General Counsel's Analysis of GNR's Request for Amendment
to Registry Agreement - Louis Touton
To the Board: On 9 November 2002, I received the attached
request from The Global Name Registry Limited (GNR), which
operates the registry for the .name top-level domain under
a registry agreement it entered with ICANN on 1 August
2001. The request seeks the revision of various of the
appendices (mainly Appendix O) to the .name Registry
Agreement to revise the manner in which, and the conditions
under which, GNR provides public Whois data for .name. This
memorandum summarizes my analysis of GNR's request for an
amendment to the Whois provisions of the .name Registry
Agreement and recommends approval of that request.
 http://www.icann.org/minutes/report-gnr-whois-26nov02.htm

Domain name prices rising despite move to competition
A leading seller of website domain names says prices are
rising despite the impending introduction of a more
competitive industry structure.
 http://www.nzherald.co.nz/storydisplay.cfm?storyID=3006152

Risk of internet collapse rising
Simulated attacks on key internet hubs have shown how
vulnerable the worldwide network is to disruption by
disaster or terrorist action.
 http://news.bbc.co.uk/2/hi/technology/2514651.stm

http://www.washingtonpost.com/wp-dyn/articles/A45382-2002Nov27.html
 http://www.electricnews.net/news.html?code=8835140
 http://www.msnbc.com/news/839842.asp

Claims of more flaws in BIND challenged
Brazilian researchers claim they have found more
vulnerabilities in BIND, one implementation of the Domain
Name System (DNS) protocol, maintained by the Internet
Software Consortium.

http://www.smh.com.au/articles/2002/11/28/1038386243644.html

Attack targets .info domain system
An Internet attack flooded domain name manager UltraDNS
with a deluge of data late last week, causing
administrators to scramble to keep the servers that host
.info and other domains up and running.
 http://news.com.com/2100-1001-971178.html

ccTLDs STRIKE BACK?
In an official statement Nominet - the .uk domain name
authority - has called for "a significant rethink of
ICANN's mission and how it has interpreted its mission" and
has attacked ICANN's management of the IANA function.
 http://www.demys.net/news/02_nov_27_nominet.htm

UK lawyer to head ICANN’s IP constituency (reg req'd)
The intellectual property constituency of the Internet
Corporation for Assigned Names and Numbers (ICANN) has for
the first time appointed a president from outside the US.

http://www.legalmediagroup.com/default.asp?Page=1&SID=11532&CH=5&CN=&CountryName=&Type=News

World Legal Information Institute (WorldLII)
WorldLII provides a single search facility for databases
located on the following Legal Information Institutes: 
AustLII; BAILII; CanLII; HKLII; LII (Cornell); and PacLII.
 http://www.worldlii.org

WorldLII Generic Top Level Domain Name (gTLD) Decisions
This database contains decisions by panels appointed by
Dispute Resolution Service Providers under the Internet
Corporation for Assigned Names and Numbers (ICANN)'s
Uniform Domain-Name Dispute-Resolution Policy (UDRP). The
decisions concern disputes relating to domain names in the
.aero, .biz, .com, .coop, .info, .museum, .name, .net, and
.org top-level domains (otherwise known as the generic
top-level domains or gTLDs). 

The Dispute Resolution Service Providers whose panel
decisions are provided here are:
 * Asian Domain Name Dispute Resolution Centre (ADNDRC) 
 * National Arbitration Forum (NAF) 
 * World Intellectual Property Organization (WIPO)
 * Arbitration and Mediation Center 
 * CPR Institute for Dispute Resolution 
 * eResolutions (no longer accepting new proceedings since
30 November 2001) 
Decisions searchable by name or date.
 http://www.worldlii.org/int/cases/GENDND/

Attack targets .info domain system
The top-level domains of Ireland, Norway and nine other
countries were hit in an attack on the DNS provider of the
.org and .info domains.
 http://news.zdnet.co.uk/story/0,,t269-s2126521,00.html

WIPO Raising Fees For 3 Member Panels - from UDRP.net
Beginning Sunday, December 1, the cost of having a three
member UDRP panel with WIPO will increase. Fees for single
member panels remain the same. Read the WIPO Fee Schedule
here.
 http://arbiter.wipo.int/domains/fees/index.html

Harley-Davidson Revs Up Against Cybersquatting - from
UDRP.net
World famous motorcycle company Harley-Davidson recently
won four domain names through the UDRP against an Arizona
registrant who had offered the names for sale.
 http://www.arbforum.com/domains/decisions/126650.htm

Google Loses First Domain Round
Digi.no reports that American search engine Google lost the
first round in an ongoing battle over Google.no.
 http://grep.law.harvard.edu/article.pl?sid=02/11/25/086206

http://www.digi.no/dtno.nsf/pub/md20021125024203_hb_76359807
(Norwegian)

