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

Avri Doria avri at acm.org
Sun Dec 19 19:37:06 UTC 2010


This is alternately called Intermediate Liability Protection which many of us believe is an essential component of most Internet Freedoms, and therefore something that needs to be protected.

Your use of barbiedolls.com issue should be handled under normal fraud statutes using due process and under UDRP etc...


On 19 Dec 2010, at 13:19, Bill Silverstein wrote:

> The 9th circuit has ruled that the section 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
> _______________________________________________
> At-Large mailing list
> At-Large at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/at-large
> At-Large Official Site: http://atlarge.icann.org

More information about the At-Large mailing list