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    New gTLDs .biz Injunction Ends
    posted by michael on Wednesday October 24 2001, @04:32PM

    The ICANN Blog reports this evening that the court dissolved the injunction in the Smiley case because the other parties who had joined the case couldn't come up with their $800,000 bond; under the judge's earlier order the Smiley team (which did post its original $800,000 bond on schedule) had until today to come up with a second $800,000 bond to make up the difference. Since they couldn't, or wouldn't, the injunction dissolves and all frozen .biz names can go live. The case continues as a damages action.


     
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    This discussion has been archived. No new comments can be posted.
    .biz Injunction Ends | Log in/Create an Account | Top | 22 comments | Search Discussion
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    Not a criminal action
    by michael (froomkin@lawUNSPAM.tm) on Thursday October 25 2001, @02:50AM (#3153)
    User #4 Info | http://www.discourse.net/
    No. With trivial, vestigial, exceptions that do not apply here, individuals cannot launch a criminal action in the US, only the national, state, and local governments can. Many statutes are however 'dual use' in that they provide for civil actions by individuals and/or criminal (and sometimes both criminal and civil) charges by the government. This suit being based on California law, I don't know how great the similarities might be.

    The standard of proof is higher in criminal cases even when the facts required to be proved are the same. Hence victory in a civil suit does not inevitably mean victory was possible, or would be certain, in criminal suit. Furthermore, as a matter of prosecutorial discretion, the state is not obligated to prosecute every seeming crime.

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