 |
 |
 |
 |
 |
|
|
|
|
|
The Puerto Rico Tourism Company lost its UDRP bid to take puertorico.com from Virtual Countries, Inc. The WIPO panelists decided that because geographic identifiers were not trademarks under United States law, the territory had no right to kick the domain's registrant out. Like the recent newzealand.biz decision, this decision underscores the serious problems of non-uniformity that should tank WIPO's recommendations to ICANN for a new protection for geographic identifiers. (Link to ALAC draft comments)
A bit of absurdity from the puertorico.com decision:
The Complainant, possibly aware that United States federal trademark law does not support its position, contends that the Commonwealth of Puerto Rico is not part of the United States of America, but the Panel takes administrative notice that Puerto Rico is a Territory of the United States of America and subject to its law.
In other UDRP news, the Markle Foundation, U.Mass's Center for Dispute Resolution, and Cornell's fantastic LII offer the URDP-DB, whose advanced search categorizes decisons by claims and outcomes. Combined with Lawcite's quasi-Sheperdization (follow a decision's subsequent citations), you can actually find quite a few of these non-precedential, non-arbitration UDRP decisions.
Dan Gillmor has a good query: Do the RIAA's messages to file-sharers misuse the software or networks of others? For example, the KaZaA terms of use prohibit using the software to "Transmit or communicate any data that is ... threatening, abusive, harassing, ... [or] invasive of another's privacy." The claims in the RIAA messages could be construed as harassment or interference with the software networks. This is pretty weak as threats go, though, and more likely to get a First Amendment pass on any "interference" claim.
The full warning (thanks Jim):COPYRIGHT INFRINGEMENT WARNING: It appears that you are offering copyrighted music to others from your computer. Distributing or downloading copyrighted music on the Internet without permission from the copyright owner is ILLEGAL. It hurts songwriters who create and musicians who perform the music you love, and all the other people who bring you music.When you break the law, you risk legal penalties.There is a simple way to avoid that risk: DON'T STEAL MUSIC, either by offering it to others to copy or downloading it on a "file-sharing" system like this.
When you offer music on these systems, you are not anonymous and you can easily be identified.You also may have unlocked and exposed your computer and your private files to anyone on the Internet. Don't take these chances. Disable the share feature or uninstall your "file-sharing" software.
For more information on how, go to http://www.musicunited.net/5_takeoff.html.
This warning comes from artists, songwriters, musicians, music publishers, record labels and hundreds of thousands of people who work at creating and distributing the music you enjoy. We are unable to receive direct replies to this message. For more information about this Copyright Warning, go to www.musicunited.net.