Date: Mon, 24 Nov 2003 01:42:36 +0100 (CET) From: "Cordula's Web" <cpghost@cordula.ws> To: pvandenbergen@swin.edu.au, freebsd-questions@freebsd.org Subject: Re: while I have your attention... Names, copyright and IPv6 Message-ID: <200311240042.hAO0gahQ031530@fw.farid-hajji.net> In-Reply-To: message from Cordula's Web on 24 Nov 2003 01:15:28 %2B0100 References: <200311241051.00411.pvandenbergen@swin.edu.au>
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> > microsoft.bergen.org > > SCO.bergen.org > > Sun.bergen.org > > Question3) > > surely I'm breaking copyright or trademark laws here? whats to stop me being > > You are totally responsible for respecting coyright and trademark laws. > Registrars (and registries) are not responsible for this. In the > agreements you electronically sign, you confirm that you are responsible > for the names that you choose. > > If a company discovers that you've registered "their" name in your > name, they'll contact you (using the admin address contact that > you submitted at your registrar), and will require you to return > or give them this name. You would then agreen to a transfer of > domain to the company, if you think that their claim is justified. > > But if you disagree, you'd enter a formalized procedure called > UDRP (Uniform Domain Resolution Policy) so solve the issue: > http://www.icann.org/udrp/udrp.htm > but be careful: nothing prevents a legal name owner for suing > you anyway, and you'll have to prove that you acquired/registered > the name in good faith. So don't register ibm.com [if it were > not already registered!] :-) The UDRP applies only to top level names, like "bergen." Using trademarks from within your own domain name (as in SCO.bergen.org) does completly fall within your responsibility. Technically, the legal name owners could sue you for infrigement, but it's not clear how the courts would decide on a case-by-case basis. Add to this widely differing legislations all around the world, you're absolutely uncertain here. You should really seek legal advice to be sure. -- Cordula's Web. http://www.cordula.ws/
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