Quote:
Originally Posted by WarChild
Wasn't there a dispute recently in which a US court ordered the piratebay domain be turned over in a similar matter for a lawsuit that was not contested? If I recall correctly, the Canadian registrar basically said "doesn't apply to us in Canada, sorry" and ICANN said "not under yours or our authority, sorry.".
Am I mistaken?
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Not sure, but there is this, more than 5 years old:
http://www.theregister.co.uk/2002/09...r_domain_name/
The .com registry is based in Virginia, and at least for cybersquatting and copyright infringement cases to do with domain names, apparently that is all that is required. ICANN appears to be trying hard to say that there is nothing they can do, but I suspect that with enought pressure, the .com TLD could be forced to deal with non-responsive registrars, or potentially discontinue their registrar status. The agreement clearly states that the agreement is subject to the laws of Virginia, USA.
http://www.icann.org/tlds/agreements...08-01mar06.htm
Actually, I am more surprised that some smart lawyer hasn't gone after the .ORG registry for allowing thepiratebay.org to exist, considering it is certainly not a non-profit organization.