Re: [ICANN-EU] first penal court ruling

[Mark Obrembalski <markobr@hrz1.uni-oldenburg.de>]

Lutz Donnerhacke schrieb:

> That reasoning is bad. Sending him to jail for grabbing is ok, but this
> court also considered only the trademark laws. So this reasoning allows
> grabbing naming domains in order to sell them to the person with this name
> as long as it is not a registred trademark.
> 
> Hope to explain the problem to judges of the upper courts next week.

There is no criminal law in Germany which generally forbids grabbing
domains. So the upper courts are not allowed to send someone to jail as
long as he don't violate trademark and competition laws. If you think
this should change, you must explain it to those who make the laws not
to thoase who apply them.

And one should not forget that punishment under criminal law is the
strongest possible reaction on unlawful acts. It isn't necessary in
every case of domain grabbing.

Mark Obrembalski