Big Publishing Group demands my domain, PART 2
Sunday, January 29, 2006
This is a continuation of my post: Big Publishing Group demands my domain.
I have been exchanging emails with the WIPO regarding the complaint from Planeta Agostini demanding my domain deusto.com. They presented the complaint in Spanish, which I challenged. The WIPO, in principle, decided that because the Registration Agreement I had was in English (I registered the domain while I was living in Belgium in 1997 via a US based registrar), the language to be used would have to be in English, as stated in their own rules and regulations.
But, for some reason, they reverted that decision. Planeta Agostini argued that the reason for me to ask for the complaint in Spanish was to delay the whole process. Also, that I am living in Spain, and that previous communications had been in Spanish. After these argumentations, the WIPO decided to accept them the complaint in Spanish !!! They also added that I could reply in English if I wanted to do so, and that later on, the Panel would decide the language of the proceedings.
I replied over the weekend again to the WIPO, absolutely confused with their decision. First, the language of the proceedings has nothing to do with the place where I am living now, according to their own rules, unless both parties agree to it, or to the language or previous communications, which never existed, since I never talked to them (although I had a lawyer for a while that talked to them in Spanish, and that I cannot afford to use anymore). And secondly, the delay would only affect me, because I am the only one with the domain suspended !!.
I feel defenseless if the claim is accepted in Spanish, as I told them. If the claim is accepted in English, I know I can resort to thousands of net users and fellow webmasters to help me write a response in a wiki that I have ready to start. And I've already got several lawyers offering their services free if the wiki doesn't work. But if the complaint is accepted only in Spanish, I know the number of people willing to help will be much less. I have had only one Spanish lawyer offering his help for free, and with the condition of remaining anonymous (you know who you are and I thank you). I guess people in Spain are concerned about helping me in this matter because the other party is a big company, very influential in Spain. They control a dozen publishing houses, a couple of newspapers and one of the country's biggest TV channel.
I am waiting for the response from the WIPO on my request to only accept the complaint in English. I guess they have to do it, as per their own rules. I will let you know what happens. And once I have the official complaint and it is accepted, I will posted in my page so we can all prepared the response jointly.
Thank you very much to all of you for your support. This is becoming an amazing ride.
To be continued ....... :)
(I keep explaining this fight in English in http://wolfb.com
and in Spanish in http://minilobo.com, and I have to do it after my day job)
I have been exchanging emails with the WIPO regarding the complaint from Planeta Agostini demanding my domain deusto.com. They presented the complaint in Spanish, which I challenged. The WIPO, in principle, decided that because the Registration Agreement I had was in English (I registered the domain while I was living in Belgium in 1997 via a US based registrar), the language to be used would have to be in English, as stated in their own rules and regulations.
But, for some reason, they reverted that decision. Planeta Agostini argued that the reason for me to ask for the complaint in Spanish was to delay the whole process. Also, that I am living in Spain, and that previous communications had been in Spanish. After these argumentations, the WIPO decided to accept them the complaint in Spanish !!! They also added that I could reply in English if I wanted to do so, and that later on, the Panel would decide the language of the proceedings.
I replied over the weekend again to the WIPO, absolutely confused with their decision. First, the language of the proceedings has nothing to do with the place where I am living now, according to their own rules, unless both parties agree to it, or to the language or previous communications, which never existed, since I never talked to them (although I had a lawyer for a while that talked to them in Spanish, and that I cannot afford to use anymore). And secondly, the delay would only affect me, because I am the only one with the domain suspended !!.
I feel defenseless if the claim is accepted in Spanish, as I told them. If the claim is accepted in English, I know I can resort to thousands of net users and fellow webmasters to help me write a response in a wiki that I have ready to start. And I've already got several lawyers offering their services free if the wiki doesn't work. But if the complaint is accepted only in Spanish, I know the number of people willing to help will be much less. I have had only one Spanish lawyer offering his help for free, and with the condition of remaining anonymous (you know who you are and I thank you). I guess people in Spain are concerned about helping me in this matter because the other party is a big company, very influential in Spain. They control a dozen publishing houses, a couple of newspapers and one of the country's biggest TV channel.
I am waiting for the response from the WIPO on my request to only accept the complaint in English. I guess they have to do it, as per their own rules. I will let you know what happens. And once I have the official complaint and it is accepted, I will posted in my page so we can all prepared the response jointly.
Thank you very much to all of you for your support. This is becoming an amazing ride.
To be continued ....... :)
(I keep explaining this fight in English in http://wolfb.com
and in Spanish in http://minilobo.com, and I have to do it after my day job)
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