Domain: arbforum.com
Stories and comments across the archive that link to arbforum.com.
Comments · 7
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Re:When you buy a new PC...
Doesn't a new Gateway (or any other major OEM) also come with driver CDs, manuals, etc., that have the EULA in print?
One of my machines is a Gateway tablet PC. It did came with a Warranty Agreement, a Standard Terms of Sale, and a couple of other print documents that I did not read (no real print manuals though). The Warranty Agreement includes the Dispute Resolution clause described. It also specifically states that the Warranty Agreement applies unless the buyer disagrees and gives notification within 15 days. There are two exclusions to the applicability of the Dispute Resolution clause, namely the arbitrator (the National Arbitration Forum, NAF, http://www.arbforum.com/ ceases operations or the case is a class-action.
Another bad clause: Buyer is responsible for any damage during shipment for repair, and may have to pay for the shipping!
Guess I won't buy any Gateways from now on -
Big BucksOur of idle curiosity I went looking to find out what it would cost this guy (assuming he's in the US of A) to file a dipsute. It appears that he would do so through the National Arbitration Forum. The E-Z Uniform Domain Name Dispute Resolution Policy instructions are here. Thankfully the National Arbitration Forum understands the needs of small business. In fact they describe them thus:
High litigation costs and the time-consuming nature of lawsuits can be a deterrent to anyone needing to solve a legal problem. That's why from large complex cases to smaller commercial and individual claims, parties trust the resolution experts at the National Arbitration Forum.
That's why the price for dispute resolution starts at a mere $1,150 US, or $2,500 US for a three person panel. -
Big BucksOur of idle curiosity I went looking to find out what it would cost this guy (assuming he's in the US of A) to file a dipsute. It appears that he would do so through the National Arbitration Forum. The E-Z Uniform Domain Name Dispute Resolution Policy instructions are here. Thankfully the National Arbitration Forum understands the needs of small business. In fact they describe them thus:
High litigation costs and the time-consuming nature of lawsuits can be a deterrent to anyone needing to solve a legal problem. That's why from large complex cases to smaller commercial and individual claims, parties trust the resolution experts at the National Arbitration Forum.
That's why the price for dispute resolution starts at a mere $1,150 US, or $2,500 US for a three person panel. -
Big BucksOur of idle curiosity I went looking to find out what it would cost this guy (assuming he's in the US of A) to file a dipsute. It appears that he would do so through the National Arbitration Forum. The E-Z Uniform Domain Name Dispute Resolution Policy instructions are here. Thankfully the National Arbitration Forum understands the needs of small business. In fact they describe them thus:
High litigation costs and the time-consuming nature of lawsuits can be a deterrent to anyone needing to solve a legal problem. That's why from large complex cases to smaller commercial and individual claims, parties trust the resolution experts at the National Arbitration Forum.
That's why the price for dispute resolution starts at a mere $1,150 US, or $2,500 US for a three person panel. -
Re:crappytire.com
Both the crappytire decision and the michaelbloombergsucks decision are listed at domainbattles.com.
The crappy tire decision links from this site:
- CrappyTire.com complaint denied WIPO decision
- CrappyTire decision Newsbytes
The site also has a link to the decision for the current topic:
MichaelBloombergSucks.com complaint denied NAF decision -
A great reference site
Quick followup, I found a great reference site for domain name battles at http://www.domainbattles.com .
It's up to date, informative, and very interesting, for example, White Pine lost a battle to take over CU-SEEME.NET, but HP won a battle for HPWEB.COM.
-Todd
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So how would you fix it?
OK, assuming the problem of "typosquatting" is a real one that needs to be dealt with, how would you create an enforcable rule?
For example, if I owned frito.com and you owned fritto.com, a perfectly legitimate word (maybe a chef's site, for example), is that a violation?
How would you quantify this in a way NSI and others could enforce? It seems like any solution would require subjective review by a committee, and that means that it would be political, capricious, and subject to manipulation like the WTO.
Personally, I think the internet advertising market will change in coming years, and just serving up a banner won't make you the 5 cents a click that people claim to receive now. This will make running a "typosquatting" site less lucrative. I also see no difference between "typosquatting" and perfume knockoffs, rolex watch knockoffs, kit cars, and other sorts of ways of leeching off a major brand name. It's a healthy part of how capitalism works.
The only big problem I see is intentional deceit, such as the recent problem with bank of america where someone was trying to deceive people into sending in personal info. We have existing fraud laws to cover that.
So, unless someone is trying to trick you into thinking that they are really bankofamerica.com or slashdot.org, I don't have a problem with "typosquatting".