Quzhou first network domain name case: Why the Web site was "foreigners" registered

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Quzhou Daily December 25, "the dispute so quickly mediated success, but also lucky." "December 24, the Quzhou Intermediate People's Court judge Wu Yu mentioned four days ago mediation success of the first network domain name case, the words out of the lucky also expressed a helpless." Behind it, the story twists and turns.

July 29, 2004, in order to promote their own start-up machinery factory, Zhu MoU with the city of an information technology company signed the "Web site production agreement", agreed by Zhu a company to provide materials and pictures, information technology companies responsible for domain name registration, space leasing, website production, website promotion, website maintenance.

By October 2007, the contract expires, Zhu and the city of an information technology company to renew the website maintenance agreement. But make Zhu did not think is, this January, again in the computer entered their own registered network domain name, the site suddenly jumped out a beautiful photo, the network domain name unexpectedly on October 9, 2007 by others registered, become foreign English website.

The legal registration of their own network domain name is how to become a foreign website? Zhu immediately found the information technology company in charge of land. It turns out that the problem first came from a technician in the company. On the same day, the technician in the registration of a website to renew the note, due to the operation of the error, did not continue to note the success of their own do not know. And, more coincidentally, the website was registered by a U.S. company the next day. It is too late for information technology companies to find that the URLs are being registered.

After that, Zhu asked the information technology company to repurchase the registered Web site. However, as a result of the purchase of funds, information technology companies find it uneconomical, put forward to reapply for a new Web site for the compensation of Zhu. "Re-application of the Web site, which means that they have previously printed on business cards, brochures, etc. above the advertisement is all set aside." "In the face of their own losses, Zhu did not agree."

The two sides are deadlocked. This September 17, Zhu to the city of the court filed a lawsuit.

"This is the first case of Internet domain name since the city was built, even though the relevant cases can be found in the whole country." Wu Yu said that in the existing laws and regulations, the number of relevant legal provisions can be found, which brought difficulty to the case. In addition, considering that the computer domain name as a commercial identity, the losses caused by the actual obligee after being registered by others are difficult to measure, so from the beginning of the case, they tried to make the two sides reach a conciliation agreement.

In the process of conciliation, the information technology company has also taken active remedial measures, seizing the opportunity of the impact of the international financial crisis, through the successful negotiation with the third party of the U.S. domain name, the original 50,000 Yuan redemption price dropped to 10,000 yuan, compared to other domestic network service providers in the United States to redeem the price of the domain name is significantly lower, Laid the groundwork for the settlement of the agreement.

Finally, the two parties reached a conciliation agreement: by the information technology company will repurchase the domain name returned to the Zhu, and for the maintenance of the website for Zhu to the end of September 2009 and so on.

"It can be said that, if not in the face of financial crisis, the network domain name can not be redeemed at a low price of 10,000 yuan, then this dispute can not be resolved so quickly." Although this is a kind of luck, but such luck, itself is an embarrassment. Wu Yu to reporters that the case, the cause of the network domain name dispute is mainly due to the information technology companies on the domain name neglect, and led to the domain name by the United States third party, Zhu's legitimate rights and interests are damaged. In fact, such "negligence" can be avoided. This point, for our city is currently executing web site production agreement companies, enterprises, individuals, it is worth warning.

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