Intellectual Property Rights Issues and DNS

Matthew Hakwe hakwematt a YAHOO.COM
Mer 9 Feb 2000 13:44:03 CET


I am doing some research on Internet Dispute
Resolution.

I would like to ask the following questions in
connection with the DNS service (please note that this
is NOT the case where a domain NAME infringes on a
trademark or brand-name):

Say that some entity runs a web-site containing
material which infringes on the intellectual property
and trade secrets of companies and thereby negatively
impacts on the business of such companies {e.g. by
providing ways in which encryption of these companies'
services may be side-stepped, or by providing pirate
software: thereby contravening laws such as the USA
Digital Millennium Copyright Act or the principles of
the Geneva Convention}

In this case, registration of the domain name may be
construed as infringing on the rights of a third
party, even as far as being registered primarily for
the purpose of disrupting the business of such third
party.

a) Since the applicable DNS service resides in a
particular country (e.g. the USA, Germany, etc.) and
is thus subject to the laws of that country; could it
be argued that, in providing mapping from name to IP,
the DNS service is aiding and abetting in this
unlawful activity, even though the web-server may
physically be located elsewhere where laws are not as
stringent?

b) If the web-site owner and hosting providers are,
respectively, notified of the offending content, but
refuse to remove it - or where the web-site owner
keeps moving the site to different providers; In the
light of (a), can a dispute be lodged with yourselves
to remove the DNS mapping for the offending site?
(Both in the case where the site contains *only* such
offensive material, and also where the site contains
other legitimate material?).

c) What time-frame and costs would be involved in such
a dispute?  What level of argument will need to be
tendered to consider such unmapping/remapping action?

d) Would it be possible to remap the name of such
offending site, to another, legitimate site run by the
offended companies, where users are warned against the
retrieval of such offending information?

Sincerely

Matthew Hakwe

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