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Re: [ICANN-EU] The real challenge for all of us as candidates
- To: Thomas Roessler <roessler@does-not-exist.org>
- Subject: Re: [ICANN-EU] The real challenge for all of us as candidates
- From: Marc Schneiders <marc@venster.nl>
- Date: Tue, 22 Aug 2000 23:00:33 +0200 (MEST)
- cc: Christoph <cweber@dialup.nacamar.de>, Jefsey Morfin <jefsey@wanadoo.fr>, icann-europe@fitug.de
- Comment: This message comes from the icann-europe mailing list.
- In-Reply-To: <20000822213957.A10884@sobolev.does-not-exist.org>
- Sender: owner-icann-europe@fitug.de
On Tue, 22 Aug 2000, Thomas Roessler wrote:
> On 2000-08-22 21:07:42 +0200, Marc Schneiders wrote:
>
> > Going to court in your own country is:
>
> > 1. probably much more expensive;
>
> Possible.
A fact where I live. A fact in the USA. How about where you are?
> > 2. will not work if the present owner lives elsewhere;
>
> Depends.
On what?
> > 3. does usually not bind the registrar, so the name will not be
> > transferred in many cases.
>
> Binding the registrant will be sufficient.
Not if the court has no jurisdiction over the registrant. If a Brazilian
court had ruled that corinthians.com should have gone to the football
team, the owner would still have it.
> > This is for gTLD's. ccTLD's are another matter, see wdr.org.
>
> So .org is a ccTLD, or what?
No, I put it in the wrong place, sorry. wdr.org is an example of 'local'
courts resolving a dispute. Owner and would-be-owner are in the same
jurisdiction. If the owner of wdr.org would have been finnish, I doubt
this would have worked out the same way. If he had been in Iraq it would
certainly not have worked.
--
Marc Schneiders ------- Venster - http://www.venster.nl
marc@venster.nl - marc@bijt.net - marc@schneiders.org