Re: [ga] Transfer Protocol Perjury Stipulation

[Rex <domains@traveling.com>]

Remember Nigel,
  Here in the US our president redefines the word "perjury" as he goes
along.

It seems to be catching on.

Rex



Nigel Roberts wrote:
> 
> 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

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