Re: Dispute resolution

[Karl Denninger <karl@Mcs.Net>]

>    The draft recognizes that gTLDs are inter-national by their nature,
> and that arbitration should be preferred to litigation. Why can't we
> be consistent here?

Because you can't usurp the rights of individuals and firms.

>    (Yes, I know we can't prevent someone who never agreed to arbitration
> from filing suit for trademark infringement in any court with jurisdiction
> over assets of the registrant; but we needn't make his/her job easier,
> and hopefully we can establish a precedent of quickly dismissing suits by
> persons who want to take SLDs for their own use.)
> 
> --
> John Leslie <john@jlc.net>

This is an unconstitutional requirement (see the 5th amendment in the US).

Individuals (including artificial ones such as corporations) may not be
deprived of life, liberty, or property (and a domain is certainly the 
third) without *DUE PROCESS OF LAW*.

Binding arbitration is an OPTION for two individuals who enter into a
contract to assume.  In a free market, some offerors of service will insist
on this.  If *ALL* of them, or a significant market force, do, then you are 
likely in violation of the Bill of Rights -- at least in the United States.

Deliberate violations of civil rights are nasty stuff (ie: criminal) in this
country.  Don't do it.

Firms have a *right* to persue legal redress for violations of their rights
in this country through the courts.  Its not an *option* -- its a RIGHT.

Figure it out.

--
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