Don't forget
Ah...don't forget that the judge in the citi group case thought Nominet had given over all liability to the purchaser i.e. the judge wrongly assumed that the registrant became the owner.....
This is important because Nominet derive an ongoing benefit...they lease the domain name for a sum of money...this makes them jointly liable......
Nominet must take adequate steps to ensure that what they sell are lawful things, they are knowingly entrapping registrants.........they have been running the drs for years but have only updated the drs once!!!!!!!!!
BUT implications are big cause you have 30 odd legal experts (DRS experts), the PAB (includes DTI who runs Patent Office who issues Trade Marks and Trading Standards who looks after Unfair Consumer Contracts, Cabinet Office, Trade Mark Attorneys office)..........who have observed this DRS for years!!!!!!!!!!!!!!!!!!
And Gary if someone puts a 3 million word contract in front of you that contains opinions not clauses then you would not expect a legal expert (drs expert) to rule that you acted with abusive intent....if I was a professional legal person I would rule on my drs that I can't rule as Nominets contract has confused the registrant so much that under english law I can't show abusive intent even though in my legal mind i know the registrant has been abusive....it would solely be upto the registrant to decide 1) to hand the domain name over or 2) await a court order
LOL
