Go Daddy Going To Court in India over Copyright/Trademark Infringement

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Go Daddy is going to have to go to court in India regarding a claim by the National Stock Exchange and their online trading platform. It is hard to see how Go Daddy has liability in this case as they are not profiting from the sales of software, but I am not a lawyer and I am not well versed in Indian law.

LiveMint reported:

Mumbai: The National Stock Exchange (NSE) has dragged global domain name registrar GoDaddy and a Hyderabad-based technology firm to the Bombay high court over alleged copyright and trademark infringement of its software.
The case relates to NSE’s online trading platform NOW, which allows its subscribers to view and use its database and analysis based on primary data, to execute trades in real time, for a fee. The platform has over 500,000 subscribers.
In its plea, NSE, along with its group firm DotEx International Ltd, has alleged that Hyderabad-based Manshi Systems had been allowing customers to access the NSE Now platform and data available on it via its own software at prices far lower than those charged by NSE. This is being done without authorization from the stock exchange, it said. The website of Manshi Systems is hosted by the Indian arm of GoDaddy Operating Co. Llc, making both parties to the case.
Experts said GoDaddy could be liable under the Information Technology (IT) Act, 2008.
Pavan Duggal, a cyber law expert, said, “Both the companies (GoDaddy Llc and GoDaddy India) are covered under the IT law as intermediaries. All intermediaries are mandated to exercise due diligence while discharging their obligation under the law. Here the onus will be upon the intermediaries to prove in the court that they had exercised due diligence to safeguard against copyright infringement.”
Duggal said had the due diligence been done, the activity (hosting Manshi Systems) would not have taken place. “Both the companies could be liable under the Copyright Act and IT Act,” he added.
This looks to be a different kind of case than what we normally see when someone brings the registrar into the mix. We just saw Go Daddy get out of the TeXXXan.com case under 47 USC 230.  This of course is in India and relates to an act that was passed in 2008.

Go Daddy Off The Hook in Revenge Porn Case

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So back in January of 2013 a class action suit was filed against the revenge porn website  Texxxan.com, GoDaddy who hosted the website, its uploaders and its subscribers. Eric Goldman who regularly contributes to Forbes on intellectual property law and Internet law, said at the time he felt the case was weak. Now to give some context Mr. Goldman has been a staunch proponent of 47 USC 230, section 230 of the the Communications Decency Act, he has been worried that with the recent cases involving revenge porn that some may try to create new laws which circumvent or become an exception to section 230.

Goldman writes:

A New Federal Crime? To get around Section 230, revenge porn advocates want to create a new federal revenge porn crime. This wouldn’t help the plaintiffs directly in the lawsuit–only the government can prosecute crimes–but it would expose GoDaddy and many other service providers to potential criminal liability (i.e., jail time) for the bad acts of their customers’ users. A new crime like that could have significant collateral consequences on legitimate activity, as GoDaddy and other vendors become overly conservative to avoid any risk of betting their liberty. So, while the law currently makes it clear that web hosts aren’t liable for the malfeasance of their customers’ users, a new federal crime almost certainly would fundamentally change that calculus.

Originally a Texas state trial court had ruled that Texxxan’s web host, GoDaddy, was liable for hosting the site. That has now been overturned as a Texas appellate court ruled that Go Daddy is exempt under section 230.

From the Forbes article:

GoDaddy was Texxxan.com’s web host. As a result, GoDaddy didn’t directly interact with the true bad actors, the people who submitted the revenge porn for publication. Instead, the plaintiffs allege that GoDaddy didn’t pull the plug on Texxxan.com, its hosting customer, fast enough. That kind of argument is exactly what Section 230 was supposed to preempt.

To get around Section 230, the plaintiffs argued that Section 230 didn’t apply to intentional torts, obscene material that isn’t constitutionally protected, and civil lawsuits based on criminal statutes. The plaintiffs also argued that GoDaddy didn’t follow its user agreement. The court decisively says that none of these arguments work:

All of plaintiffs’ claims against GoDaddy stem from GoDaddy’s publication of the contested content, its failure to remove the content, or its alleged violation of the Texas Penal Code for the same conduct. Allowing plaintiffs’ to assert any cause of action against GoDaddy for publishing content created by a third party, or for refusing to remove content created by a third party would be squarely inconsistent with section 230.

Read the full article here

Now Goldman does just not want to see Go Daddy protected, he is not a fan of revenge porn but does not think section 230 should be changed. He points out how just about every major company that deals in user generated content, came to the aid of TheDirty when they lost a case (which is being appealed) to a former Cincinnati Bengals cheerleader who herself ran into problems by sleeping with an under age student in her class.

