IT Legal Issues它的法律问题.pptVIP

IT Legal Issues Guest speaker: Adam Thomas, Distinguished Internet Law Student Overview of Legal Issues Cybersquatting ICANN – Internet Corporation for Assigned Names Numbers Privacy Concerns Downloadable Music Rights Internet Gambling Cybersquatting a cybersquatter is one who registers a famous name or a trademark as a domain name, often with the goal of reselling it to the rightful owner of the trademark. Cybersquatting Sites vs. vs. www.USAB vs. vs. vs. Others: Brad Pitt, NFL, New York Yankees, Tommy Hilfiger, Hardvard University, Denise Richards, Allisa Milano. ICANN The Internet Corporation for Assigned Names and Numbers (ICANN) is the non-profit corporation that was formed to assume responsibility for the IP address sp ace allocation, protocol parameter assignment, domain name system management, and root server system management functions now performed under U.S. Government contract by IANA and other entities. UN ? WIPO ? ICANN Privacy Concerns /news/363168.asp /news/363455.asp Real Networks…RealJukeBox PennDOT (Pennsylvania Dept. of Transp.) settling with eBay Downloadable Music Why MP3’s? Statistics (RIAA) RIAA vs. Diamond Multimedia Problems The Future * * I. Cybersquatting A. Prevailing Law 1. Intermatic v. Toeppan, 2. Panavision v. Toeppan a. Website Use in Commerce i. Dilution: The use of a mark by unauthorized parties so when consumers see the mark, they will be less likely to attribute it to the rightful owners mark. b. Passive website i. Holding: The court held that because he attempted to sell the URL to the rightful owners, it constituted commerce: his business was selling URLs. II. ICANN, Network Solutions, and domain name registration A. Current changeover to allow competition in the registering of domain names. 1. Should network solutions be compensated for their proprietary database software? B. Some potential regulations include establishing a list of protected famous or well-known marks