|Tatas Win a Domain name case with WIPO
In yet another domain name dispute the verdict of the WIPO has
gone in favour of a trademark owner. In this case the domain name www.bodacious-tatas.com
has been held injurious to the Tata group of India. This is another
precedent in holding a remotely similar name as confusingly similar. Before
coming to the conclusion, the arbitrator should have also examined what
percentage of net population would be confused with the name. If this was
significant action was called for. Otherwise it could have been ignored.
Now this could be a precedent to many other frivolous disputes where a
company with money and access to legal help can harass individuals.
Story in Express India
Netizen's Forum Holds a Press meet in Chennai
Mr Na. Vijayashankar and Mr Sanjay Bhatia addressed
a group of journalists in Chennai on 30th and released a copy of the memorandum
submitted to the MIT regarding the proposed Rules under the
ITA-2000. During the address Mr Vijayashankar explained how the proposed
regulation has deteriorated with each step in its implementation since
the first draft was prepared as E-Commerce Act 1998 and endangers the interests
of the common Netizen. Mr Bhatia highlighted the lack of a credible dispute
resolution mechanism under the proposed rules which has rendered
the AO's office s an adhoc office.
Memorandum to Ministry
The draft of the Memorandum intended to be submitted to the Ministry
of Information Technology suggesting changes to the ITA-2000 and the Rules
is here. Viewers are requested to send their comments if any to be incorporated
in the memorandum.
Domain Name-What kind of Property is it?
What is the nature of the Cyber Property called "Domain Name?" is a
question which is being debated in the legal circles all over the world.
Some say it is a "Name" which is a "Trade mark". Some say it is like
real estate in the Cyber space. Some say it is a "Certain Right excercisable
with the Registrar".
Super Regulatory Authority in the offing in India
While there can be no two views on the need for integrated approach
to IT, Telecom and Broadcasting in an economy where the three fields have
a close symbiotic relationship, the known penchant of our politicians and
bureaucrats to usurp power and encash it through corrupt practices
makes one wonder whether the need for integration would be misused to create
a super power center.
India Redefines Hacking
The over eagerness of the framers of the Indian law has created a situation
that for the first time in the world the term "Hacking" has obtained a
legal definition creating complications in its wake.
The absurdity of some
of the provisions of the said Guidelines, cannot be stated strongly enough.
Raj Mehta, of the Institute for Security for Digital Network Age comments on
the Landing Policy
Security Risk in Cable Internet
Cable delivery of Internet will introduce a whole new dimension to the
Internet scenario and will change the Cyber society significantly. Along
with all these advantages comes the concern of safety of the data on your
computer and the nuisance of virus infiltration.
Hurdles in Becoming a Certifying Agency
The essence of the ITA-2000 is the enablement of digital contracts through
digital signatures....it would be financially very difficult to make the
Certifying Authority business a viable business proposition
Advisory Committee or Secretaries Club?
It is sad that a great opportunity has been lost to set up a committee
of experts who could have guided the Ministry in formulating the policies
that could have taken the country ahead.
The Rules for ITA-2000 in India - Funny? Manipulative? Disheartening?..or
The IT industry had it good for too long in India. So, it had to face
its share of disappointments. Otherwise, who will respect the Bureaucracy?
and the Politicians in power?
Can I affix a legally valid Digital Signature from today?
August 15, 2000 is not only the first independence day of the new millennium
for all Indians, but it marks the entry of India into the Digital Contract
Do we need an E-Consumer Protection Act?
E-Way of living is fast becoming a part of our life. As more and more
Netizens start buying products and services on the Net, there will be issues
concerning Consumer Protection for E-transactions. But do we need a law
for such consumer protection? Perhaps No.
Landing Station or Police Station?
The Department of Electronics has come out with detailed guidelines
for ISP s setting up landing stations in India for submarine cables. This
is part of the measure to increase the international bandwidth available
for data transmission. While the guidelines which clear the decks for broadening
of the bandwidth is welcome, the provisions do raise some concerns.
What is "Speech" in the Digital world?
An interesting arguement is going on in USA on an alleged violation
of the Copyrights Act applicable to digital media. The case is between
the movie industry and one Mr Eric Corely in the southern district court.
Mr Corely has been distributing a software program DeCSS which enables
the user to break the encryption on a DVD meant to block copying.
Does the Adjudication Officer have jurisdiction to try a "Hacker"?
Amongst the many ambiguities that have crept into the ITA-2000 is the
jurisdiction of the Adjudicating officer (AO) regarding cyber crimes falling
under the Ch 11 of the ITA-2000.
Court in Virginia strikes down law on Obscenity
A district court in Virginia has issued a temporary stay on the state's
attempt to bring laws to protect minors. The judge observed that
the the law would have the effect of “chilling of speech” which would be
Ford Loses !!!
Auto giant Ford has lost its case against Model-E over it's right
to use the name.The U.S. District Court in Detroit granted a motion to
dismiss the trademark infringement lawsuit brought against Model E by Ford
on July 28 and entered judgment in favor of Model E.
Veerappan and the Cyber Jungles
... the Government should bring about an amendment to the IT Act 2000
and if necessary other regulations under the Cr Pc, IPC etc , to set up
and define the jurisdiction of a "Cyber Police Force of India".
This could be model for many other countries and India could later
take the lead in expanding the concept for setting up a " Global
Cyber Policing Authority".
Anything starting with "Model" belongs to me!..Says Ford
Ford Motor Company has stated that it has a history of using the
nomenclature beginning with the word 'Model' and then followed by
a letter , creating a copyright on such usage...
Oracle Accused of Hacking..
In a case involving dismissal of an employee, Oracle is facing a counter
charge that it has resorted to planting an accomplice and hacking the systems
of SAP to steal information for development of a product. It is an issue
of grave concern...
Community Rejects Legal sanctions against Napster
In a survey conducted by a PC magazine, it is reported that over 25
% of the respondents stated that they would continue to use file
sharing software inspite of the possibility of copyright infringement.
The Napster ruling has infact generated renewed interest in other similar
sites such as Gnutella
This is an indication that if "law" is at variance with the community norms,
it would remain ineffective.(See article -"Militant
or Freedom Fighter?")
Article in Standard.com
Domain Name Extensions of Your Choice?
ICANN is expected to introduce new Top Level Domain Names shortly. In
what appears to be a novel method of determining the TLD s, the applicants
for setting up the Registering authorities may be given an option to suggest