The facts in this case are stranger than fiction, which makes this case an Internet Law classic. The lawsuit is against a website, TheDirty.com, run by Nik Lamas-Richie (f/k/a Hooman Abedi Karamian). TheDirty allows users to submit gossip, which is often about young women and often mean-spirited and misogynistic. Richie selects some user posts, typically adds brief remarks (a sentence or two of snark), and then posts the selected submissions to his website. Due to its large readership and good Google indexing, being featured on TheDirty has the potential to be life-altering.

The plaintiff is Sarah Jones, a former teacher and NFL cheerleader (she was a “Ben-gal”). Jones was featured on TheDirty twice, including allegations that she had a sexually-transmitted disease and had sex with an entire pro football team. Initially she sued the wrong website, TheDirt, and won a multi-million dollar but worthless default judgment. Correcting the error, she subsequently sued TheDirty for defamation.

Normally, lawsuits like Jones’ are preempted by a federal law, 47 USC 230 (Section 230), that says websites aren’t liable for third party content. Section 230 has been referenced in hundreds of cases, most of which have cleanly and unambiguously applied the law to protect websites from liability–even if they exercise editorial control, and even if they know the content could be defamatory. For more on why the Section 230 immunity has been so effective, see this essay.

Despite these legal precedents, in January 2012, the district court rejected TheDirty’s Section 230 defense in a slight and confusing opinion. This allowed the case to go to a jury trial. In the interim, Jones ran into serious legal trouble of her own because she had sex with one of her under-age students. In October 2012, she pleaded guilty to a felony. In a (romantic?) twist, in June 2013 she got engaged to the victim of her crime.

Despite Jones’ criminal behavior, in July 2013 the jury awarded Jones $338,000 in damages (a nice engagement present!). Jury instruction #3 said the jury should hold Richie responsible for users’ submissions–basically, the instruction told the jury to ignore Section 230. For more about the jury award, see TheDirty’s official statement in response to the jury award.

You can read that full article here.

Go Daddy/Afternic Sells $2million in domains for the week

GoDaddy and Afternic’s reportable weekly domain sales for the week of 3/31/14 – 4/6/14.

Total domain sales for the week summed to $2,042,237

The top sale was TailLights.com at $39,200, the domain was registered in 2001 and currently does not resolve. For .us fans Taillights.us dropped and is currently available.

Awesome.de sold for $10,000 and was the top non – com sale.

In thee it matters what the buyer needs department, there was a NNN.net (934.net $1200) sale that sold for only $50 more than a NNNN.net (3210.net $1150)

