Re: [ga] Transfer Protocol Perjury Stipulation

[Nigel Roberts <nigel@roberts.co.uk>]

This also completely ignores the differences in legal systems around 
the world. 

More North American-centric spin in my opinion.

In the UK, perjury is lying to a court, or making 
a knowingly untrue statement in something like
a Statutory Declaration (made before a Justice 
of the Peace -- an unpaid magistrate -- or solicitor).

Telling lies in a contract application form is a tort and
actionble in the civil courts (unless it is for credit in 
which case it is the criminal offence of obtaining pecuniary 
advantage by deception)

So let's be sure here, are they implying that each domain applicant in
the UK will now have to make a Stat. Dec. (cost between $10 -$50)???


Nigel Roberts
nigel@roberts.co.uk

d3nnis wrote:
> 
> Today's teleconference included a slightly scarey discussion regarding the advisability of
> clamping down on domain name registrants who flee to a new registrar to escape  a
> pending dispute or cease and desist letter.    The option of requiring registrant hoppers to
> sign a statement declaring themselves free of such baggage was given some very sharp teeth:
> the penalty of perjury.
> 
> As an individual domain name owner I noticed acutely the absence of any spokesperson for my
> perspective on this issue.   So I include it here.
> 
> The problem is one of balance.  If you require individuals to submit to a serious legal
> penalties for statements made relative to a trademark dispute, you should make an equal
> requirement on the trademark holder.   In all fairness,  the presumption that an individual will lie
> should be no greater than the presumption that a large company will file a frivolous
> complaint with no basis in trademark infringement.
> 
> I am not proposing a specific penalty that would be appropriate for a trademark holder
> who files a complaint without substance ...  just observing that the same salubrious effects achieved
> by applying penalties to individuals might well be accomplished with respect to companies -- a reduction
> in complaints.
> 
> Dennis Schaefer