domain name news - 30 April

au: Guilty verdict for AU domain name scammers
Domain Names Australia Pty Ltd (DNA) and its director
Chesley Paul Rafferty have been found guilty by the Federal
Court of breaching the Trade Practices Act, following the
company's re-registration mailout scam in 2003.

http://www.zdnet.com.au/news/security/0,2000061744,39146131,00.htm

au: ACCC orders Domain Names ban
The director of an internet company who has been banned
from distributing letters selling internet domain names
says he will appeal the ruling.

http://news.com.au/common/story_page/0,4057,9413437%255E15306,00.html

http://australianit.news.com.au/articles/0,7204,9413437%5E15336%5E%5Enbv%5E15306-15316,00.html

au: Company banned from providing misleading domain names
A domain name vendor and its sole director have been banned
by the Federal Court from providing misleading web domain
names.
 http://smh.com.au/articles/2004/04/28/1083103514769.html

au: Court stymies domain name peddlers
An Australian federal court has barred entrepreneur Chesley
Rafferty and his company from providing misleading web
domain names.

http://www.nzherald.co.nz/latestnewsstory.cfm?storyID=3563220

EC tells Europe and ICANN to make peace
The ever-present issue of who gets to run the Internet is
coming to a head and the European Commission has made it
clear it wants the arguments sorted out sooner rather than
later.

http://www.theregister.co.uk/2004/04/28/ec_icann_warning_shot/

uk: Firms warned over net name scam
Small businesses are being warned about a scam in which
firms are asked to pay to register domain names.
 http://news.bbc.co.uk/2/hi/business/3666735.stm

uk: Local businesses falling for domain-name scams
Scammers trying to con money for domain names are targeting
businesses, the Office of Fair Trading warned today.

http://management.silicon.com/itdirector/0,39024673,39120314,00.htm
 http://www.4ni.co.uk/nationalnews.asp?id=28481

http://www.creditman.biz/uk/members/news-view.asp?newsviewID=3249&id=1&mylocation=News&chksrc=NNow4251

http://www.theregister.co.uk/2004/04/28/domain_name_cowboys

http://www.out-law.com/php/page.php?page_id=oftwarnsagainstdo1083237629

us: Solutions To Informedia Domain Name Loss
Realty Times has tried to find ways to help Realtors who
bought Websites with Informedia Group, Inc. and found the
company registered their domain names to the company
instead of to the agents. When the company went out of
business, and founder Alan Isabelle went into hiding,
numerous agents found their Websites go dark and had no way
to get the domain names transferred to new hosts.
 http://realtytimes.com/rtapages/20040428_informedia.htm

Pat Benatar fan keeps domain name
A fan of Pat Benatar has successfully defended a domain
name action brought by the management company of the 80s
rocker. The panel found that the fan's interest was
non-commercial, and that nothing he said was disparaging of
Benatar.

http://www.out-law.com/php/page.php?page_id=patbenatarfankeep1082973331

The complicated world of ICANN – part one - Internet & ICTs
for Social Justice and Development News
>From March 2 to 6, the Council of the Internet Corporation
for Assigned Names and Numbers (ICANN), met in Rome with
the different committees of the so-called support
organisations. It was the largest meeting to date, with
more than 600 delegates from dozens of countries, meeting
in over 27 fora.
 http://www.apc.org/english/news/index.shtml?x=18723

Global Forum on Internet Governance: Not everyone agrees on
what is broken nor on what fixing might involve
A global forum on internet governance organised under the
auspices of the United Nations Information and
Communication Technologies Task Force (UNICTTF) was held at
the UN Headquarters in New York, March 25-27, to bring
together leading actors and all relevant stakeholders,
including Member States, civil society and the private
sector, interested in internet governance issues. APC was
involved in planning the forum in its capacity as
coordinator of the UNICTTF working group on ICT policy.
 http://www.apc.org/english/news/index.shtml?x=18720

cn: Will the World's Most Populous Nation Become a Premier
Market for Domains?
An in-depth look into the Chinese Domain Name market
 http://www.dnjournal.com/columns/china.htm

us: Reichert aide buys up sites like lukeesser.org as
campaign joke
When state Sen. Luke Esser was setting up his congressional
campaign Web site, his staff was curious to learn that
several Web addresses with his name were already taken.

http://seattletimes.nwsource.com/html/localnews/2001915343_web29e.html

Non-Commercial Website Domain Names Using Trademarks
There are now several different courts of appeals that have
upheld the right of individuals to post a non-commercial
website using the domain name www.company.com, and there
are as yet NO appellate decisions that forbid such websites
outside the context of the serial cybersquatter who tries
to erect a so-called gripe site as a CYA measure after
being sued. In fact, it seems to me that we are getting
close to the point where companies that sue over such
websites have to consider seriously the possibility that
they will not only lose the suit, but face a malicious
prosecution action or other counter-measure from the
consumer critic seeking damages for having been sued.
 http://www.circleid.com/article/577_0_1_0_C/

Online Dispute Resolution-The Emperor's New Clothes?
Benefits and Pitfalls of Online Dispute Resolution and its
Application to Commercial Arbitration by Julia Hörnle, IT
Law Unit, CCLS,
The question this paper addresses is how can IT support the
resolution of disputes through arbitration and mediation.
The first and second parts will examine the benefits of
Online Dispute Resolution, some of the pitfalls it may
present and how these can be avoided. The third part will
then look at one of the more formidable obstacles- the
issue of security of communications. The fourth part will
examine the use of Online Dispute Resolution in one
particular sector, its use by the traditional arbitral
institutions. Much has been written about the application
of Online Dispute Resolution in other areas than commercial
arbitration, such as consumer e-commerce and domain name
disputes, where its use has been on the whole successful.
Arbitration being a fact-finding and decision making
process seems ideally suited to IT. It is therefore
interesting to see to what extent Online Dispute Resolution
is used in practice. The conclusion from this examination
is that, although some IT is being used and increasingly
so, this is still a developing field. This paper will
conclude by discussing the reasons for this relatively slow
take-up of Online Dispute Resolution in the field of
commercial arbitration and by speculating about future
developments in this area.

http://www.cbeji.com.br/br/novidades/artigos/index.asp?id=2703
 http://www.bileta.ac.uk/02papers/hornle.html

New Mediator Capabilities in Online Dispute Resolution by
Colin Rule
This article focuses on some of the possibilities ODR opens
up to mediators and arbitrators, and how these capabilities
might fundamentally affect the dispute resolution process.

http://www.cbeji.com.br/br/novidades/artigos/index.asp?id=2701
 http://www.mediate.com/articles/rule.cfm

Valuing Domain Names: A Monograph By DomainMart
DomainMart has published a monograph on domain-name
valuation. It outlines the strength and limitations of
various approaches to valuing domain names. It also
describes the statistical model used for their Appraisal
Report.
 http://www.emediawire.com/releases/2004/4/emw121708.htm
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Sources include Quicklinks (www.qlinks.net) and BNA
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