[At-Large] 9th Circuit Court ruling on ICANN Contract.

[Bill Silverstein]

The 9th circuit has ruled that the section 3.7.7.3 of the
registrar/registrant contract has no meaning. This is a result of the no
third party beneficiary provision of section 5.10 of the contract.

This not only eliminates the issue for spam liability, but the issue for
copyright or trademark infringement. Under the 9th circuit interpretation,
I can use domains by proxy to hide my identity when I register and profit
from barbiedoll.com to host pirated movies, despite being provided this
evidence, that Domains has no requirement to disclose this information.


http://www.scribd.com/doc/45487838/Balsam-v-Tucows-No-09-17625-9th-Cir-Dec-16-2010