Fwd: Re: [ncdnhc-discuss] .biz lawsuit stalls

[Jonathan Weinberg]

         I can now answer Dave's question more fully.  In response to the 
Smiley lawsuit, Neulevel has announced that it is "returning" all 
applications for disputed names (that is, names for which there were 
multiple applications) to the registrars, to refund the associated fees to 
the applicants.  Neulevel will begin accepting new applications for those 
names in February, with no application fee, to be processed on a registrar 
round robin basis.

Jon

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>Date: Thu, 22 Nov 2001 15:01:15 -0500
>To: Dave Crocker <dhc2 at dcrocker.net>
>From: Jonathan Weinberg <weinberg at msen.com>
>Subject: Re: [ncdnhc-discuss] .biz lawsuit stalls
>Cc: "NCC Discuss list (E-mail)" <discuss at icann-ncc.org>
>
>At 11:21 AM 11/22/2001 -0800, Dave Crocker wrote:
>>At 10:54 AM 10/26/2001 -0400, Jonathan Weinberg wrote:
>>>         Actually, neither characterization is correct.  The lawsuit hasn't
>>>stalled, and it certainly hasn't ceased to be meaningful.
>>
>>Jonathan,
>>I was wondering whether a few weeks' reflection might have altered your 
>>opinion?
>
>         So far as I know, the status of the .biz lawsuit is as 
> follows:  [1] The litigation is proceeding; I don't know the precise 
> schedule.  [2] Neulevel is continuing to place all domain names for which 
> there were multiple applicants on registry reserve.  That is, Neulevel is 
> proceeding *exactly as if the preliminary injunction were still in 
> force*.  It sorta has to do this, as a practical matter, because it would 
> be in an awkward position if it were to award those names to particular 
> applicants, and later on the court issued a final order requiring it to 
> pull them back.  As a result, Neulevel isn't really in a position to 
> award the names until the case has settled or resolved.  If anyone on 
> this list has information about either [1] settlement talks, or [2] the 
> schedule of further legal proceedings, I'd be glad to hear it.
>
>Jon
>
>
>Jonathan Weinberg
>Professor of Law, Wayne State University
>weinberg at msen.com