In Web disputes, U.S. law rules the world Few Internet law issues generate more controversy than concerns surrounding Internet jurisdiction. In recent months, courts in both Australia and the United States have grappled with the issue in high-profile cases. http://www.torontostar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1035778088598&call_pageid=968350072197&col=969048863851 Nominum Survey of DNS Infrastructure for ccTLDs http://www.itu.int/itudoc/itu-t/workshop/cctld/cctld046.pdf Method of Resolution in Domain Name Case Not True Arbitration An arbitration panel's decision in a dispute over the rights to an Internet domain name is not entitled to "extremely deferential" review in the federal courts because such proceedings do not fall under the Federal Arbitration Act, the 3rd U.S. Circuit Court of Appeals has ruled. http://www.law.com/jsp/article.jsp?id=1045754124197 http://caselaw.findlaw.com/data2/circs/3rd/013713p.pdf At-Large Advisory Committee Announces Delegates to ICANN's Nominating Committee, Appointments to ALAC Posts ICANN's Interim At-Large Advisory Committee (ALAC) today announced that it selected five volunteers from five different regions of the world to serve as members of the Nominating Committee, the new committee that will select a majority of ICANN's new Board of Directors as well as individuals to serve in other key positions. The ALAC also announced the appointment of its members to internal and liaison positions, including Vittorio Bertola as ALAC Chair. http://www.icann.org/announcements/announcement-19feb03.htm http://www.icannwatch.org/article.pl?sid=03/02/20/1323220 Registry Monthly Reports Now Available on ICANN Website Under its agreements with operators and sponsors of generic top-level domains (.aero, .biz, .com, .coop, .info, .museum, .name, .net, and .org), ICANN receives monthly reports covering registration activity, registrar volumes, technical performance, and growth trends. For some time, ICANN has been preparing the reports it has accumulated for posting, with the goal of making this information available to the community after confidentiality restrictions expire. As a first stage of this project, fifty of the reports have now been posted on the ICANN web site, indexed from the web page at <http://www.icann.org/tlds/monthly-reports/>. http://www.icann.org/announcements/announcement-21feb03.htm Proposed Clarifications, Corrections, and Modifications to New Bylaws On 8 February 2003, the Evolution and Reform Committee posted proposed clarifications, technical corrections, and minor modifications to the New Bylaws that went into effect on 15 December 2002. In making its proposal, the Evolution and Reform Committee invited comments on the proposed changes. Several comments were received at the Committee's e-mail address for comments and otherwise. (Submissions to the e-mail address have been publicly archived.) Based on the comments received, the Committee has modified its proposal for changes in two respects: http://www.icann.org/committees/evol-reform/proposed-bylaws-corrections-23feb03.htm Abril i Abril on ICANN's board ICANN boardmember Amadeu Abril i Abril has written an explanation of "WHY I AM NOT RUNNING" for a new board term. When you set aside his de rigeur remarks about "conspiracies" -- a sine qua non when ICANN insiders acknowledge criticism of the organization -- his reasoning lends much credence to many of the basic critiques of ICANN. http://www.icannwatch.org/article.pl?sid=03/02/22/2246216 http://www.dnso.org/clubpublic/council/Arc12/msg00087.html IDN TF Taipei Agenda ccTLD Workshop on IDN Activities http://www.wwtld.org/meetings/IDN_Taipei/agenda.htm Sex.com: Internet Will Not be Crippled Sex.com Monday scoffed at VeriSign's claims that the Internet is so unstable that the appellate court victory by Sex.com in its lawsuit against the registrar "would cripple the Internet and jeopardize the national economic benefit for e-commerce." http://www.internetnews.com/xSP/article.php/1594541 AFNIC Sees Problems With Internationalised Domain Names AFNIC (Association Française pour le Nommage Internet en Coopération), the French Internet Naming Association, has published some initial comments on the forthcoming introduction of internationalised domain names (IDNs), forecasting issues of importance to intellectual property guardians or domain name portfolio managers. http://www.demys.net/news/2003/02/20_af.htm http://www.nic.fr/nouvelles/2003/IDN.html (French) Got a Feeling Inside - ICANN Explain Many people feel that ICANN's domain name selection process was an inside job that undermined the idea of democracy on the Internet. http://www.ecommercetimes.com/perl/story/7408.html Re-Registered Domains Not "Abusive Registrations" Zara Holdings Limited - former registrants of a desirable three letter .co.uk domain - have lost a domain name dispute under Nominet's Dispute Resolution Service. The action was brought after Zara did not renew their name allowing it to be re-registered by a domain speculator. http://www.demys.net/news/2003/02/18_za.htm Top-Level Domain Names Not Only for Dutch The registration of domain names in the '.nl' top-level domain is carried out by the Foundation for Internet Domain Registration (SIDN) in the Netherlands. These domain names may only be registered with the SIDN through its participants, which are mainly internet service providers. http://www.internationallawoffice.com/Ld.cfm?i=47867&Newsletters__Ref=6226 Barcelona.com Hearing Update - from UDRPlaw.net http://www.udrplaw.net On Friday, the Fourth Circuit Court of Appeals will hear oral arguments in the landmark Barcelona.com case. The case will determine whether the District Court for the Eastern District of Virginia erred when it ruled in favor of the City of Barcelona in enforcing its Spanish trademarks against the registrant of a .com domain name identical to the City's name. In 2000, the City prevailed in a WIPO decision against Juan Nogueras, the registrant of Barcelona.com. The WIPO decision has been frequently criticized because the UDRP does not provide for special protection to geographic entities, such as cities and municipalities, and few other UDRP decisions involving city names have been issued the same way. More will be published on this important case this week. When a decision is released by the Fourth Circuit (probably sometime later this year), it will be posted on this site. Turkmenistan Opens Up .tm Domain - UDRPlaw.net http://www.udrplaw.net/ Turkmenistan has opened up its .tm country code to domain name registration on a first-come, first-served basis. Nic.tm has also adopted the UDRP and appointed WIPO to administer its domain name disputes. http://nic.tm/PR/reopening.pdf WIPO decision - Playboy Enterprises International, Inc. v. Domain Active Pty Limited Found domain names are 'confusingly similar', websites contained 'content devoted to the Playboy lifestyle' and domain names were registered in bad faith. http://arbiter.wipo.int/domains/decisions/html/2002/d2002-1156.html WIPO decision - Su Hardy v. Lou Crawford 1) that the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and 2) that the Respondent has no rights or legitimate interests in respect of the domain name; and 3) that the domain name has been registered and is being used in bad faith. http://arbiter.wipo.int/domains/decisions/html/2002/d2002-1123.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)". http://mobile.yahoo.com.au - Yahoo! Mobile - Exchange IMs with Messenger friends on your Telstra or Vodafone mobile phone.Received on Fri Oct 03 2003 - 00:00:00 UTC
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