.COM Sales Price
taillights.com $39200
betm.com $32000
adster.com $20000
SUPERLIFE.com $19000
corporateconnect.com $18500
hokulea.com $15000
sweatershop.com $13000
HGMLS.com $10000
socialwifi.com $10000
starcrunch.com $9000
vidamp.com $8800
topcosales.com $8500
boxi.com $8128
safetynetting.com $7995
UNYQ.com $7950
worsttofirst.com $7500
OnlineRatings.com $7000
wetrip.com $7000
workshopx.com $6000
jabang.com $5801
derailment.com $5688
Unrestored.com $5600
paintmyroom.com $5590
ElegantRealty.com $5500
t1p.com $5500
toolmart.com $5400
intownhomes.com $5000
starkaraoke.com $5000
uvepoxy.com $5000
canadianpower.com $4999
outdoorforums.com $4800
IDLEHANDS.COM $4750
3dp4e.com $4635
makeupartists.com $4540
bid4real.com $4500
fitkom.com $4500
nutracor.com $4500
privateplacementlifeinsurance.com $4500
justjump.com $4488
mp3mixer.com $4388
stadiumevents.com $4388
successfulmom.com $4388
mattressesforless.com $4200
casino-spiele.com $4000
katebaby.com $4000
mdlaboratories.com $4000
USURP.com $4000
housespace.com $3995
stakan.com $3988
4054.com $3900
premiumparty.com $3888
givequick.com $3688
intouchservices.com $3688
mobileconverter.com $3688
productconfigurator.com $3688
freelogoservice.com $3625
splashe.com $3588
4mygirl.com $3500
autoincentives.com $3500
drugdamages.com $3500
akpartners.com $3488
crescentconsulting.com $3488
webcompanion.com $3488
moonmaker.com $3288
EMAILREPLY.com $3250
perfectpots.com $3200
classicfixtures.com $3088
augustpartners.com $3000
cashforclunkersfacts.com $3000
classifind.com $3000
puris.com $3000
talkcontent.com $3000
teammachine.com $3000
theultimate.com $3000
warriorfitness.com $3000
goddesscity.com $2999
BizWest.com $2995
carloanuk.com $2949
familynewsletter.com $2900
pegasusbooks.com $2800
torva.com $2800
lendingcrowd.com $2645
srna.com $2600
timerich.com $2600
sweetheartbakery.com $2590
econverter.com $2588
greg-j.com $2550
1800lockout.com $2500
beliefwear.com $2500
bethditto.com $2500
celebritydbag.com $2500
goips.com $2500
jonbell.com $2500
powerabs.com $2500
privatefloodinsurance.com $2500
organicfinder.com $2499
prostatecancerbiopsy.com $2499
contentarchitecture.com $2488
show2go.com $2450
vrserver.com $2388
americanhomebuyers.com $2288
mustangelectric.com $2195
billionaireblueprint.com $2188
yourwesterndecor.com $2185
thecreativecircle.com $2100
detroitrental.com $2088
nationalsteelfabrication.com $2088
pubdesign.com $2088
aengus.com $2000
bbqbear.com $2000
CrazyBike.com $2000
fashionfiesta.com $2000
firstusfinancial.com $2000
lusir.com $2000
naturalseduction.com $2000
oceanstorage.com $2000
pizzaromana.com $2000
prestamosrapidos.com $2000
savvyrue.com $2000
socialleagues.com $2000
soundsync.com $2000
thepastashoppe.com $2000
truckdriverjob.com $2000
wearevolleyball.com $2000
ylsg.com $2000
420fest.com $1999
sugarnote.com $1999
independententertainment.com $1988
karmavision.com $1988
customtotes.com $1900
ewasteusa.com $1900
loanpool.com $1900
loveriding.com $1900
smartconverter.com $1900
gassign.com $1899
CSMInc.com $1888
explorationdata.com $1888
lilthings.com $1888
lineofscrimmage.com $1888
onlinezip.com $1888
prostatecancerradiation.com $1888
purchaseflowersonline.com $1888
sunlooks.com $1888
sunsavvy.com $1888
susancrenshaw.com $1888
mastersofchange.com $1820
labosco.com $1813
25percent.com $1800
automotivespecialoffers.com $1800
calculatearea.com $1800
ValueGraphic.com $1800
phillipswholesale.com $1799
viralblast.com $1795
williammontgomery.com $1788
GRANITELOANS.COM $1750
helloname.com $1750
shannonbeador.com $1700
talkingyoga.com $1700
onlineimageeditor.com $1699
discounttobacco.com $1688
newhomespot.com $1670
austinlandscapesupply.com $1650
wikiweed.com $1650
discounthangers.com $1649
EPPRAISE.COM $1625
databahn.com $1595
towber.com $1588
turboabs.com $1588
marijuanamall.com $1575
dream-dictionary.com $1550
arcadegamestop.com $1525
bungalowsforsale.com $1520
360Protection.com $1500
ajaxglass.com $1500
alge-stop.com $1500
golfid.com $1500
hodgesrealty.com $1500
walkergroup.com $1500
watchesmarket.com $1499
talkdallas.com $1495
professionalsprogram.com $1488
westlandapartments.com $1449
42111.com $1425
pennyweightonline.com $1425
myroadie.com $1400
flyphoto.com $1375
gamezdownloadfree.com $1350
fallonnv.com $1310
gallico.com $1300
hotelnearme.com $1300
moneymakingexpert.com $1300
blueskytitle.com $1299
goodtimesbar.com $1288
dcnewspress.com $1276
bestmailingprogram.com $1267
homeshoring.com $1250
huntlease.com $1250
locksmithnearby.com $1250
leglengthening.com $1249
zeelu.com $1249
orsim.com $1225
datahelix.com $1200
guestx.com $1200
immersivegames.com $1200
i-saved.com $1200
sdf-solar.com $1200
searchmatic.com $1200
WEARECHOCOLATE.com $1200
ylovers.com $1199
hearthunters.com $1195
beathairloss.com $1188
magicfinger.com $1188
palmbeachremodeling.com $1188
globaladvisers.com $1155
DiscountDungeon.com $1150
jasonhines.com $1150
masseyrealty.com $1150
ammoreloading.com $1149
awaia.com $1149
golfingexecutives.com $1149
catchride.com $1100
elitetechnology.com $1100
mdondemand.com $1100
fabricgeek.com $1088
kidsaction.com $1088
singlemomsrock.com $1088
alfonsomarina.com $1080
cristen.com $1077
emiliewilliams.com $1077
calculatevolume.com $1049
giavanna.com $1010
12688.com $1000
antihostel.com $1000
approvia.com $1000
aspasia.com $1000
babcockenterprises.com $1000
crashmob.com $1000
ediblemarketing.com $1000
experienceargentina.com $1000
hairpainting.com $1000
immortalia.com $1000
livesexadvice.com $1000
piannelli.com $1000
sandbums.com $1000
shoecarousel.com $1000
superwelcome.com $1000
unixon.com $1000
whosgottalent.com $1000
Non .COM Sales Price
awesome.de $10000
healthyheart.org $8200
netting.org $3500
pract.us $3000
y5.net $2650
capitalist.net $2600
ybe.co $2490
rapanui.net $2088
bank.solutions $2000
vro.co $2000
starsong.net $1999
houseofgems.net $1626
dmhs.net $1600
240inpratica.net $1500
comst.org $1500
danve.net $1500
equy.net $1500
pooch.me $1500
maverick.biz $1499
queenb.org $1350
resell.info $1350
istanbul2010.org $1325
medfile.net $1288
ejournals.net $1245
934.net $1200
spot.info $1200
homerehab.net $1188
christiansandclimate.org $1175
3210.net $1150
woa.org $1051
ecotalk.org $1035

