ICANN New Guidebook: Terrorists Now Ok: Domainers 3 Strikes & You’re Out

[Archangel]

In the new Guidebook issued by ICANN yesterday, (pdf) if you’re a domain holder that loses 3 or more UDRP (yes they are so fair and well grounded), you will be in the same class as Convicted Murderers, Rapists and child molesters.

Yes it would be a bad joke but its true.

Under the new ICANN guidebook (pages 1-17/1-19) if you lose 3 UDRP’s you’re disqualified from being a “major shareholder” of a new gTLD registry, or being a partner, officer, director, of a new gTLD registry.

http://www.thedomains.com/2010/11/1...rorists-now-ok-domainers-3-strikes-youre-out/

 

[Domagon]

For once pot enthusiasts get a pass ... call first dibs on .POT :lol:

Seriously though, losing three UDRPs over a long period of time is quite conceivable for a large domainer with many highly sought domains.

On the bright side, that ICANN provision isn't as iron-clad as the others ... looks as if exceptions can be made...

"k. has been involved in of a pattern of decisions indicating that the applicant or individual named in the application was engaged in cybersquatting as defined in the UDRP, ACPA, or other equivalent legislation. Three or more such decisions with one occurring in the last four years will generally be considered to constitute a pattern."

Emphasis mine - so it appears as if one could argue that one or more of the losing UDRPs were questionable decisions or one or more of the strikes shouldn't count for various reasons in their specific situation.

In addition, those domainers with aspirations of operating a gTLD registry in the relatively near future (ie. within next 5 years) who have two strikes already that then get hit with a 3rd, even if their defense is weak, may do best to try their luck at going the lawsuit route in an attempt to overturn that 3rd loss - as far as the policy goes, that loss may not go away, but the overturning of it by the court may be viewed as a mitigating circumstance in regards to that particular provision, which to reiterate, leaves some wiggle room.

Ron

 

[Name Trader]

So how do the Registrars who warehouse thousands/millions of domains fare? Surely they must be hit by UDRP's all the time? Or do they just automatically roll-over, so no decision against them?

 

[Archangel]

That's a helluva question. I wish I had an answer to it :p

So how do the Registrars who warehouse thousands/millions of domains fare? Surely they must be hit by UDRP's all the time? Or do they just automatically roll-over, so no decision against them?