[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
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