Singer wins internet porn links battle
French singer Patricia Kaas has won her case against a
Belize-based company whose Internet site bearing her name
had links to pornographic sites.
 http://www.stuff.co.nz/stuff/0,2106,2115399a1897,00.html

Emails from Open Your Mind Pty Ltd
auDA has become aware that a company called Open Your Mind
Pty Ltd (Open Your Mind) has sent an email to some domain
name registrants regarding the administration of Internet
Name Protection Pty Ltd trading as Internet Name Group
(subject to a Deed of Company Arrangement) (ING). 
 http://www.auda.org.au/about/news/2002112802.html

SOUTH AFRICAN GOVT "NEEDS COMPETENT DOMAIN ADMIN."
In an embarrassing development relating to its moves to
increase state control over the .za domain name space, the
South African Government invited nominations for the new
.za domain name authority to be sent by email to a domain
name which it did not own.
 http://www.demys.net/news/02_nov_25_za.htm

Falwell goes to court over parody Web site
A lawsuit filed by the Rev. Jerry Falwell against a parody
Web site should be dismissed because the Baptist minister
cannot disprove the site's claim that he is a false
prophet, lawyers argued Tuesday.

http://www.dailypress.com/news/local/virginia/dp-sou--falwell-website1126nov26,0,4860265.story

Mystery attacker swamps .info domain system
An internet attack flooded domain name manager UltraDNS
with a deluge of data late last week, causing
administrators to scramble to keep the servers that host
.info and other domains up and running. 

http://www.silicon.com/bin/bladerunner?30REQEVENT=&REQAUTH=21046&14001REQSUB=REQINT1=56554

EU domain shenanigans
Companies tout pre-registration for Euro domain before
registry appointed.

http://www.netmag.co.uk/news/default.asp?pagetypeid=2&articleid=11005&subsectionid=484

Naming rights and wrongs - the quest goes on
During the heyday of the tech boom, apparently serious
people paid money for the domain names AZWindshields.com,
Used-Pens.com and ItalianMilk.com. They then spent a small
fortune building these micro-businesses into even smaller
micro-businesses.

http://www.smh.com.au/articles/2002/11/25/1038173686021.html

WINDSOR.COM DOMAIN NAME DISPUTE BROUGHT IN BAD FAITH
A procedure under the Uniform Domain Name Dispute
Resolution Policy (UDRP) has concluded with the panellist
charging the Complainant with bringing the action in bad
faith - an action known as "reverse domain name hijacking".
 http://www.demys.net/news/02_nov_25_windsor.htm

BTopenworld denies plans to ditch domain
There's confusion about the future of BT's mass market ISP
after internal sources told customers that it has plans to
ditch its BTopenworld domain.
 http://www.theregister.co.uk/content/6/28271.html

Nominet takes legal action against domain seller DRS
UK domain registrar Nominet has issued proceedings for an
interim injunction for trademark infringement and passing
off against Domain Registrar Services (DRS), Scott Denny of
DRS, and UK-names.
 http://www.vnunet.com/News/1137097

Nominet investigated over scotched .scot.uk
The Office of Fair Trading has begun a formal investigation
following a complaint it received about the rejection by
Nominet of an application for the creation of a new Second
Level Domain (SLD), .scot.uk in June of 2001. Nominet
announced that while they will cooperate fully they reject
all allegations.

http://www.netmag.co.uk/news/default.asp?pagetypeid=2&articleid=11006&subsectionid=484

Nissan.com
The latest decision in the Nissan.com saga - a judgement
from the US District Court

http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/bb61c530eab0911c882567cf005ac6f9/f42f7900793f983088256c7600599fa1/$FILE/CV99-12980DDP.pdf

AOLlatino.com
US District Court judgement in the case America Online
Latino v AOL Time Warner

http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/02-10687.PDF

EFA expresses security concerns over ENUM
Electronic Frontiers Australia (EFA) has sent a submission
to the Australian Communications Authority (ACA) expressing
concerns that the ENUM protocol does not seem capable of
delivering adequate privacy protection for telephone users
and Internet users.

http://www.smh.com.au/articles/2002/11/27/1038274339086.html
+++++++++++++++++++++++++++++++

Check out http://www.auda.org.au/about/news for the latest
domain news. The domain name news is supported by auDA.

Also see
http://greta.electric.gen.nz/mailman/listinfo/internet-news
or http://www.alfa-redi.org/noticia for an archive or to
subscribe to the general news.

Sources include Quicklinks (www.qlinks.net), Moreover
(www.moreover.com) and BNA Internet Law News
(www.bna.com/ilaw)".


=====
David Goldstein
 email: Goldstein_David§yahoo.com.au
 phone: +61 418 228 605 - mobile; +61 2 9665 0015 - home

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