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Frontier Compliance: A Communication System Emerging in Cyberspace
Unformatted Document Text:  18 regarding 10,066 domain names. 16 First of all, it is easier for complainants to have domain names transferred or cancelled than for respondents to retain their domain names, with 78.7% (4,865) decisions were made for complainants and 20.6% (1,260) decisions for respondents. 17 In UDRP, those who own trademarks or service marks have more advantage than those who have registered the domain names prior to the mark holders. Many factors seem to influence the outcome of the proceedings. The most critical factor that influences the decision seems to be the question of whether or not the respondents properly submitted responses within the 20-day period. If the respondent fails to do so, the proceedings continue without the respondents’ participation. The panel makes a decision based solely on the complaint, which was prepared by the complainant with as much time and effort as it wants. Analyzing the relationship between the submission of responses and the decisions, Woo found that a strikingly large number of the respondents faired to submit responses. More than half (53%) of the proceedings in her study were default cases. It means that more than half of the respondents do not or cannot file their response in time. This finding suggests that many of domain name holders are not familiar with the new system of UDRP, and find it difficult to understand the significance of the proceedings and the need to submit responses. Even when a domain name holder understands this significance, he might also find it difficult to read the complaint and the notification from the service provider and write a proper response, often in English, and send it out within the 20 days that are allowed by the system. It is also possible that many of the respondents decide that they would not be able to maintain their domain names even if they submit the response, so just give up on the proceedings. It is difficult to assess how much of these default cases result from informed, voluntary decisions and how much from the lack of knowledge, time, and resources. What is most disturbing is the fact that the participation from the respondents who comprise the critical half of the system is extremely limited. This seems to have a detrimental influence on the fairness of the system. The relationship between the submission of the responses and the decisions presents even more striking result. Woo (2002), in her study of 483 decisions made in 2000 and 2001, found that 94.3% of the default proceedings were decided in favor of the complainants, while 66.8% of the non-default proceedings were decided in favor of the complainants. 18 When a respondent fails to submit a response in time, he has very little 16 As of October 31, 2002. 17 37 (0.6%) were split decisions, which made different decisions for different domain names in the proceeding. 18 Woo analyzed 483 decisions to examine the relationship between various different variables and decisions. Most of them were decided in 2001 and about 60 proceedings were decided in 2000. The cases

Authors: Woo, Jisuk.
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18
regarding 10,066 domain names.
16
First of all, it is easier for complainants to have
domain names transferred or cancelled than for respondents to retain their domain
names, with 78.7% (4,865) decisions were made for complainants and 20.6% (1,260)
decisions for respondents.
17
In UDRP, those who own trademarks or service marks
have more advantage than those who have registered the domain names prior to the
mark holders. Many factors seem to influence the outcome of the proceedings. The most
critical factor that influences the decision seems to be the question of whether or not the
respondents properly submitted responses within the 20-day period. If the respondent
fails to do so, the proceedings continue without the respondents’ participation. The
panel makes a decision based solely on the complaint, which was prepared by the
complainant with as much time and effort as it wants. Analyzing the relationship
between the submission of responses and the decisions, Woo found that a strikingly
large number of the respondents faired to submit responses. More than half (53%) of the
proceedings in her study were default cases. It means that more than half of the
respondents do not or cannot file their response in time. This finding suggests that many
of domain name holders are not familiar with the new system of UDRP, and find it
difficult to understand the significance of the proceedings and the need to submit
responses. Even when a domain name holder understands this significance, he might
also find it difficult to read the complaint and the notification from the service provider
and write a proper response, often in English, and send it out within the 20 days that are
allowed by the system. It is also possible that many of the respondents decide that they
would not be able to maintain their domain names even if they submit the response, so
just give up on the proceedings. It is difficult to assess how much of these default cases
result from informed, voluntary decisions and how much from the lack of knowledge,
time, and resources. What is most disturbing is the fact that the participation from the
respondents who comprise the critical half of the system is extremely limited. This
seems to have a detrimental influence on the fairness of the system.
The relationship between the submission of the responses and the decisions presents
even more striking result. Woo (2002), in her study of 483 decisions made in 2000 and
2001, found that 94.3% of the default proceedings were decided in favor of the
complainants, while 66.8% of the non-default proceedings were decided in favor of the
complainants.
18
When a respondent fails to submit a response in time, he has very little
16
As of October 31, 2002.
17
37 (0.6%) were split decisions, which made different decisions for different domain names in the
proceeding.
18
Woo analyzed 483 decisions to examine the relationship between various different variables and
decisions. Most of them were decided in 2001 and about 60 proceedings were decided in 2000. The cases


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