Massachusetts
13 February 2017
Reporter: Barney Dixon
EFF slams proposals for UDRP-style copyright infringement system
The Electronic Frontier Foundation (EFF) has slammed the Domain Name Association’s (DNA) proposal for a third-party copyright infringement system, calling it “ill-conceived” and “the very epitome of shadow regulation”.

According to the DNA, the voluntary system works in a similar way to the UDRP for trademarks.

DNA’s proposal came as part of its Healthy Domains Initiative, which aims to encourage “sound stewardship of the internet namespace” through consultations with various industry players, including law enforcement authorities and content providers.

The other proposals included addressing online security abuse, enhancing child abuse mitigation systems and streamlining complaint handling from illegal or ‘rogue’ online pharmacies.

But the EFF warned: “Any voluntary, private dispute resolution system paid for by the complaining parties will be captured by copyright holders and become a privatised version of the failed internet censorship bills SOPA and PIPA.”

“The Healthy Domains Initiative proposal was written by a group of domain name companies. They include Donuts.”

“Donuts has taken many steps that serve the interests of major corporate trademark and copyright holders over those of other internet users.”

“These include a private agreement with the Motion Picture Association of America to suspend domain names on request based on accusations of copyright infringement, and a ‘Domain Protected Marks List Plus’ that gives brand owners the power to stop others from using common words and phrases in domain names—a degree of control that they don't get from either ICANN procedures or trademark law.”

Mason Cole, vice president at Donuts and chair of the Healthy Domains Initiative committee, said that the proposal would address “pervasive and systemic copyright infringement”.

According to the Healthy Domains Initiative committee, the system’s “legal construct must be sound”. It must accurately reflect applicable law, be flexible in the face of copyright laws varying among jurisdictions, ensure due process for respondents and that complaintants pay panel fees, and not allow registries or registrars to be named as parties.

More Copyright news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Elsevier wins $15 million settlement
26 June 2017 | New York | Reporter: Barney Dixon
Elsevier has received $15 million in damages in its copyright infringement lawsuit against Sci-Hub, the Library Genesis project and a number of other sites
Trio sentenced over piracy business
26 June 2017 | London | Reporter: Barney Dixon
Three men have received suspended prison sentences for illegally distributing copyrighted content, costing more than £2.5 million
Dancing Baby will be neither seen nor heard
21 June 2017 | Washington DC | Reporter: Barney Dixon
The US Supreme Court has denied certiorari in the infamous ‘Dancing Baby’ copyright infringement case
Deadpool uploader arrested
20 June 2017 | Los Angeles | Reporter: Mark Dugdale
A man in California has been arrested on charges of criminal copyright infringement for allegedly uploading a copy of the Deadpool movie to Facebook
Netflix, Amazon and Disney help launch anti-piracy coalition
19 June 2017 | New York | Reporter: Barney Dixon
Netflix, Amazon and Disney are among 30 companies involved in the launch of the Alliance for Creativity and Entertainment
Operation Creative causes 87 percent drop in infringing ad revenue
15 June 2017 | London | Reporter: Barney Dixon
The operation gives gambling operators access to an up-to-date list of copyright infringing sites through PIPCU’s Infringing Websites List
CJEU confirms The Pirate Bay does communicate to the public
15 June 2017 | Luxembourg | Reporter: Mark Dugdale
The Pirate Bay, as a P2P network that indexes infringing content, is engaging in communications to the public under the Copyright Directive