On 25-Feb-99 Martin B. Schwimmer wrote:
> As one of the lawyers who participated in the representation of MTV in that
> case, I would say that that particular genie was let out of the bottle the
> day Adam Curry registered mtv.com in his own name and began promoting a
> music website under the name mtv.com (and not adam-curry.com).
>
> One thing that I have pondered in the past five years is this: I had to
> communicate with NSI at that time in connection with this case and
> therefore I know that NSI was aware of the facts in the mtv.com case,
> specifically that someone other than the owner of a trademark like MTV
> could get the domain name, and that the TM owner's only remedy at that time
> was a lawsuit. This case was, if memory serves me correctly, before the
> Quittner article on mcdonalds.com. Virtually all cases of cyber-piracy
> came after that event. What could NSI have done differently back in 1994?
>
Exactly what they DID do. Honor nothing but a court order.
Where they messed up was when they created a policy that enabled action to be
taken with no proof that a violation existed.
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E-Mail: William X. Walsh <[EMAIL PROTECTED]>
Date: 25-Feb-99
Time: 11:25:41
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"We may well be on our way to a society overrun by hordes
of lawyers, hungry as locusts."
- Chief Justice Warren Burger, US Supreme Court, 1977
