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Frontier Compliance: A Communication System Emerging in Cyberspace
Unformatted Document Text:  19 chance of maintaining his domain name. The low decision rates made for the respondents may partly be due to the fact that many of the respondents could not submit their responses and the panels responded strictly and negatively about their failure to submit responses. Because the UDRP system is structured in a way that the panel makes a decision based on the two parties’ arguments and supporting evidence rather than on the panel’s own inquiry and discovery, it is somewhat natural for the panel to make such a decision when basing their decision entirely on the complaint. But even under the circumstances, the UDRP requires the complainant to prove all three elements of the Policy 4 (3), including bad faith of the respondent. It is quite difficult to imagine that the 94.3% of the complainants had proved bad faith of the respondents. Even when the complainants do not have enough evidence to prove bad faith of the respondents, the panels often decided that the failure of the respondent to submit a response itself proves that he is acting in bad faith. 19 When more than half of the respondents fail to follow the administrative procedures of the system, treating the failure itself as the enough ground for losing the case (and losing the domain name they had registered) raises a serious concern regarding the fairness and balance of the UDRP system. Nature of the Parties The nature of the parties, i.e., whether the party is a firm or an individual, and whether the party has representatives or not, seems to be another factor that influence the outcome of the proceedings. According to the Woo’s study, complainants that are firms have significantly greater chance of wining against individual-respondents than against firm-respondents. 20 Respondents that are firms also have greater chance of winning in the proceedings than individual-respondents. 21 Firms are the more advantaged party in UDRP and most of the complainants are firms and more than half were not drawn as a random sample, but selected by sums for convenience of selection, but it seems that there no systematic bias in that the distribution of the decisions is consistent with the universe of the 5,033 decisions as of June 14, 2002. In Woo’s sample, 80% (385) of the decisions were made in favor of the complainants (transfer or cancellation), and 20% (98) of the decisions were made in favor of the respondents. In the universe, 80% (4038 proceedings) of the decisions were made for complainants, 19% (963 proceedings) for respondents, and 0.6% (32 proceedings) were split decisions (different decisions according to the domain names). 19 In Woo’s study, in 21% of the proceedings in which the panel decided that the respondent must have registered and used the domain name in bad faith, the respondent was viewed to be in bad faith purely by the fact that he failed to submit a response. 20 74.7% against firms versus 89% against individuals. 21 The chance was generally greater for more than twice for firm-respondents, with 25.8% for firms versus 11.7% for individual-respondents. In addition, respondents have the best chance of winning when the respondent is a firm and the complainant is an individual. When both parties are firms, complainants always won the proceedings.

Authors: Woo, Jisuk.
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19
chance of maintaining his domain name. The low decision rates made for the
respondents may partly be due to the fact that many of the respondents could not submit
their responses and the panels responded strictly and negatively about their failure to
submit responses. Because the UDRP system is structured in a way that the panel makes
a decision based on the two parties’ arguments and supporting evidence rather than on
the panel’s own inquiry and discovery, it is somewhat natural for the panel to make such
a decision when basing their decision entirely on the complaint. But even under the
circumstances, the UDRP requires the complainant to prove all three elements of the
Policy 4 (3), including bad faith of the respondent. It is quite difficult to imagine that the
94.3% of the complainants had proved bad faith of the respondents. Even when the
complainants do not have enough evidence to prove bad faith of the respondents, the
panels often decided that the failure of the respondent to submit a response itself proves
that he is acting in bad faith.
19
When more than half of the respondents fail to follow
the administrative procedures of the system, treating the failure itself as the enough
ground for losing the case (and losing the domain name they had registered) raises a
serious concern regarding the fairness and balance of the UDRP system.
Nature of the Parties
The nature of the parties, i.e., whether the party is a firm or an individual, and
whether the party has representatives or not, seems to be another factor that influence
the outcome of the proceedings. According to the Woo’s study, complainants that are
firms have significantly greater chance of wining against individual-respondents than
against firm-respondents.
20
Respondents that are firms also have greater chance of
winning in the proceedings than individual-respondents.
21
Firms are the more
advantaged party in UDRP and most of the complainants are firms and more than half
were not drawn as a random sample, but selected by sums for convenience of selection, but it seems that
there no systematic bias in that the distribution of the decisions is consistent with the universe of the
5,033 decisions as of June 14, 2002. In Woo’s sample, 80% (385) of the decisions were made in favor of
the complainants (transfer or cancellation), and 20% (98) of the decisions were made in favor of the
respondents. In the universe, 80% (4038 proceedings) of the decisions were made for complainants, 19%
(963 proceedings) for respondents, and 0.6% (32 proceedings) were split decisions (different decisions
according to the domain names).
19
In Woo’s study, in 21% of the proceedings in which the panel decided that the respondent must have
registered and used the domain name in bad faith, the respondent was viewed to be in bad faith purely by
the fact that he failed to submit a response.
20
74.7% against firms versus 89% against individuals.
21
The chance was generally greater for more than twice for firm-respondents, with 25.8% for firms
versus 11.7% for individual-respondents. In addition, respondents have the best chance of winning when
the respondent is a firm and the complainant is an individual. When both parties are firms, complainants
always won the proceedings.


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