Following the first dispute resolution by the South African Institute of Intellectual Property Law (SAIIPL), the .za Domain Name Authority (.zaDNA) expects hundreds of complaints to be lodged in the next few months.
Mike Silber, a board and management committee member of the .za Domain Name Authority, says many people have been waiting for the watershed ruling.
"It took us about six months after the alternative dispute resolution regulations were published to set up the processes, but we are now up and running."
SAIIPL, one of the .zaDNA service providers, announced its first ruling earlier this week. Dr Owen Dean, an independent adjudicator appointed by SAIIPL, dismissed the case.
The case revolved around a complaint by Melville van Niekerk of Mr Plastic (CC) against Gerry Evans, the original owner of Mr Plastic (Pty) Limited, over the use of the domain name which Van Niekerk believed constituted "abusive" registration. This term refers to a domain name registered to take unfair advantage of another person's rights, or to be detrimental to, or infringing, another person's rights.
While the complainant in this matter was unsuccessful, Silber says the case is significant, as it shows industry has the capacity to make decisions on domain disputes.
"Before this, people had to take disputes to the courts, which is a lengthy, costly process and the court cannot always deal with technical issues," says Silber. "With litigation you were taking chances."
.zaDNA charges R10 000 to adjudicate on .za domain name disputes, a much lower fee than it would cost to take the matter to court. However, the authority has received complaints that the fee is too high, says Silber.
"We are setting up a fund to assist people who cannot afford the R10 000, but we believe the fee is appropriate in terms of all the processes that have to be gone through and we will make sure it remains appropriate over time," he says.
Nominations wanted
Meanwhile, the Department of Communications has issued an invitation for nominations to the .za Domain Name Authority board.
The new board is expected to include representatives from the existing domain name community, and the academic and legal sectors. It will also include representatives from the science, technology and engineering sectors, the Internet user community, culture and language and the public sector, says department spokesman Albi Modise.
Communications minister Ivy Matsepe-Casaburri has appointed the independent selection panel that is to recommend nine individuals for appointment to the board.
Chaired by Sentech CEO Sebiletso Mokone-Matabane, the panel consists of Mike Lawrie, a .za administrator; Zodwa Manase, founder of Manase and Associates; and Allan Cawood, Dimension Data chief executive. Nominations close on Friday, 13 July.
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