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Old 12-17-2006   #26
Hell Puppy
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Default Re: DirectNics legal rights in relation to its recent actions

Quote:
Originally Posted by Peaches View Post
However, as Slavick has pointed out (and I trust Slavick on domain laws more than I do pretty much anyone else), your domains are NOT your property in many states.

California is one where they are. Ergo that's where sex.com was referenced as property. Slavick mentioned in Virginia, they are not. On another board, in another post, KK mentioned AOL winning an award against a company and was considering taking their domains in lieu of settlement payment. The company paid.

ALSO on another board, it was shown where Shaw Cable, out of Canada, got Tucows to shut down one of Brad Shaw's domains. No CP - just that they were involved in a trademark/copyright infridgment case. Brad won - the site was taken down BEFORE any judges made a ruling.

Everything is case by case.
The ICANN and WIPO process for settling copyright infringement cases is an example of a good due independent due process. I think Shaw's case actually pre-dated that. But we ALL live under those rules including all of the registrars.

I hate kiddie porn and the black eye it gives all of us. And although on one hand I respect Directnic for taking a stand, I am a bit uneasy with how heavy handed it was with no due process or independent corroboration.
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