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    This discussion has been archived.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, @12:43PM (#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 Anonymous on Tuesday December 24 2002, @12:52PM (#10694)
    I tend to believe Davies. If one goes to afilias.info and do a whois lookup on florida.info, one sees that he is in fact listed as the registrant without any tm information present.

    [ Reply to This | Parent ]
    Re: Did Jeff Davies find a legal loophole?
    by Anonymous on Tuesday December 24 2002, @10:46PM (#10702)
    So what, didn't Afilias challenge without any trademarks? Where is that in the ICANN agreement cited or is that after the fact as well?
    [ Reply to This | Parent ]
    Re: Did Jeff Davies find a legal @##hole?
    by Anonymous on Wednesday December 25 2002, @07:27PM (#10716)
    Another @filiasgate must be discouraged from occurring in the future.
    [ Reply to This | Parent ]
    Re: Did Jeff Davies find a legal loophole?
    by Anonymous on Sunday December 29 2002, @06:45PM (#10765)
    A little sworn testimony on the stand by ranking govt. officials could pay handsome dividends. Even if, as expected, they endorse trademark protection, they can't endorse slipshod business practices if any were brought to light... and they wouldn't want to be portrayed as ineffective if they took no action in their own fief. Raises too many questions. Don't neglect that FOI request.
    [ Reply to This | Parent ]
    The Sunrise Events - from INSIDE Afilias
    by Anonymous on Saturday January 04 2003, @07:13AM (#10858)

    I received this e-mail from a member of the Afilias team who had become concerned at the way .info was being run and what the public did not know. It is a very reliable source which I can entirely corroborate, but equally as an Afilias insider this person needs protection of their privacy. I'm posting it verbatim (the authority for the comments is the person who made them, and not me). I have good reason to trust this person, and they know in detail the planning and events leading up to the Afilias Sunrise:

    The e-mail:

    "Very privately, you should know that Moshe Fogel acted as interim CEO during the set up of Afilias. He acted in that capacity until an outside
    CEO was hired. However, the new CEO did not work out and Hal volunteered to take his place *temporarily* : Moshe sat in on Policy discussions, it was expected that he would convey the rules for Sunrise to Liberty and that Liberty would put in the necessary sanity checks to have minimized the
    incidence of fraudulent Sunrise registrations. I believe you will find that Moshe made questionable registrations during Sunrise, that his company
    made many, and the other Afilias Accredited Registrar in Israel made still more. Do keep your source to yourself, please."

    Why were "sanity" checks (to prevent obviously ineligible Sunrise applications) not implemented? Did companies associated with Afilias benefit as a result of this failure to communicate adequate safeguards?

    I'm not aware of questionable registrations made for himself by Moshe Fogel in the Sunrise period, although I have drawn attention to ineligible applications (with 43 identical fake TMs) made by Galcomm in the Sunrise.

    I'm not clear which other Israel registrar is being alluded to.

    What I find concerning is that Afilias appear to have been aware of the need for sanity checks to root out clearly ineligible applications, but it appears that these sanity checks were never put in place.

    I'm also left wondering why the person who as going to be CEO of Afilias quit suddenly, almost as soon as he'd arrived...

    Would YOU have wanted to be CEO of a company operating in the way Afilias have operated?

    Richard Henderson

    [ Reply to This | Parent ]

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