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Nominet sues Australian domain name scammers and wins

22 September 2004

Nominet, the .uk Internet domain name registry, today celebrates success in its Australian court battle against several parties accused of copyright infringement and breaches of Australian fair trade laws by issuing misleading notices.

The case was brought by Nominet following Nominet's discovery in January 2003 that its WHOIS database had been the subject of concerted data mining attacks.

The sheer scale of these assaults subsequently forced Nominet to suspend its WHOIS system for the only time in its six year history.  The attacks captured details of many .uk domain name holders and resulted in 50,000 registrants receiving misleading notices from "UK Internet Registry" regarding their domain name registrations.

Justice French said that the notices sent by UK Internet Registry were "nothing less than deceitful".

The judgment of Justice French in the Federal Court is a powerful precedent for Nominet and domain name registries worldwide.  The Court has confirmed and enforced Nominet's copyright in the .uk Register and WHOIS database.  The existence of these rights allows Nominet to prevent information on its databases being inappropriately used by third parties and reinforces Nominet's authority to impose terms and conditions on the use of the data it holds.

We are delighted by this result, particularly as it upholds our ability to protect information relating to .uk registrantssaid Nominet Managing Director, Lesley Cowley.  Naturally, we want to control use of the intellectual property that we hold and to have succeeded in protecting our copyright ownership is a significant outcome for us, the industry globally and for registrants who do not want to receive scam notices. By fighting, and winning, this case we are saying very clearly that scamming is a serious industry issue which will not be tolerated and anyone caught doing it will be pursued and brought to justice.

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