Check out http://auda.org.au/domain-news/dn-news for
the latest domain news. By close of business 12/5, a
more recent edition of the news will normally have
been posted to the auDA web site. The domain name news
is supported by auDA.

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***************
RESEARCH PAPERS
***************
de: Domain-Name "www.rechtsanwaelte.de" Found to
Violate Competition Law (2001)
In a decision, rendered on 16 November 2000 and
recently published, the Landgericht of Munich
(Regional Civil Court) denied a law firm in Munich and
Berlin the right to hold the domain-name
"www.rechtsanwaelte.de", which, when translated, would
be "www.lawyers.com". After using it for some time to
offer their services, exclusively in the internet, not
on business cards or on their stationary, the lawyers
ceased to use the link but retained the rights to the
domain-name. While such a domain-name can be debated,
as either a clever or manipulative business move, the
Court's decision fails to provide an adequate and
ingenuous interpretation of the law.
 http://www.germanlawjournal.com/article.php?id=58

de: Paving The Way For Cyberlaw: Two FCJ Decisions On
Domain Names (2001)
In two recent decisions rendered by the First Senate
of the Bundesgerichtshof (BGH [Federal Court of
Justice]), the Country's highest Court in matters of
private law continued to mark out the path the law
governing cyberspace will take as it continues to
evolve.
 http://www.germanlawjournal.com/article.php?id=28

Trademarks in Cyberspace: The Pseudo-Abrogation of the
Territoriality Principle by Chad J. Doellinger
"The Internet represents a revolutionary advance in
communication technology.  It has been suggested that
the Internet may be the 'greatest innovation in speech
since the invention of the printing press[.]' It
allows people from all over the world to exchange
ideas and information freely and in 'real-time.'"1 
Thus, the Internet has eliminated all traditional
boundaries and borders.  Trademark law, on the other
hand, is based on the principle of territoriality.  In
other words, two companies can use the same mark in
geographically remote areas.  As Professor McCarthy
explains, "a trademark is recognized as having a
separate existence in each sovereign territory in
which it is registered or legally recognized as a
mark."
 http://jip.kentlaw.edu/nart/2003/A-1.htm

"Unauthorized Use of Another's Trademark on the
Internet"
Erlend Bakken addresses familiar questions in
trademark law as they relate to the Internet. However,
Bakken notes that these questions are difficult to
answer applying the old doctrines of trademark law,
and raise new questions. For example, is initial
interest confusion sufficient to find trademark
infringement when trademarks are used in metatags? To
what extent will the unauthorized use of a trademark
in the path of a URL be considered a "fair use" of the
trademark and therefore non-infringing? Can linking or
framing cause dilution of a trademark? Will paid
placement or keyed banner ads cause a likelihood of
consumer confusion? Bakken notes that courts find
themselves redefining the boundaries of the Lanham
Act, and concludes that, with the basic objectives of
trademark law in mind, it is unclear where these
boundaries should be set.

http://www.lawtechjournal.com/articles/2003/03_030629_bakken.php

The Clear and Present Internet: Terrorism, Cyberspace,
and the First Amendment by Peter Margulies [UCLA
Journal of Law and Technology]
 The article is in six Parts. Part I discusses the
history of new media, newcomers, and the First
Amendment. Part II discusses the development by courts
and commentators of cautionary and celebratory
perspectives on Internet Exceptionalism. Part III
analyzes the Internet’s implications for terrorist
organizations and government policy after September
11, and discusses the perils of both over- and
under-regulation of the Internet. Part IV presents the
participant-centered view as an alternative to
Internet Exceptionalism’s over- or under-regulation.
Part V applies the model to specific examples,
including the prohibition of Internet-based “material
support” to terrorist organizations and conspiracies,
the publication on the Web of terrorist manuals or
dangerous scientific processes, and the use of the
Internet to circulate “true threats” against groups
such as abortion providers. Part VI considers
alternatives to the participant-centered model.

http://www.lawtechjournal.com/articles/2004/04_041207_margulies.php

************
DOMAIN NAMES
************
Check out our domain name: .eu is now in the internet
root: Launch of .eu will start before the end of 2005
Today, another milestone was reached in the creation
of .eu. Following agreement with ICANN in March, the
.eu top level domain has now been put in the internet
root and, as our email address and web site
demonstrate, it works!
 http://www.eurid.eu/news/archive/doteuintheroot

nic.ar
I've been informed that the .ar registry has now
decided, for the first time, that their domains need
to be renewed. Until now, once you managed to get it
registered that was it - it was yours forever. Domain
holders have until 1 June from what I can work out
from their website to renew their domains. For more
information, in Spanish, see:
 http://www.nic.ar

Europe annexes Caribbean islands
You often hear it said that the Internet is redrawing
the map of the world, but little did any of us know
that was a literal truth. Because - at least according
to Internet overseer ICANN - 20,000 square miles of
Caribbean water and land has been lifted intact,
transported 5000 miles east and deposited in the heart
of Europe.

http://www.theregister.co.uk/2005/05/06/icann_redraws_world_map/

Phishers turn DNS against authorities
Phishing scammers are cleverly abusing automated
"bots" by targeting DNS servers, security experts have
warned. The new technique makes it significantly
harder to shut down phishing sites.

http://www.techworld.com/opsys/news/index.cfm?NewsID=3609

http://computerworld.co.nz/news.nsf/UNID/A34AFA047F250E3DCC256FF80079A7E7

ICANN vs. VeriSign: What's Not to Hate?
Take a moment and try to think of a few governments
throughout history that have been truly excellent,
that have epitomized the best in leadership. It's a
difficult exercise; the word "government" doesn't
often bring a smile to our faces. But give it a try.
Maybe an argument could be made for Churchill's
Britain or Lincoln's America. Maybe you think of
Charlemagne.

