Deusto.com: I won the demand at WIPO ..... I won ?
Tuesday, March 21, 2006
I finally got a response from WIPO in the case of the Big Publishing group (Planeta Agostini) that demands my domain. And I won !!! The complete resolution is here (in Spanish only for now, in the future, WIPO will publish it here in english).
But after thinking about it ... what did I win ?? The resolution says that the domain is mine , that I can continue using it .... but it doesn't say anything against Planeta Agostini, who can continue harassing me as they please ..... and nobody pays me for the time and money wasted .....
In any case, I have relaunched deusto.com, with a new design (this time it includes English) to celebrate the occasion. Go visit it and write your stories there !
I would also like to thank my friends Andoni and Jorge at Iurismática, Ramón Pamies and John Berryhill for their help.
But after thinking about it ... what did I win ?? The resolution says that the domain is mine , that I can continue using it .... but it doesn't say anything against Planeta Agostini, who can continue harassing me as they please ..... and nobody pays me for the time and money wasted .....
In any case, I have relaunched deusto.com, with a new design (this time it includes English) to celebrate the occasion. Go visit it and write your stories there !
I would also like to thank my friends Andoni and Jorge at Iurismática, Ramón Pamies and John Berryhill for their help.
Digg Feedburner FeedFlare (what the hell is that ?)
Monday, March 13, 2006
I have been playing a bit with Feedburner today. They have the best service for RSS feeds that I know of. Among the hundreds of features they have, I like the one called "feed flares", which allow you to create little applets of code to be included in your feeds (more info here). I just created one that includes a buttom in every post I create so you can vote for my stories in Digg. You can see it in action if you are subscribed to this blog with your RSS feed reader !! :)
This is the little code that I made:
This is the little code that I made:
<FeedFlareUnit>
<Catalog>
<Title>Vote my stories at Digg</Title>
<Description>A static FeedFlare unit that links
to Digg's hombrelobo stories</Description>
</Catalog>
<FeedFlare>
<Text>Vote my stories at Digg</Text>
<Link href="http://digg.com/users/hombrelobo/submitted"/>
</FeedFlare>
</FeedFlareUnit>
More deusto.com - ICANN asks WIPO to correct their instructions
Thursday, March 09, 2006
Unfortunately, I cannot copy all the emails that I am exchanging these days in the deusto.com matter (I am too scared of the lawyers ...).
But one of the nice things is that after exchanging emails with ICANN representatives, my Registrar and WIPO, the ICANN decided to instruct WIPO to change their instructions (the WIPO intructions) towards the Registrars in the case of a complaint being issued against a domain (uff, anybody understands that paragraph ??)
As per the previous instructions that WIPO was sending, the Registrar would be suspending the domain, waiting for a resolution of the complaint. The wording was:
With this, the Registrar would place a registrar hold and lock on the domain name. So effectively, suspending it. That's why deusto.com remained suspended for 7 weeks.
But as I said, ICANN is requesting WIPO to change the wording. It won't help deusto.com anymore, but hopefully, will help other legitimate domain holders in the future. If WIPO listens to ICANN, of course ....
If anybody sees the new wording and wants to share it, please make a comment to this article.
But one of the nice things is that after exchanging emails with ICANN representatives, my Registrar and WIPO, the ICANN decided to instruct WIPO to change their instructions (the WIPO intructions) towards the Registrars in the case of a complaint being issued against a domain (uff, anybody understands that paragraph ??)
As per the previous instructions that WIPO was sending, the Registrar would be suspending the domain, waiting for a resolution of the complaint. The wording was:
....
(7) confirm that the domain name(s) will remain on registrar hold and lock during the pending administrative proceeding (reference is also made to paragraph 3.7.5.7. of the ICANN Expired Domain Deletion Policy, at http://www.icann.org/registrars/eddp.htm);
....
With this, the Registrar would place a registrar hold and lock on the domain name. So effectively, suspending it. That's why deusto.com remained suspended for 7 weeks.
But as I said, ICANN is requesting WIPO to change the wording. It won't help deusto.com anymore, but hopefully, will help other legitimate domain holders in the future. If WIPO listens to ICANN, of course ....
If anybody sees the new wording and wants to share it, please make a comment to this article.
WIPO irregularities - D2006-0036 - deusto.com
Monday, March 06, 2006
This is the email that I sent today to WIPO:
Dear XXX,
I would like to stress my absolute rejection of the way things are being handled in this dispute. As per your own rules,
http://arbiter.wipo.int/arbitration/rules/index.html ,
the language of this arbitration should be English (since the
Registration Agreement was in English and no agreement was made with
the Complainant on the contrary), and surprisingly you have accepted
the complaint to be in Spanish !
Also, today you told me two Spanish arbiters have refused to
take the case, due to conflict of interest. Again, the nationality of
the arbiters CANNOT BE SPANISH, as per your own rules, which I quote:
All this is very irregular, and after two weeks of sending my Response, I
find that an arbiter has not yet been appointed. And that you are still
looking at appointing Spanish nationals as arbiters, when that is
against WIPO's own rules. The rules clearly state that an arbiter will
be appointed within five days after the response is received. I
encourage you to take action as soon as possible, and to do things
according to the rules, avoiding biasness.
And I have to remind you again that my domain remains suspended, in
spite of the emails I sent to the Registar, so I am the only one
affected by all these unnecessary delays.
Sincerely
Dear XXX,
I would like to stress my absolute rejection of the way things are being handled in this dispute. As per your own rules,
http://arbiter.wipo.int
the language of this arbitration should be English (since the
Registration Agreement was in English and no agreement was made with
the Complainant on the contrary), and surprisingly you have accepted
the complaint to be in Spanish !
Also, today you told me two Spanish arbiters have refused to
take the case, due to conflict of interest. Again, the nationality of
the arbiters CANNOT BE SPANISH, as per your own rules, which I quote:
Nationality of Arbitrators
Article 20
(a) An agreement of the parties concerning the nationality of arbitrators
shall be respected.(b) If the parties have not agreed on the nationality of the sole or
presiding arbitrator, such arbitrator shall, in the absence of special
circumstances such as the need to appoint a person having particular qualifications,
be a national of a country other than the countries of the parties.
All this is very irregular, and after two weeks of sending my Response, I
find that an arbiter has not yet been appointed. And that you are still
looking at appointing Spanish nationals as arbiters, when that is
against WIPO's own rules. The rules clearly state that an arbiter will
be appointed within five days after the response is received. I
encourage you to take action as soon as possible, and to do things
according to the rules, avoiding biasness.
And I have to remind you again that my domain remains suspended, in
spite of the emails I sent to the Registar, so I am the only one
affected by all these unnecessary delays.
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