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I read this article in todays FT ,seems like the USA still thinks it rules
the World (I am sorry to those Americans in this forum but sorry it does'nt !) .
http://www.ft.com/cms/s/0/40b630d2-b...nclick_check=1
More importantly how long will it be before the US extradites some domainers who own domains that violate trademarks ?? Just a thought ,knowing how aggressive the US is in enforcing . Of course USA does not allow UK to extradite anyone from USA but then thats our special freindship I guess. Do I sound P'd off ?. To be honest couldnt give a damn about the scamming Chinese,just the underlying principles.
DG
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The guy is accused of corporate espionage. What makes you think he should be untouchable?
This has what to do with domaining? Trademarks?Originally Posted by domaingenius
Sorry, I fail to see any relevant point here other than the fact that you want to make a point.
American or not, a criminal jumping bail and fleeing...shocking news.
"Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom
The main point I was wanting to make is that it is not too far a leap for the US authorities to issue an extradition request for any foreign domainer who makes a habit of registering TM domain names, or pisses off the wrong US Company
DG
This is quite a stretch and assumption.
Most countries are not going to go to the limits of extraditing someone. That is what the Madrid Protocol is all about. It sets legal standards and guidance about protecting TM on international and national brands.
So it is not a matter of the US doing what is right it is a matter of all global economies and commerce protecting their brands and rights.
Your assumption is just as absurd as me being extradited to Germany to face a court of law because I have a couple of domains with the word Olympics in it and this is a registered TM in Germany.
"Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom
That's a naive assumption. The person on the run committed a series of punishable crimes that fall under the umbrella of global law. Depending on the extradition agreement between the countries in question, he may or may not be extradited. In a similar case, a British man hacked US computers and is extraditable for this crime.
To answer OP's direct question, trademark violation is a civil matter anyway. There's no way any country is going to get an extradition for that. As Acro points out, there's a difference between that and criminal offences like hacking.
Hmm,pray tell me WHERE did you get "hacking" from, coz it sure wasnt from the article I was referring to??????????. The guy they wanted to extradite from the UK to USA had commited several copyright "thefts" and copyright is not too far from trademark infringement .
DG
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Copyright thefts may infer piracy of copyrighted material like DVD's. If copyrighted materials are stolen, forged, and then resold then this could certainly go into the Hundreds of Thousands of dollars. But it is not limited to DVD's and CD's. Designer cloths and other items.
Then we are looking at a whole different class of crime that would potentially lead to extradition.
TM violation?
Might get the crap out of you fined. Unless of course you're making fake Cadillacs and selling them.
Personally I do see a very big distinction and spread between copyright theft and TM violation.
If I forge and sell fake Picasso's, I have infringed upon intellectual and artistic copyrights.
"Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom
Surely more to the point here is WHEN is the US going to act and allow US citizens to be extradited from the US to Britain for crimes that they extradite British citizens from Britain to the US?
This is what gets many Brits angry, the double standards involved. No extradition laws should be enforcible until reciprical laws are in place in the US and enforcible in the US!
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How many do you want?
I can start putting a list together.
"Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom
First - yes, the extradition rules are lopsided. As you probably know, this has to do with the situation in Northern Ireland more than anything else.WHEN is the US going to act and allow US citizens to be extradited from the US to Britain
Second - criminal copyright infringement, theft of secrets, and so on, are the subject of specific criminal laws. That is a different kettle of fish than trademark infringement - which is entirely civil.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
Dunno about extraditions, but it is only a matter of time before some serial cybersquatter somewhere is charged under civil or criminal RICO.
That will be very interesting when it happens.
The US has a 'unsaid' policy of just picking up and detaining people it wants to even without extradition treaties or any respect for another countries international border / law.
If they even pick up a domainer you can be sure we'll never even hear about it...
But I think they only go after people who can cause major physical harm to the country or its citizens, not sure commercial 'harm' qualifies.
Yes exactly. To be honest I did not mean to start a US v UK thread because I see Politics as being run by people from a different planet to us mere domainers and they are mostly thick twats like Blair and ... But at the same time there is a but of one sided nature to the extradition arrangement that we in UK get annoyed about because it looks like Bush is taking the P out of us (i.e. treating us as gullible mugs) . Really the reason for my post in first place was because I am concerned that the use of extradition for copyright breach is a not at all the use of extradition that was originally proposed, i.e. terrorism, and more importantly it seems that it is not that far above TM/IP violation.
Anyway I guess this thread should be ended now.
DG
But respectfully John you will note that this Chinese guy was, according to the article, being pursued Civilly and not criminally ,until they probably got fed up with the chase and brought in the big guns.
DG
Last edited by domaingenius; 01-12-2008 at 04:13 AM. Reason: Automerged Doublepost
I don't want to get into this debate because i know it will be a long one but i want to make my point clear that USA thinks its rules the world and they think of themselves only and this one sided extradition is not limited to Britain either and i surely don't support this Big Brother attitude from USA Govt towards UK or any other country.
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