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.net copyright-claim suspension of domain

  • To: net-agreement-renewal@xxxxxxxxx
  • Subject: .net copyright-claim suspension of domain
  • From: "A.R. Fuller" <arfuller@xxxxxxxxx>
  • Date: Tue, 10 May 2011 15:12:24 -0400

In one word: No.

In more words:
The proposal to suspend domains when a copyright dispute is involved is
going one step too far in the copyright wars. Revoking privacy of .net
domains is equally tyrannical. Combining the two proposals, assume for a
second that there is a smaller .net domain hosting fair-use content that the
copyright holder simply doesn't like - can the .net with few (if any) legal
resources defend against such a claim? If it cannot, will the smaller .net
domains be suspended simply because they could not afford to fight against a
claim that they otherwise would have been able to easily dispute? Copyright
enforcement is up to the copyright holder and those it authorizes to work on
its behalf, sending notices as they currently do, and if those are
legitimate complaints the copyright holder can currently sue for the removal
of the copyrighted material and for damages resulting from the infringement;
adding a layer that would also yank the domains from under the noses of the
alleged infringer is one step too far, fairer perhaps to copyright holders
but very much unfair to those that receive bogus or
otherwise-easily-defended claims. If more action needs to be taken on these
grounds - and I, for one, assert that more action does *not* need to be
taken - there must be a better way.

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