[DNS] Time fortherulestochangeregardingtransferringdomainnamelicences

[DNS] Time fortherulestochangeregardingtransferringdomainnamelicences

From: Ian Johnston <ian.johnston§infobrokers.com.au>
Date: Mon, 26 Sep 2005 13:31:14 +1000
> ... but cybersquatting has decreased due to other measures.

The US Anticybersquatting Consumer Protection Act makes it a civil offence
for a person to seek to profit in bad faith from another's trade mark,
including a personal name protected as a trade mark, by registering,
trafficking in or using a domain name that is identical or confusingly
similar to a trade mark (1).

See US Anticybersquatting Consumer Protection Act (1999)
Sec. 3001. Short Title; References
Sec. 3002. Cyberpiracy Prevention
Sec. 3003. Damages and Remedies
Sec. 3004. Limitation on Liability
Sec. 3005. Definitions
Sec. 3006. Study on Abusive Domain Name Registrations Involving Personal
Sec. 3007. Historic Preservation
Sec. 3008. Savings Clause
Sec. 3009. Technical and Conforming Amendments
Sec. 3010. Effective Date

Ian Johnston

Note (1): Omond, James, Exploring the legal implications of ecommerce to
minimise liability risk, Presentation to Marcus Evans' Conference: Risk
eBusiness - Developing a Successful eBusiness Risk Management Strategy,
Deputy General Counsel, Australia, Southcorp Limited, 9 February 2001

> -----Original Message-----
> From: dns-bounces+ian.johnston=infobrokers.com.au&#167;dotau.org
> [mailto:dns-bounces+ian.johnston=infobrokers.com.au&#167;dotau.org]
> On Behalf Of Bruce Tonkin
> Sent: Monday, 26 September 2005 12:23 PM
> To: .au DNS Discussion List
> Subject: Re: [DNS] Time
> fortherulestochangeregardingtransferringdomainnamelicences
> >
> > One of the problems Vic, is that the two have always gone
> > hand in hand with past experience.
> >
> I am not sure that is true.
> I don't think .com ever had restrictions on transferring licences, so
> the implication that allowing a secondary market caused cybersquatting
> is wrong.
> I think what really happened is that people perceived the value of
> domain names in both the primary and secondary market - and subsequently
> cybersquatting arose.    The value of domains has been steadily
> increasing by the way - but cybersquatting has decreased due to other
> measures.
> One of the issues with cybersquatting in the gtld space - is the lack of
> any eligibility checks at the time of the initial registration.  While
> there are dispute resolution processes (and specific laws in some
> countries) it is often expensive to identify the person that performed
> the primary (or secondary) market registration.
> Transferring licences is permissible in the .co.nz market - and this
> does not seem to be particularly subject to cybersquatting.
> Regards,
> Bruce
> ------------------------------------------------------------------
> ---------
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Received on Mon Sep 26 2005 - 03:31:14 UTC

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