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Domain name disputes glossary

From "abusive registration" to "passing off" to "typosquatting", the jargon of domain name disputes and dispute resolution can be impenetrable to the outsider. Worse, the literature is full of obscurantist acronyms like ACPA, DRS, IND, NAF, TLD and UDRP. This glossary will help you untangle the mess.

Introduction to .uk domain disputes

The .uk registry is the world's fourth largest (after the .com, .net and .de registries). It is administered by Nominet, a not-for-profit company based in Oxford, England. Nominet acts not just as the .uk registry, but also as the .uk dispute resolution service provider. Nominet does not use the UDRP for dispute resolution, but has instead created a distinctive system inspired by the UDRP. The substantive rules governing .uk disputes are set out in Nominet's dispute resolution policy document and its dispute resolution procedure document.

Introduction to .eu domain disputes

The creation of the .eu domain was endorsed by the European Parliament back in March 2000, but took 5 more years to become a reality. The motive for introducing a European TLD was to "accelerate electronic commerce" in the EU; it was also part of the effort to promote Community-consciousness, both within the EU and without. The domain has certainly been a success, quickly becoming one of the world's most popular TLDs; but with that success has come conflict.

Introduction to UDRP domain disputes

The Uniform Domain Name Dispute Resolution Policy is the grandfather of domain name dispute policies, having been approved by ICANN back in October 1999. It governs arbitration proceedings involving the most important gTLDs, including disputes about .com, .net, .org, .biz and .info domains. In addition, some ccTLDs registries have voluntarily adopted the UDRP.

Omit needless T&Cs

How many legal documents should a website include? This depends to an extent upon the nature of the website, but just as important are the inclinations of the website operator. Where possible, I try to limit the legal documents to two: a terms and conditions document and a privacy policy. There are a number of advantages to limiting the number of legal documents. Fewer documents are easier to maintain, and users know where to go to answer any particular question they may have about a site.

How can I ensure that my website complies with all local and international laws?

This question is commonly asked and easily answered: you can't. That's right, in practice you can't ensure that a website will comply with all applicable laws. Why not? To answer this question, you need to appreciate a couple of basic legal points. First, a website may be impacted by laws of many different kinds. Second, there is no "international law" of websites as such. Website legal compliance needs to be approached from a national perspective.

False attribution: the moral right

The ease and informality of digital publishing have led to an increase in complaints about false attribution: that is, representations that a person is the author of a work, when he or she is not. Such representations may give rise to rights under the law of copyright, defamation or malicious falsehood. However, there is also a little-known moral right against false attribution. Under that Section 84 CDPA, a person has a right not to have a literary, dramatic, musical or artistic work falsely attributed to him or her as author.

Sole rights, exclusive rights and non-exclusive rights

Contractual licences are very often defined as exclusive, or non-exclusive, or sole. What is the difference between an exclusive grant of rights and a non-exclusive grant of rights? Is there any difference between an exclusive grant and a sole grant? In this short post, I try to answer these common contract-related questions.

The effects of the new cookies laws

On 26 May 2011, the rules about the use of cookies and similar technologies were changed. The change was prompted by amendments to the EU's Privacy and Electronic Communications Directive. Although several weeks have passed since the change, few websites comply with the new law, and confusing guidance from the UK and EU data protection authorities has left website owners scratching their heads.

Offer and acceptance online

There are three fundamental requirements for the formation of a legally enforceable contract, and they are as applicable online as offline. First, the contracting parties must agree on the terms of the contract, through the issue and acceptance of a contractual offer. Second, they must intend to create a legally binding agreement. Third, the contract must be supported by consideration: an exchange of value.

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Unless otherwise stated, the information and resources on this website relate to English law.

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