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
Radiohead sue Lana Del Rey for copyright infringement
8 January 2018 | New York | Reporter: Barney Dixon
Radiohead are suing Lana Del Rey for copyright infringement, claiming that the Del Rey’s 2017 song Get Free was similar to their 1992 song Creep
Glosfer and Gemmy to create blockchain copyright protection platform
4 January 2018 | Seoul | Reporter: Barney Dixon
Blockchain firm Glosfer has signed a memorandum of understanding with copyright protection company Gemmy to create a blockchain-based copyright protection platform
Dish Network sues IPTV providers
4 January 2018 | Maryland | Reporter: Barney Dixon
US satellite TV network Dish has sued two IPTV providers, claiming that they profit from the unlawful retransmission of Dish TV channels
Spotify sued for $1.6 billion over copyrighted works
3 January 2018 | California | Reporter: Barney Dixon
Spotify has been sued for $1.6 billion by Wixen Music Publishing, which represents artists including Tom Petty, Neil Young and the Beach Boys
Facebook slams infringing content in first half of 2017
19 December 2017 | California | Reporter: Barney Dixon
Facebook removed more than 2.5 million pieces of copyright infringing content across its Facebook and Instagram social media platforms in the first half of 2017, according to the company’s annual transparency report
APLA and French police take down piracy site
14 December 2017 | Bordeaux | Reporter: Barney Dixon
A joint operation between French police and the ALPA has resulted in the closure of piracy streaming website, artv.watch
PSNI, HMRC and FACT seize 50 illegal streaming devices
08 December 2017 | Belfast | Reporter: Barney Dixon
A joint operation between UK enforcement bodies has resulted in the seizure of 50 illegal streaming devices