[LINK] Web Dispute Resolution Policy

Jan Whitaker jwhit at melbpc.org.au
Thu Oct 15 10:10:22 AEDT 2009


At 07:45 AM 15/10/2009, Tom Worthington wrote:
>The parties have to agree to use a dispute resolution process. This 
>may be a condition of use of a web service they sign up for, or they 
>may be ordered to do so by a court.
>
>WIPO have an Arbitration and Mediation Center which has been used 
>for resolving disputes over web domain ownership. It is particularly 
>useful were the parties to the dispute are in different countries. 
>Each party submits a short statement to an arbitrator, who makes a 
>decision: <http://www.wipo.int/amc/en/domains>.
>
>This process has been used for such important issues as who
>owns "henrytheoctopus.com":
><http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0124.html>.
>;-)

Actually, I don't have a problem with this order of situation. Where 
it gets dicey is in the major lawsuit level, such as the guy from 
Australia who has the on-again-off-again suit against Microsoft. It 
would also matter if it was binding arbitration or could be pursued 
outside the arbitration process if the situation warranted. It makes 
sense to have a 'low level' opportunity for things like domain names 
and inter-country jurisdictional problems. It just shows how the 
'global village' changes are affecting so many different levels.

Jan



Melbourne, Victoria, Australia
jwhit at janwhitaker.com
blog: http://janwhitaker.com/jansblog/
business: http://www.janwhitaker.com

Our truest response to the irrationality of the world is to paint or 
sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer

_ __________________ _




More information about the Link mailing list