ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

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


     
    Lawsuits and Judicial Decisions Falwell transcends Virginia jurisdiction
    posted by tbyfield on Wednesday March 05 2003, @02:22PM

    C|Net reports that U.S. District Judge Norman K. Moon dismissed Jerry Falwell's effort to take control of two domains, jerryfalwell.com and jerryfallwell.com, on the grounds that his court doesn't have jurisdiction. The registrant of the domains, Gary Cohn, lives in Illinois.



    The ruling is good news for Cohn and his legal representation, Public Citizen, though not as good as it could have been, because their argument was twofold: first, that Cohn's activities are protected as free speech, and second, that the Virginia court didn't have jursidiction.

    Falwell initially filed a UDRP action with WIPO, but the three-person panel ruled against him (ruling here).

    For background, see the interesting exchange between Dan Hunter and ICANN Watch's own Michael Froomkin on (silent IW "editor" Dave Farber's "Interesting People" list: Hunter here and Froomkin here.

     
      ICANNWatch Login  
    Nickname:

    Password:

    [ Don't have an account yet? Please create one. It's not required, but as a registered user you can customize the site, post comments with your name, and accumulate reputation points ("karma") that will make your comments more visible. ]

     
      Related Links  
  • UDRP
  • Michael Froomkin
  • ICANN
  • Public Citizen
  • here
  • here
  • here
  • reports
  • More on Lawsuits and Judicial Decisions
  • Also by tbyfield
  •  
    This discussion has been archived. No new comments can be posted.
    Falwell transcends Virginia jurisdiction | Log in/Create an Account | Top | 2 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    If Jerry Falwell had a brain ...
    by dmehus on Wednesday March 05 2003, @04:02PM (#11270)
    User #3626 Info | http://doug.mehus.info/
    If Jerry Falwell had a brain, he would have filed a Complaint with the World Intellectual Property Organization ("WIPO") [wipo.int], and most certainly would have won. The arbitration would have ruled the Registrant, Gary Cohn, registered the domain names in bad faith because his name is not Jerry Falwell. Instead though, the real Jerry Falwell did the stupid thing and tried to go to state court first. I am not a lawyer, but it doesn't take a lawyer to realize that a state court would have no jurisdiction over a domain name registered by someone in a separate state!Doug Mehus http://doug.mehus.info/ [mehus.info]
    [ Reply to This | Parent ]


    Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com