http://www.byte.com/documents/s=9121/byt1079131388298/0315_cochran.html

ICANN Strategic Plan: Welcome to the information area
for the Strategic Plan
At ICANN's meetings in April 2005 in Mar del Plata,
Argentina, the ICANN community participated in three
public workshops on strategic and operational
planning. Based on feedback from those workshops,
staff has produced a revised version of the strategic
plan (v7.3) for community review and comment. At its
meeting on 3 May 2005, ICANN's Board directed that the
revised strategic plan be posted for public comments.
The comment period will be open until 13 May 2005 at
23:59 UTC. At ICANN's next meetings (in Luxembourg in
July 2005), the ICANN community will be invited to
participate in the development of the next round of
ICANN's planning process for July 2006 - June 2010.
 http://icann.org/strategic-plan/strategic-plan.html

us: Country Store, 'squatter' settle
The Vermont Country Store has settled a lawsuit with a
Las Vegas man it accused of being a "cybersquatter"
because he operated Web sites with names similar to
its own.

http://www.rutlandherald.com/apps/pbcs.dll/article?AID=/20050505/NEWS/505050380/1003

ae: Etisalat deploys core Internet element to enhance
Internet performance throughout region
Etisalat today announced yet another initiative, which
will significantly improve Internet stability and
performance within UAE as well as across the whole
region.
 http://www.ameinfo.com/59184.html

Google goes down
The search giant's global properties were down for
fifteen minutes over the weekend, with DNS errors to
blame, according to a company spokesman

http://news.zdnet.co.uk/internet/0,39020369,39197757,00.htm

http://news.com.com/Google+experiences+brief+outage/2100-1038_3-5699450.html

More internet users registering domain names for
e-mail only
Though many people who purchase domain names do so
with the intent of putting up a website, more and more
internet users purchase domain names and hosting
services with the solely to have their own e-mail
domain.
 http://www.newstarget.com/007391.html

Domain names make Internet personable
Not everyone wants to maintain a Web site. It can, of
course, be fun to do so. You can put photos of your
dog on the Web for the world to see. You can dedicate
a site to your favorite hobby or rock band. You can
even start a blog and share your thoughts on the
issues of the day.

http://nsnlb.us.publicus.com/apps/pbcs.dll/article?AID=/20050508/BUSINESS01/105080065/-1/business

ICANN Sticks Up for Trademark Holders
Did you ever wonder what happens to those domains,
like [BigCompanyname]sucks.com, that some guy
registers to criticize BigCompany? Turns out there's a
procedure for these things.

http://news.yahoo.com/news?tmpl=story&u=/zd/20050505/tc_zd/151367

*****************
WSIS & GOVERNANCE
*****************
WIPO Online Forum on Intellectual Property in the
Information Society
The World Intellectual Property Organization (WIPO)
will host an Online Forum on Intellectual Property in
the Information Society from June 1 to 15, 2005.
 http://wipo.int/ipisforum/en

uk: The Struggle over Internet Governance: Searching
for Common Ground Open Public Lecture: 5/5/05
An invited group of international experts with
differing perspectives on Internet research, policy
and practice, including the Chairman and Secretariat
of the United Nation's recently created Working Group
on Internet Governance (WGIG), will be invited to
contribute to this OII—Berkman Center forum. The aim
is to help inform negotiations and debates shaping the
future governance, regulation and use of the Internet.
The event will start in the late afternoon of 5th May
with a panel discussion, followed by a reception.
Invited participants will convene on 6th May for a
day-long roundtable discussion, which will be followed
by a closing dinner.

http://www.oii.ox.ac.uk/collaboration/?rq=specialevents/20050505

European Union listening more to Civil Society: Draft
Parliament Report on WSIS, Consultations on Internet
Governance promising
The European Union is listening more closely to civil
society organizations than it used to. The EU’s “High
Level Group on Internet Governance” will hold an open
consultation with civil society on 24th May, and a new
draft report from the European Parliament is
recommending “to strengthen the involvement of
European civil society in the build-up of the Tunis
summit.”
 http://worldsummit2005.de/en/web/744.htm

Association for Progressive Communications (APC) Job
Announcement: Latin American and Caribbean ICT Policy
Monitor Content and Information Facilitator
JOB SUMMARY: Working both with the Association for
Progressive Communications (APC) member organizations
in the region, as well as with other groups and
experts in the information and communications
technology (ICT) policy arena, the Content and
Information Facilitator will lead the Latin American
and the Caribbean (LAC) ICT Policy Monitor's website,
content development and information dissemination. 
Currently, this is a half-time position for 6 months.
Depending on the availability of funds, and outcomes
of performance assessments, the contract will be
extended for 1 year. This job is part of the ICT
Policy Monitor project, which is a core component of
the APC's Communication and Information Policy
Programme.  The Content and Information Facilitator
must have exemplary editorial and content skills.
These skills are essential to making the LAC ICT
Policy Monitor website a compelling jumping off point
which reflects the ICT policy context and issues.
 http://www.apc.org/english/news/index.shtml?x=32611
 http://www.apc.org/espanol/news/index.shtml?x=32605

+++++++++++++++++++++++++++++++

Sources include Quicklinks <http://qlinks.net/> and
BNA Internet Law News <http://www.bna.com/ilaw/>.

+++++++++++++++++++++++++++++++

(c) David Goldstein 2005

David Goldstein
 address: 2/4 Dundas Street
             COOGEE NSW 2034
             AUSTRALIA
 email: Goldstein_David&#167;yahoo.com.au
 phone: +61 418 228 605 - mobile; +61 2 9665 0015 - home

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