CENTR October Roundup Looks At Members, Zone Files And Afnic
Centr’s latest monthly roundup for October gives a summary of member updates, results from a Centr member’s survey on publication of zone files and an update on a court decision relating to Afnic stating they are not obliged to take precautionary measures. Plus there are now over 64 million domain names registered among full Centr members, an increase of 0.66 percent on September.
Member updates come from 14 members and associate members. The survey on publication of zone files asked registries a number of questions including if they provide a list of recently registered domain names (87% said they do not plan to provide this service), does the registry provide a full list of registered domain names (most do not) and does the registry provide a list of recently deleted domains (three-quarters of those who do not provide the service do not plan to).
The number of domain names registered among Centr members grew by 0.66 percent in October. The largest contribution to this growth in total numbers of registrations was .RU while in percentage terms it was .CY with 3.4 percent growth for the month.
On the Afnic decision, a summons was served to the .FR registry and to one of its registrars by 13 French companies concerning the registration of 129 domain names infringing the companies’ rights. The companies sought redress only against the registrar and Afnic as the Registry for the .FR TLD, without holding the owners of the aforementioned domain names liable for the infringement.
The decision on appeal of October 19, 2012 by the Paris Court of Appeal upheld the ruling of the Paris Ordinary Court of First Instance of August 26, 2009, and in particular it found:
- regarding the anonymity of Whois data, both at the Ordinary Court of First Instance and on appeal, Afnic’s liability was excluded, and its anonymous registration procedure was upheld by the Court of Appeal of Paris.
- concerning the suspension and blocking of the domain names, the Paris Court of Appeal confirmed that Afnic committed no fault in not blocking and in not suspending the domain names. The Court of Appeal further ruled that:
- Article L.45 of the French Electronic Communications and Telecommunications Act “does not oblige [the Registry] to suspend or block domain names or, in general, to take precautionary measures in cases of pre-litigation or litigation, any more than it grants [the Registry] the right to do so”.
For more information on the Afnic case, along with the Centr survey on the publication of zone files and Centr member updates, in the October roundup, go to:
centr.org/news/10-31-2012/2427/centr-monthly-roundup-october-2012-available
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