Uniform dispute resolution policy: A violation of the legal rights of domain name registrants?
Date of Publication
2007
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Legal Management
Subject Categories
Business Law, Public Responsibility, and Ethics | Commercial Law
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Jocelyn P. Cruz
Defense Panel Member
Marisa M. Buenagua
Jose V. Mejia
Abstract/Summary
This legal research explores the interaction of internet and the two constitutional rights - Due Process Clause and Freedom of Speech Clause. The proponents discussed how the Uniform Domain Name Dispute Resolution Policy curtails the two-mentioned substantive right. The proponents find out that criticism is very significant in the business world. Such right to criticism is very significant in the business world. Such right to criticize should not be deprived to every individual living in a free and democratic society. If the UDRP will continue to curtail this substantive right - freedom of speech, harmonious relation among various counries might be at a risky condition. Moreover, a party who lost any case deserves the right to have his case reviewd. This is the essence of every due process - to find hope even in cases where there is slightest probability of winning.;"At the end, the proponents suggested recommendations on how to address the two sub-issues of the study. First, the proponents suggest that ICANN should take into consideration the findings of the proponents with regard to the possibility of free speech clause curtailment in parody-type cybersquatting. Specifically, the proponents, with regard to the issue on free speech clause, also suggest that a special panel should be created in arbitrating cases involving parody. Next, in terms of due process, the proponents recommend that a review board be created in order to efficiently decide on the various domain name disputes without curtailing due process clause. Lastly, the proponents recommend that further study on this field be conducted."
Abstract Format
html
Language
English
Format
Accession Number
TU16980
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
80 [23] leaves, 28 cm.
Keywords
Internet domain names—Law and legislation; Dispute resolution (Law)
Recommended Citation
Fama, K. L., & Reyes, H. U. (2007). Uniform dispute resolution policy: A violation of the legal rights of domain name registrants?. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/5420
Embargo Period
4-22-2021