Sex.com update
Matthew X
profrv at nex.net.au
Wed May 5 05:12:52 PDT 1999
Sex.com Saga Continues- At Least for a Couple More Weeks
That Gary Kremen, the owner of sex.com will never see the $65 million the
courts have awarded him in his legal battles against Stephen Cohen is
almost a given. Now Kremen will have to wait a few more weeks to see what
the 9th District Court of Appeals will come up with. Kremen yesterday
presented a case in San Francisco in which he holds Network Solutions, a
division of VeriSign accountable for the whole sex.com mess to begin with.
It's Kremen's contention that Network Solutions never bothered to verify
Cohen's forged request to transfer the domain from Kremen.
Kremen is saying that the largest U.S. domain name registry should be held
accountable for an error that put the Internet address in the hands of
Cohen, a known con artist. In a hearing before a federal appeals court
panel, Kremen's lawyers argued that Network Solutions committed a breach of
contract when it failed to verify the forged request. "This all could have
been prevented with a simple call or e-mail to Mr. Kremen saying: Did you
authorize this?" said James Wagstaffe, the attorney for Kremen, who's
seeking monetary damages.
This is Kremen's second try at a court judgment against Network Solutions.
Kremen lost the first case in May, 2000 when federal judge James J. Ware in
San Jose, California ruled against him basing his decision in part on the
fact that at the time Kremen registered the site, in 1994, domains were
free. Ware contended that because Network Solutions was offered nothing of
value in exchange for its efforts, it not should be held financially liable
for its error. But Ware also held Cohen, liable to the tune of $65 million
in largely uncollected damages. Cohen's attorneys were also in appellate
court Tuesday, seeking to undo that ruling.
In yesterday's appellate hearing, attorney Wagstaffe argued that even
though Network Solutions didn't get money for registering the domain, it
did get personal information about Kremen for its database. Wagstaffe said
that should count as something of value. The company was also able to begin
charging registrants shortly afterward, having developed its initial
database of free registrations.
Attorneys for Network Solutions, disagreed rejecting the argument that a
domain name's entry in Network Solutions central domain name server, or
DNS, constitutes proof of ownership of that Internet address.
http://www.generossextreme.com/
Is this guy the matt Drudge of the naughties or what?
http://www.newarchitectmag.com/documents/s=2443/na0902f/index.html
Study carefully,there will be questions.
ICANN of Worms
The Internet governing body is short on answers and out of time.
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