Network Solutions (NSI) sued for $1.7 billion

Network Solutions (NSI) sued for $1.7 billion

Post by John Nava » Tue, 21 Mar 2000 04:00:00



3/16/2000 -- A major new class action lawsuit was filed today in U.S.
Federal Court in San Francisco seeking the refund of over $800 million in
Internet domain name registration fees and an additional $900 million in
antitrust damages from Network Solutions, Inc. The eight named plaintiffs
contend that the 1995 "Cooperative Agreement" between NSI and the National
Science Foundation violates the taxing and commerce clauses of the U.S.
Constitution by permitting NSI to collect a $70 fee for every Internet
domain name registration, plus $35 yearly "renewal" fees. The suit also
alleges that the fees constitute an unlawful taking under the
Constitution, and also violate the Administrative Procedures Act and the
User Fee Statute.

Full story at <http://biz.yahoo.com/prnews/000316/dc_aira_la_1.html>

--
Best regards,
John Navas     <http://navasgrp.home.att.net/>
CABLE/DSL TIPS:  <http://navasgrp.home.att.net/tech/cable_dsl.htm>

 
 
 

Network Solutions (NSI) sued for $1.7 billion

Post by Reality is a point of vi » Fri, 31 Mar 2000 04:00:00



 | 3/16/2000 -- A major new class action lawsuit was filed today in U.S.
 | Federal Court in San Francisco seeking the refund of over $800 million in
 | Internet domain name registration fees and an additional $900 million in
[...]
 | Full story at <http://biz.yahoo.com/prnews/000316/dc_aira_la_1.html>
 +----

[...]
        ``based on NSI's failure to observe the Internet
        protocols delimiting the top level domains '.com,' '.net' and
        '.org' to, respectively, commercial entities, Internet service
        providers, and non-profit associations.'' Bode stated that,
        ``this fee-multiplying scheme was beyond NSI's contractual
        authority, and also in violation of constitutional and
        statutory protections.''
[...]
        Sartori went on to say that, ``The most outrageous action has
        been NSI's abandonment of the demarcation among the ''.com,``
        ''.net,`` and ''.org`` top level domain names.
[...]

That's funny.  A few seemingly knowledgeable people have said
'huh' when the .com, .net and .org demarcation was brought up.

So, has this lawsuit been tossed yet?

--

Privacy on the net is still illegal.
<a href=http://www.ibm.com/GNU/Linux>heh</a>

 
 
 

1. Kremen Gets to Sue NSI Over Bad Domain Transfer

(The legal decision is well worth reading. and it's pretty close to being
in English as opposed to legalese ...)

Summary: Way back, Network Solutions, Inc. (NSI) was the only game in
town for registering domain names.  Kremen registered sex.com, but a
couple of years later NSI slipped up and gave it to Cohen in response
to a forged letter even more transparent than the Niger uranium
documents. It took Kremen five years of court action to get it
back. Oh, and Cohen took off for parts unknown (possibly hiding in
Mexico).

Kremen tried suing NSI for damages. He was turned down in lower court,
but was just reinstated on appeal by the Ninth Circuit.

Key excerpts (cut and pasted from pdf):

        "Exposing Network Solutions to liability when it gives away a
registrant's domain name on the basis of a forged letter is no
different from holding a corporation liable when it gives away
someone's shares under the same circumstances.

        "Network Solutions made no effort to contact Kremen before giving
away his domain name, despite receiving a facially suspect letter from a
third party. A jury would be justified in finding it was unreasonably
careless.

        "Cohen is obviously the guilty party here, and the one who
should in all fairness pay for his theft. But he's skipped the
country, and his money is stashed in some offshore bank account.
Unless Kremen's luck with his bounty hunters improves, Cohen is out of
the picture. The question becomes whether Network Solutions should be
open to liability for its decision to hand over Kremen?s domain
name. Negligent or not, it was Network Solutions that gave away
Kremen's property. Kremen never did anything. It would not be unfair
to hold Network Solutions responsible and force it to try to recoup
its losses by chasing down Cohen.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/opinions+by+date?Open...

_____________________________________________________
Knowledge may be power, but communications is the key

[to foil spammers, my address has been double rot-13 encoded]

2. Sound

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4. No Disk in Drive Error when Start Money

5. (fwd) PGP Media Sues NSI To Open the Domain Name Registration Market

6. Office 2000

7. NSI gets sued an eighth time for threatening to cut off a domain name

8. Your Thoughts on AI Jobs

9. Another domain name owner sues NSI

10. How many times NSI has been sued, redux

11. Getting NSI to update Whois for non-NSI registrars