Court ruling: Key Sytems has to act responsibly

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Court ruling: Key Sytems has to act responsibly

Postby Red Dwarf » Mon Nov 24, 2014 9:49 pm

When a registrar is notified of problems with a domain name, they can't just pass it off as not their problem.
Even if the problem is that they cannot contact the registrant. In this case, there was a bigger issue.


German Court Holding Domain Registrar Responsible for Its End User Actions
Nov 16, 2014 9:39 AM

A German appeals court has held a German domain name registrar (Key Systems) responsible
for issuing a domain name to H33t, a torrent-tracking site. The case was appealed, but the
appeals court upheld the lower court ruling. Even though the registrar pointed
out (accurately) that it had no way of knowing if the torrent was actually infringing, the court
said that the registrar was responsible for assuming it must be infringing once it had contacted
the domain owners and not received a response.
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Domain Name Abuse

Postby Red Dwarf » Mon Nov 24, 2014 10:10 pm

http://www.circleid.com/posts/20141112_ ... tter_word/

Highly recommended reading, an article on the responsibilities of registrars and registries. An extract to show the flavor of the argument

Michael Young wrote:My opinion at the end of the day can be summarized in a few statements:
Abuse causes well-defined harm to many organizations and individuals — both economic and reputational (this includes Registries and Registrars)
Spam is not less harmful than other forms of abuse since it's used to advertise phishing and malware sites
It is possible to identify almost all abusive domains, with high levels of confidence, for suspensions where the number of occurrences of truly innocent domains being suspended is extremely low — even where there is an active suspension program
Reducing the time to harm is the key. And that means removing the domain from the DNS -QUICKLY- after identifying it as harmful.
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