Ellen,
It is true that NSI the registry will be indemnified (to the extent
permissible by law which is not 100% due to some public policy
considerations). But NSI the registrar will still be subject to
lawsuits just as the AOL and the various submembers of CORE.
So at the registrar level there is no unfair competition. And as
there is currently no competition at the registry level I don't think
you can't define anything as as fair or unfair at that level except
perhaps the actual fact that there is no competition.
Ellen Rony wrote:
>
> Perhaps someone can explain this seeming paradox:
>
> Amendment 11
> <http://www.ntia.doc.gov/ntiahome/domainname/proposals/docnsi100698.htm>
> states:
>
> "NSI also will by February 1, 1999, employ appropriate safeguards, approved
> by the USG, to ensure that revenues and assets of the registry are not
> utilized to financially advantage NSI's registrar activities to the
> detriment of other registrars."
>
> >From the Registrar License and Agreement:
> http://www.ntia.doc.gov/ntiahome/domainname/rla42199.htm
>
> "Registrar's dispute policy shall require the SLD holder to indemnify,
> defend and hold harmless NSI, and its directors, officers, employees and
> agents from
> and against any and all claims, damages, liabilities, costs and expenses,
> including reasonable legal fees and expenses arising out of or relating to
> the SLD holder's domain name registration."
>
> "2.14 Registrar agrees to comply with the policies of NSI as Registry that
> will be applicable to all registrars"
> ________________________________________
>
> So, my query is this: Will NSI in its registrar capacity be required to
> indemnify itself (as registry), which takes it off the hook against any and
> all claims, damages, liabilities, costs and expenses, including reasonable
> legal fees and expenses arising out of or relating to the SLD holder's
> domain name registration. If so, doesn't that advantage (in unreasonable
> and inequitable ways) NSI over the other registrars by insulating it from
> potential lawsuits?
>
> Ellen Rony Co-author
> The Domain Name Handbook http://www.domainhandbook.com
> ======================== // =============================
> ISBN 0879305150 *=" ____ / +1 (415) 435-5010
> [EMAIL PROTECTED] \ ) Tiburon, CA
> On the Internet, // \\ no one knows you're a dog.
--
Dan Steinberg
SYNTHESIS:Law & Technology
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