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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    New gTLDs Did Jeff Davies find a legal loophole?
    posted by michael on Tuesday December 24 2002, @09:49AM

    Anonymous writes "According to this post on the Icann public comments forum, Jeff Davies claims he found a legal loophole that allowed him to claim numerous domains during the .info challenge process. He also claims to have prevailed in a series of trials against Afilias. --Anion"

    [Editor's note: for a related web site, see this ICANN lawsuit site.-mf]

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    This discussion has been archived. No new comments can be posted.
    Did Jeff Davies find a legal loophole? | Log in/Create an Account | Top | 143 comments | Search Discussion
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    Re: Did Jeff Davies find a legal loophole?
    by dtobias (dan@tobias.name) on Tuesday December 24 2002, @11:43AM (#10693)
    User #2967 Info | http://domains.dan.info/
    I saw that post, and also replied... I cited this ICANN agreement as evidence that ICANN and Afilias had agreed in advance to require a valid trademark to be held by any sunrise challenger who wishes the domain transferred rather than cancelled, and subjected false trademark claims in this phase to further challenge just like false claims in the sunrise.

    Davies responded that no such thing was in any agreement he made with WIPO or with the registrar he dealt with afterward, in filing the challenge and in registering the domains after winning it, and when they later attempted to add such a clause it was illegal because this was modified after the fact.

    If this is actually the case, then clearly somebody (the registrars and/or Afilias and/or WIPO) violated the terms of the ICANN/Afilias agreement with regard to the sunrise challenge rules.

    However, I'd like to see an actual copy of the court decisions in question before I believe him on it.
    [ Reply to This | Parent ]
    Re: Did Jeff Davies find a legal loophole?
    by Richard_Henderson on Wednesday December 25 2002, @03:56PM (#10714)
    User #3269 Info | http://www.atlarge.org/

    Read the rest of this comment...

    [ Reply to This | Parent ]
    by WIPOorgUK on Saturday December 28 2002, @07:40AM (#10754)
    User #3146 Info | http://wipo.org.uk/

    Read the rest of this comment...

    [ Reply to This | Parent ]
    Basic difference
    by WIPOorgUK on Monday December 30 2002, @09:35PM (#10777)
    User #3146 Info | http://wipo.org.uk/
    The main basic difference between "conspiracy to commit" and "aid and abet" is:

    "while an agreement is an essential element of the crime of conspiracy, aid sufficient for accomplice liability may be given without any agreement between the parties."

    W. LaFave & A. Scott, Substantive Criminal Law, § 6.8 at 156-57 (1986).

    Those that aid and abet are punishable as principal lawbreaker.

    I believe it can be proven that the United States Department of Commerce, through their agents (ICANN), did knowingly aid and abet corporations to break Trademark and Competition Law - also abridge words people can use, so violating First Amendment.
    [ Reply to This | Parent ]
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