a detrimental effect on the domain industry?

 

[E-Promote]

I tend to agree with dordomai, the risk is relatively low provided your business model is not sketchy to begin with. I do think we should push back when we can however, because they will take as much ground as they can when left unchecked.

 

[DomainVP]

That as may be so you don't think udrp s are having a detrimental effect on the domain industry?

Not at all.

If you take a solid month to do some research into UDRPs and their defenses there is no reason why you couldn't proactively protect yourself from UDRPs and defend yourself against them if/when they arise.

People typically lose UDRPs because they have mismanaged their domain due to ignorance of the policy, non response to a UDRP action, or flat out cyber squatting. It's rare for the WIPO to call it dead wrong.

They may make some unfavorable judgments, but usually the people that disagree with the WIPO are those that don't know the policy well.

The second you receive a UDRP it's already too late.

My advice; educate yourself on UDRP defenses and take proactive steps for you to defend yourself.

 

[Kate]

UDRPs are very rare. Most of the time, they are not filed without reasons. How do I know ? I review and read UDRP cases (I suggest that you subscribe to E-mail updates to get the latest rulings).
If you don't anything stupid, there is little risk. The only thing that you don't control is sponsored ads from parking sites, so think twice before you park a domain.
If you lose the UDRP you can still go to court but the domain has to be worth it.

As for the home analogy, there is also an extremely remote chance that your house could burn, and you even have insurance for that. But you still buy a home in spite of that remote risk. Likewise, you buy a domain name in spite of the legal risk. A domain can be stolen too.

If you are so adamant about insurance, you can take legal insurance for yourself.
I don't think that ordinary registrants would appreciate the idea of subsidizing insurance for the 'squatters' that we are (in there eyes). Even I wouldn't, and I am a domainer. Because I don't want to finance the stupid mistakes of others. You seldom get UDRPed without warning shots: usually the TM holder contacts you first to settle the case privately. If it goes to UDRP it's because you don't comply, rightly or wrongly.

In 15 years I have bought and sold hundreds of domains, some of which very valuable and desirable, an never had to deal with one single UDRP. I try not to do stupid things.

Tangible assets are actually less secure than domain names, because they are easy to seize. For example if you owe tax, the authorities can garnish your bank account even if you challenge the amounts owed.
A house can be seized too, along with cars and bank accounts. A house can certainly be seized if it's used for growing illegal drugs.
No asset is safe from claims.

TL;DR version: don't worry, be happy.

 

[Asfas1000]

if you have 10 domains and you lose 1, you lost 10% of your investment. seems really low.

Not really, the UDRP will hit your LLL.com and not the 9 lesser domains

 

[platey]

I wouldn't be surprised if people start adding domain name portfolios to their house contents insurance before long

Pretty much any product bought from a large shop or online shops offers basic trading assurances eg full refund or a good guarantee etc or warranty or insurance

No such thing exists in the domain industry

Rodney and delboy would have loved domain names lol

 

[Jv1999]

Not really, the UDRP will hit your LLL.com and not the 9 lesser domains

yeah I heard about an ethanol co who had eth.com or something, and they udrp'd them. They lost the UDRP. Hard to catch 3Ls and not get UDRP'd if there's a TM or something in place X.X

It would hurt a lot if u won a 3L for 10k then lost it to a UDRP.