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ICANN: We Won't Pass Judgment On Pirate Sites (torrentfreak.com)

From a TorrentFreak report:Following more pressure from rightsholders, domain name oversight body ICANN has again made it clear that it will not act as judge and jury in copyright disputes. In a letter to the president of the Intellectual Property Constituency, ICANN chief Stephen Crocker says that ICANN is neither "required or qualified" to pass judgment in such cases. This week, ICANN's Dr. Crocker responded to the April letter from IPC, confirming that his group will "bring enforcement actions" against registries and registrars that fail to include abuse warnings in their end-user agreements. However, ICANN also made it crystal clear that it won't be getting directly involved in disputes involving allegedly infringing domains. "This does not mean, however, that ICANN is required or qualified to make factual and legal determinations as to whether a Registered Name Holder or a website operator is violating applicable laws and governmental regulations, and to assess what would constitute an appropriate remedy for such activities in any particular situation," Dr. Crocker added.

28 comments

  1. Who will, then? by Sigvatr · · Score: 2

    Do we have a body at this level that does do that?

    1. Re:Who will, then? by amiga3D · · Score: 5, Insightful

      Courts. That's the way it's supposed to work. Using bureaucrats and other organizations
      for that job is madness.

    2. Re: Who will, then? by Anonymous Coward · · Score: 0

      Mod this man up please. The fact that the main poster even asked this question is stupid. We have a legal system in place for a reason.

    3. Re:Who will, then? by Anonymous Coward · · Score: 1

      Exactly right: They need a Legal Judgement in a Court of Law for the Juristiction they're claiming Infringment in. Otherwise, they'll take everyone that's not a member Off-Line for infringing and damn the actual legality of the matter.

    4. Re:Who will, then? by sconeu · · Score: 4, Funny

      Courts. That's the way it's supposed to work. Using bureaucrats and other organizations
      for that job is madness.

      But that whole "evidence" thingy is a pain. It's so much easier just to ask ICANN to do it.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    5. Re:Who will, then? by DamnOregonian · · Score: 1

      Well spoken, sir.

    6. Re:Who will, then? by Anonymous Coward · · Score: 0

      never fear because we do!

      the u.s. federal government acts as judge, jury, hitsquad and sysadmin when it comes to domain seizures (for any of the top-level domains that matter, anyway.. and many of them that don't)

    7. Re:Who will, then? by beastofburdon · · Score: 1

      It's not madness, its corruption.

  2. At the end of the day... by Anonymous Coward · · Score: 0

    ... ICANN't is a california.us corporation. So, it will have to bend as soon as the copytrolls manage to get the us courts on their side.

    1. Re:At the end of the day... by Anonymous Coward · · Score: 0

      Exactly this. Their attitude will change once they find themselves on the losing side of lawsuit for $BIGNUM of losses.

  3. Good reason to keep them in control then by fustakrakich · · Score: 2

    If they lose it, the replacements won't hesitate to censor everything they can.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:Good reason to keep them in control then by youngone · · Score: 1

      If they lose it, the replacements won't hesitate to censor everything they can.

      They already are in a way. There's another story on this site about how that music streaming site you love is going to go broke because the licensing fees they have to pay make them unprofitable. That's what a consolidated market with strict IP laws get you.

    2. Re:Good reason to keep them in control then by Anonymous Coward · · Score: 0

      That's an assumption that isn't quite warranted. There are alternatives thinkable that 1) won't and 2) can get away with that. They are not, however, the usual suspects, nor this clique "governing" themselves since they've already shown themselves to be quite shady and untrustworthy, even though they gave the right answer in this instance, for now.

      But to do that you need to know what you're doing. Barry should call me, he has my number.

  4. what if they did? by Anonymous Coward · · Score: 0

    Imagine an internet where everything posted was original content and nothing was regurgitated from some other source.

    Its a dream of mine that the internet be well organized :)

  5. Good by vomitology · · Score: 4, Informative

    That sounds tantamount to having a car dealership monitor your driving history, and repossessing the car if you use it to rob a bank.

    --
    ~Knowledge is knowing that a tomato is a fruit, but Wisdom is knowing not to put it in a fruit salad.
    1. Re:Good by KiloByte · · Score: 3, Insightful

      A better car analogy would be the dealership repossessing your car if you become an Uber driver.

      Unlike robbing a bank which is rather hard to defend, those "pirate" sites merely run afoul a dubious regulation that's not universal.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    2. Re: Good by Anonymous Coward · · Score: 0

      That sounds tantamount to having a car dealership monitor your driving history, and repossessing the car if you use it to rob a bank.

      Um, that is exactly what dealerships do. Until you pay it off, the title is in there name and they will protect themselves and their car.

    3. Re: Good by Anonymous Coward · · Score: 0

      Someone explain to this guy the difference between a GM dealer, GM, GMAC, and apparently a bunch of other shit he doesn't understand.

    4. Re: Good by ComputerKarate · · Score: 1

      One big difference is that you will never own that domain you use today. You have the expectation you will someday own your car.

      --
      "The urge to save humanity is almost always a false front for the urge to rule." --H.L. Mencken
  6. Looking for an easy enforcer by QuietLagoon · · Score: 5, Insightful

    The Intellectual Property Constituency is just looking for an easy enforcer that they can trigger with an email, instead of using the legal system designed and intended to handle intellectual property issues. It looks like little more than laziness on the part of the Intellectual Property Constituency.

  7. Re:"Neither archaic not wrong". Nor preferred by mrbester · · Score: 0

    That was a golden opportunity for them to have used "or" in place of "nor" to prove their point. Since they didn't, they're talking out of their arse.

    --
    "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  8. great point by Anonymous Coward · · Score: 1

    Great point. Why go through all the rhetoric of the legal system (and continually lose) when you can send out thousands of automated emails? Hmm who do we know that loves to do that? Pretty obvious where this pressure is coming from. Kudos to ICANN for their response, it was appropriate. Now if they would only do something about the thousands of new garbage TLD's they themselves created.

  9. This brings to mind Cardinal Richelieu by knorthern+knight · · Score: 2

    Show me six lines written by the most honest man in the world, and I will find enough therein to hang him

    You'll see slight variations, depending on how the original French is translated... "Qu'on me donne six lignes de la main du plus honnete homme, j'y trouverai de quoi le faire pendre".

    Add in the HR assholes who insist on hiring only people with Facebook accounts, and bosses will be able to manufacture a reason to fire any employee at any time.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  10. Re: "Neither archaic not wrong". Nor preferred by hackwrench · · Score: 0

    But then dictionary writers intend to be descriptive not prescriptive.

  11. You pass domains. by Anonymous Coward · · Score: 0

    Do that. Leave the legal bickering to the lawyers.