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IP: Heck look at the Freq Flyer miles you would get -- NSI Supports Forcing All Domain Disputes to Virginia
From: David Farber <dave () farber net>
Date: Sat, 04 Aug 2001 21:01:43 -0400
NSI Supports Forcing All Domain Disputes to Virginia Opposes EFF in Case Seeking Fairness in Where Such Disputes Are Heard Electronic Frontier Foundation Media Release For Delayed Release: August 2, 2001 Contact: Eric Grimm, Attorney, Cyberbrief PLC, eric.grimm () cyberbrief net, +1 734-332-4900 Cindy Cohn, EFF Legal Director, cindy () eff org, +1 415 436 9333 x108 San Francisco - The EFF expressed dismay that Network Solutions, Inc. (NSI) has stepped in to support the opposing side in an EFF case involving a dispute between Canadian parties over a Canadian trademark. NSI filed an amicus brief supporting the position that small domain holders located all over the world should be forced to defend their domain names in Virginia simply because NSI, which holds the master list of domain names, is located there. Pro bono counsel Eric Grimm of Cyberbrief PLC and the EFF had argued that due process guarantees prevent a Virginia court from using the fact that NSI is located in Virginia as a basis to force the Canadian individual, Elliot Salmons, to defend his domain name in Virginia rather than Canada. The case is a dispute between Mr. Salmons and a large Canadian company about a Canadian trademark. NSI is not a party to the suit. Grimm said, "The notion that the United States Courts should extend their reach extraterritorially to adjudicate wholly foreign lawsuits is stunningly wrong and defies common sense. U.S. residents and companies have found themselves on the receiving end of this problem -- for example the recent Yahoo! case about electronic auctions. The United States should set a better example." The dispute arises from the domain name "technodome.com." Canadian citizen Elliot Salmons registered the domain and was using it in a web site for use by theater workers in Canada. Subsequently, a large Canadian company, Heathmount A.E. Corporation decided that it wanted to use the name for a planned amusement park, also to be located in Canada. Rather than sue Mr. Salmons in Canada, where it clearly could do so, Heathmount brought an action in Virginia under the controversial Anti-cybersquatting Consumer Protection Act (ACPA) against the domain name itself, forcing Mr. Salmons to locate attorneys to defend the domain in a far away location under the foreign law. Heathmount later abandoned its case, but on July 25, 2001, NSI filed an amicus brief supporting Heathmount's position over that of the small domain holder. "The EFF joined this case because we'd like to see an end to this kind of rank 'forum shopping.' Individuals like Mr. Salmons, many of whom have never even been to the United States -- much less Virginia -- should not be forced to defend their domains far from home, especially when their opponents are located in the same jurisdiction and the case arises under foreign law," noted Cindy Cohn, EFF's Legal Director. "It is bad enough when large corporations do this kind of jurisdictional maneuvering to gain an unfair advantage over smaller domain holders, but now NSI has thrown its support behind this unconstitutional abuse of the legal system. This act belies NSI's often made claim that it remains neutral during domain name disputes. By filing a brief in support of forcing small businesses and individuals to defend their domains in Virginia, it has clearly shown itself to be on the side of the large businesses that are seeking to gain an unfair advantage by suing smaller domain holders far from home." The case, Heathmount A.E. Corporation v. Technodome.com, 106 F.Supp.2d 860 (E.D. Va. 2000), is on appeal to the U.S. Court of Appeals for the Fourth Circuit. EFF will file a reply brief in August and oral argument in the case is expected to be heard in September. EFF's Brief in the Technodome case is available at: http://www.eff.org/sc/heathmount/20010329_appellant_brief.html or: http://www.eff.org/sc/heathmount/20010329_appellant_brief.pdf The NSI brief is not available in electronic format currently. If it becomes available, the EFF will publish it on our website at http://www.eff.org/sc/heathmount/ as soon as possible. About EFF: The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world: http://www.eff.org/ - end -
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- IP: Heck look at the Freq Flyer miles you would get -- NSI Supports Forcing All Domain Disputes to Virginia David Farber (Aug 04)