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3 Comments
Interesting
Great article, I have enjoyed reading all your stuff on the legalize of business.
NSI Liability
J: I agree this is an issue for the marketplace, not the courtroom. It is about ethics rather than liability. It appears that counsel only has a rough understanding about how registrars and ICANN work. ANd NSI can do just about whatever it wants as long as it stays within the accreditation agreement and provides notice to consumers about what it is doing.
I posted about NSI's potential liability when they firs started this practice and were not providing any notice to consumers here.
NSI quickly modified their policy (specifically the reservation of whois searches and parking pages) and provided notice which was analyzed from a legal point of view here. I conclude that the notice provisions likely absolve NSI of any consumer liability. Whether consumers actually read the notice is probably another issue but won't save this class action in the courts.
They aren't absolved
verisign can't merely give themselves rights they don't have. Verisign was told they CAN'T use wildcard resolution of domains, can't restrict competition, etc... Price fixing and hoarding is ALSO illegal. They can't even move to another country, because they are using rights licensed to them by the U.S.! If they chose to ignore ICANN YET AGAIN, as they are doing now, they should ICANN should PULL THE PLUG as they have threatened to do in the past!
STEVE
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