Re: [ga] New York State Domain Law

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Danny and all,

  Well given the text below, this law really doesn't do too much.

Danny Younger wrote:

> [excerpt]
> A measure sponsored by Senator Betty Little
> (R,C,I-Queensbury) aimed at preventing a person from
> registering a domain name that is similar to or the
> same as another living person or business with the
> specific intent to profit from selling the domain name
> to that person or business has been signed into law.
>
> Little said the new law, approved by Governor Eliot
> Spitzer on Wednesday, August 1, will prohibit a person
> or entity from registering a domain name that consists
> of the name of another living person, or a name
> substantially and confusingly similar thereto, without
> that person's or entity's consent, with specific
> intent to profit from such name by selling the domain
> name for financial gain to that person or any third
> party.
>
> A person or entity will only be liable for a violation
> if they are the domain name registrant or such
> registrant's authorized licensee. A person or entity
> who in good faith registers a domain name consisting
> of the name of another living person, or a name
> substantially and confusingly similar thereto, will
> not be liable if such name is used in, affiliated
> with, or related to a work of authorship protected
> under title 17 USC, including a work made for hire as
> defined in 17 USC 101, and if the person or entity
> registering the domain name is the copyright owner or
> licensee of the work, the person or entity intends to
> sell the domain name in conjunction with the lawful
> exploitation of the work, and such registration is not
> prohibited by a contract between the registrant and
> the named person.
>
> The law provides for a civil penalty of up to $1,000
> for each day the violation occurs. In addition, the
> New York State Attorney General is enabled to apply to
> the Supreme Court for an injunction, including
> forfeiture or cancellation of the domain name. The
> registrar, domain name registry or other domain name
> registration authority will not be liable for
> injunctive or monetary relief under this section
> except in bad faith or reckless disregard, which
> includes willful failure to comply with any court
> order.
>
> The law will take effect in 120 days.
>
> http://www.senatorlittle.com/press_archive_story.asp?id=17598
>
>       ____________________________________________________________________________________
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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