So an American living in America registered a .com (American domain) in
Germany with a Netherlands address? Sounds like he was trying to avoid
something objectionable in America by registering it elsewhere. If it
were something like ogish.de - that's another story. Looks like Dany
Klinker of Amsterdam, Netherlands screwed up. He tried to play the game
without reading the rules first.
George
Deepak Saxena wrote:
>
> Thought this might be of interest to everyone.
>
> ----- Forwarded message from Declan McCullagh <declan@well.com> -----
>
> Date: Wed, 12 Feb 2003 23:32:36 -0500
> To: politech@politechbot.com
> From: Declan McCullagh <declan@well.com>
> Subject: FC: Ogrish.com's hosting firm replies to Politech, starts boycott
> Reply-To: declan@well.com
>
> Previous Politech message:
> http://www.politechbot.com/p-04447.html
>
> ---
>
> From: "Theodore Hickman" <ted.hickman@prohosters.com>
> To: <declan@well.com>
> Subject: Fw: Emailing: statement021203-2230.txt
> Date: Wed, 12 Feb 2003 23:07:25 -0500
>
> <http://prohosters.com/joker.html>http://prohosters.com/joker.html
>
> They aren't Joking...
>
> A formal response from our CEO regarding the actions of Joker.com
>
> Before you register a domain name you should know about this:
>
> On January 11th 2003 the German registrar Joker.com disabled the domain
> ogrish.com (a gruesome online photo gallery depicting real-life) and listed
> the reason as 'Disabled by Government.' The domain ogrish.com is hosted in
> America and complies with all American laws. When asked why the domain was
> disabled the only thing Joker.com would say is, 'We had an order from the
> government to disable the domain.' The domain is presently owned by an
> American.
>
> Some may question the content of the domain however the domain obeys all
> local, state and federal laws. What right does a German registrar have to
> disable a global domain that is hosted in America?
>
> What is shocking to us is that a global domain may be disabled by a
> Nation's government based on their laws when the content is hosted in a
> nation where the content is permitted. Even more shocking is the fact that
> the registrar has the right to refuse a transfer to an American owned
> registrar.
>
> Does this mean any domain registered in a foreign country can be disabled
> without appeal, if the government of that country deems it unacceptable?
> Why does a registrar have the right to enforce content laws? Isn't a domain
> supposed to be judged by the content of the domain name and not the content
> of the site to which it links. Certainly Joker.com's intent is to disable
> ogrish.com's content not domain name. Knowing full well that the domain has
> name recognition, Germany's Government is trying through Joker.com to cause
> the greatest amount of damage to ogrish.com by disabling the domain at a
> registrar level. Could they not have just disabled access to ogrish.com
> from within Germany alone? Doesn't this better solve the problem with a
> Nation's laws? What gives them the right to police the content worldwide?
>
> Pro Hosters has temporarily linked ogrish.com to ogrish.prohosters.com.
> Does this mean that TotalNic a foreign owned registrar can disable the
> domain prohosters.com for a small portion of the content contained within?
> How does this apply to sub domains?
>
> We are told the domain is in the middle of the transfer to Network
> Solutions however they cannot tell us whether Joker.com will release it to
> us, that is Joker.com's decision.
>
> What rights does ogrish.com have in this process? How can they reestablish
> the income that has been depleted by Joker.com's actions? There is nothing
> clearly documenting the procedure to appeal the decision of a registrar
> with either ICANN or Network Solutions. Are we to assume that all they can
> do is be at Joker.com's mercy, and not register domains with Joker.com in
> the future?
>
> More importantly, one must begin to ask oneself; Is this the first of many?
>
> We ask for your assistance in getting our message through by either posting
> of the animated gif we have created or writing the contacts at the
> information given below.
>
> Thank you.
>
> Network Solutions
> http://www.networksolutions.com
> Customer Service
> U.S. and Canada: 1-888-642-9675
> Worldwide: +1 703-742-0914
> E-mail: Click here to send e-mail
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
> http://www.icann.org
> Phone: +1.310.823.9358
> FAX: +1.310.823.8649
> E-mail: icann@icann.org
>
> Joker.com
> CSL Computer Service Langenbach GmbH
> d/b/a joker.com
> Rathausufer 16
> 40213 Duesseldorf
> Germany
> E-mail: Support form
> Phone: +49 211 8676741
> Fax: +49 211 8676710
>
> Also, we highly recommend the following registrars:
> Network Solutions
> Register.com
> DomanNameSystems.com
> SRSPlus
>
> -------------------------------------------------------------------------
> POLITECH -- Declan McCullagh's politics and technology mailing list
> You may redistribute this message freely if you include this notice.
> To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
> This message is archived at http://www.politechbot.com/
> Declan McCullagh's photographs are at http://www.mccullagh.org/
> -------------------------------------------------------------------------
> Like Politech? Make a donation here: http://www.politechbot.com/donate/
> Recent CNET News.com articles: http://news.search.com/search?q=declan
> -------------------------------------------------------------------------
>
> ----- End forwarded message -----
>
> --
> Deepak Saxena - dsaxena@plexity.net
>
> How much do you value your freedom? Would you trade your freedom for some
> illusion of security? Freedom is something that dies unless it's used.
>
> - Hunter S. Thompson -
> ---------------------------------------------------
> PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us
> To subscribe, unsubscribe, or to change you mail settings:
> http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss
(text/plain)