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Archive for the ‘Domain law and domaining’ Category

In what is believed to be an Australian first, the Federal Court of Australia has allowed service of legal proceedings by Twitter.

Justice Marshall of the Federal Court, sitting in Melbourne, directed that a 17 year old girl, who has been the centre of attention in the ‘nude photo’ proceedings brought by football player Sam Gilbert, be served with a copy of an injunction by email and by twitter. In his Order, His Honour Justice Marshall said:

Notwithstanding the provisions the rules of O37 r2, the Applicant have leave to serve this order on the First Respondent by sending a copy of the order to the First Respondent by email at the address [email address suppressed in this blog post] and posting a copy of the order on Twitter addressed to the First Respondent at the Twitter account its [account name suppressed in this blog post] together with notice that an email containing the order has been sent to the First Respondent.

In an interlocutory hearing scheduled for 2:15pm 24 December 2010, the Applicant, Mr Gilbert, is seeking the following relief from the Court:

(a)        The First Respondent forthwith delete permanently and destroy all copies of the Photographs or any other photograph, image or video sourced from the computer of the Applicant which is in her custody, possession or power, whether in printed or electronic format and including without limitation copies stored on an internet account or website, computer hard drive, memory stick, mp3 device, camera, phone or in any other electronic repository or format.

(b)        Within 14 days after service of this order, the First Respondent make, file and serve an affidavit deposing to the steps taken to comply with the foregoing herein.

Earlier this year an Australian Court allowed service of proceedings via social networking site Facebook.

Typically these unusual methods of service are referred to as  ‘substituted service’, where a person cannot be served through traditional means such as by post or personal, as they cannot be located or are avoiding service. All Australian Courts have broad powers allowing substituted service.

Tags: Federal Court, IT Law, Media Law, Privacy, Privacy Law, Twitter
Posted in Domain law and domaining, General, IT Law, Privacy | Comments Off

In an auction conducted by Drop.com.au yesterday, domain name hardware.com.au sold for a record $33,333.

Hardware.com.au was an expired domain name which Bunnings forgot to renew. It is believed that the purchaser is Woolworths (through their advertising agency) who plan to start a competing hardware business in Australia.

No doubt heads will roll at Bunnings when they learn that a potential competitor has acquired the domain.

Values of .au names have increased dramatically over the past 12 months, however, many investors are still reluctant to invest money in .au due to heavy regulation, some of which amounts to censorship of content.

Tags: domain law, domain lawyer, domain name, domain name lawyer, IT Law
Posted in Domain law and domaining | 1 Comment »

We have more IT Law, Domain Law and Telecommunications Law posts coming soon.

Watch this space.

Tags: domain law, domain name law, IT Law, IT Lawyer, IT Lawyers, telecommunications law
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Privacy, Spam, Trade Practices Law, Uncategorized | Comments Off

Leading Domain Name Lawyer and Cooper Mills Director, Erhan Karabardak, has launched his campaign for the 2010 auDA (.au Domain Administration Ltd) Board Election.

Erhan brings more than a decade of  skill and expertise in domain name law and domain name regulation. In officially launching his campaign, he said:

I decided to run for the auDA Board to bring fresh experience, insight and ideas to the .au domain space. The auDA demand class directors have largely ignored small business and domain name registrants’ concerns in the past. I want to bring these concerns to the table and take positive action. I encourage members to vote for a fresh change and bring diversity to the auDA Board.

His campaign website can be found at www.vote1ek.com.au. The auDA AGM is to be held on 18 October 2010. Members wishing to support Erhan can (a) vote at the AGM; or (b) download a proxy form here, complete it (just tick the box next to Erhan Karabardak), and fax it back to Maddocks on 03 9288 0666, the deadline for lodging proxy forms if 5pm AEST on 14 October 2010.

Tags: auDA, Erhan Karabardak
Posted in Domain law and domaining, General | Comments Off

.au name space to become more secure with the rollout of DNSSEC

Details of the rollout of Domain Names System Security Extensions (DNSSEC) in the .au domain name space have recently been released by the au Domain Administration (auDA).

Developed in conjunction with the .au registry operator, AusRegistry, the plan consists of a five stage process to introduce DNSSEC into the .au Top Level Domain (TLD) and second –level zones, including com.au, net.au, org.au and asn.au.

DNSSEC is a security extension that facilitates the digital signing of internet communications. Implementation of the plan hopes to see additional protection against a range of vulnerabilities.  AuDA CEO, Chris Disspain has said in an auDA announcement that “DNSSEC can provide an extra level of security to help ensure that Australian internet users will be directed to the website or service they expect to enter when they enter a domain name into their browser.”

Implementation is scheduled to commence next month and allows for:

-          Experimentation and testing of core systems

-          The gradual signing of second level .au domains and the .au TLD

-          A trail implementation for .au domain registrants, and

-          Full protection rollout to registrants

A review to be undertaken by auDA’s independent Security and Stability Advisory Committee (SSAC), chaired by professor Bill Caelli from the Queensland University of Technology, will be conducted at the end of each stage.

The fifth, and vital stage of the implementation plan will be the active encouragement of Australian ISPs and domain registrants to adopt DNSSEC. auDA believes that the Australian Government will play a significant role in delivering to the ISPs, the message about the importance of DNSSEC for the security of Australia’s internet infrastructure.

We will keep you updated as the implementation process rolls out.

Tags: auDA, DNSSEC, domain law, domain lawyer, domain name, domain name lawyer, domainers, domains, IT Law, technology law, technology lawyer
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law | Comments Off

Cooper Mills Director and Domain Name Lawyer Erhan Karabardak has been appointed to auDA’s 2010 Name Policy Panel.

The Panel, will among other things, review existing auDA regulation concerning domain name eligibility. Erhan was previously a member of the 2004 Names Policy Panel.

The issue of domain name eligibility is one of the more contention issues in the .au space.

The Panel is due to hold its first meeting on September 14, 2010.

Tags: Cooper Mills Lawyers, domain law, domain lawyer, domain name law, domain name lawyer, Erhan Karabardak
Posted in Domain law and domaining, General, IT Law | Comments Off

Cooper Mills is proud to announce the launch of its new Brand Protection Service, www.TM.com.au.

Cooper Mills Lawyers, one of Australia’s leading IP, and domain law expert legal practices, today launched version 1.0 of its online brand protection service portal TM.com.au, giving both local and international clients online trademark registration services, and trademark monitoring and management services.

Cooper Mills Lawyers Director Erhan Karabardak said:

In order to meet the demands of both our local and international clients we have launched our online brand protection service, which will enable our clients to effectively monitor their intellectual property all in one convenient place. This service now brings online brand protection within the reach of all local and international businesses.

Cooper Mills expects to expand the product offering and functionality of TM.com.au over the coming months.

Tags: brand protection, domain name registration, trademark, trademark law, trademark registration, www.tm.com.au
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Uncategorized | Comments Off

Australian domain name regulator, auDA has called for nominations from interested and qualified persons to take part in the 2010 Names Panel.

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