Go Daddy/Afternic Sells $1.9 million in domains led by iAcademy.com

Go Daddy/Afternic sold $1,940,630 in domains for the week of  3/24/14 – 3/30/14.

The top sale was iAcademy.com for $55,000. The domain was sold by Frank Schilling’s Name Administration.

The top non .com sale was Pod.ly for $6,500

.COM Sales Price
iacademy.com $55000
sptv.com $22000
hc2.com $20000
knod.com $18000
tradebase.com $14560
oodledo.com $13000
partnercloud.com $13000
musicmark.com $12750
iedm.com $10800
getwiser.com $10000
investmentlife.com $10000
main-street.com $10000
sandiegoart.com $10000
bcoin.com $8103
noexam.com $7500
socialact.com $7500
zoomworks.com $7125
mrkitchen.com $6500
spinalregeneration.com $6500
twined.com $6500
eatsa.com $6000
colourstyle.com $5500
eteris.com $5077
consumermedical.com $4999
doctorshield.com $4999
gogreengardens.com $4995
everymarket.com $4985
420today.com $4980
theatreclub.com $4950
xync.com $4900
careerclarity.com $4800
commanderinchief.com $4800
iciciprumf.com $4750
wwwteslamotors.com $4750
carolinapower.com $4500
ccjobs.com $4500
elira.com $4135
adventurefilms.com $4088
crimecenter.com $4088
cashformula.com $4000
diskrepair.com $4000
ebonylove.com $4000
identcity.com $4000
teachertoolbox.com $4000
mehealth.com $3995
carclarity.com $3750
vrtechnology.com $3688
3is.com $3500
amsterdamtickets.com $3500
dsbmobile.com $3500
pricere.com $3500
worldcoaching.com $3500
generationnext.com $3499
theadministrator.com $3499
urinarycontrol.com $3477
fundingsuccess.com $3388
koncrete.com $3388
ogpro.com $3300
carolinaheat.com $3288
bakerite.com $3275
beerteeshirts.com $3250
trashcompactors.com $3161
renation.com $3140
pclan.com $3088
blockersfurniture.com $3000
catalog360.com $3000
creeplepeeple.com $3000
esportscenter.com $3000
intellijidea.com $3000
megazip.com $3000
mkcg.com $3000
myrts.com $3000
usaskateboarding.com $3000
walkathon.com $3000
plrvideos.com $2997
energyplanners.com $2888
fancybid.com $2800
csllc.com $2750
syncera.com $2750
eventplex.com $2730
malaysiatravel.com $2700
icelandjobs.com $2677
thinkprime.com $2650
superiorsupply.com $2521
mutualfundscreener.com $2502
10da10.com $2500
fsgroup.com $2500
heathernorth.com $2500
pixpot.com $2500
prenco.com $2500
quincegirl.com $2500
shaqab.com $2500
sproutedgrain.com $2500
tanques.com $2500
homeincomeonline.com $2499
usaplaces.com $2495
disruptivedesign.com $2488
giftvest.com $2400
willu.com $2400
lovemeet.com $2375
aussiekids.com $2373
mobilitywise.com $2346
campingsolutions.com $2329
urbanwaste.com $2300
teenentrepreneur.com $2299
ceylonsapphire.com $2250
hypercure.com $2188
mojocreations.com $2188
uniteddataservices.com $2188
vanreeth.com $2081
interactivekiosks.com $2070
accountforce.com $2000
aquagarden.com $2000
deepfoundation.com $2000
knomad.com $2000
prostockhockey.com $2000
saudization.com $2000
spendingforecast.com $2000
thegreensolution.com $2000
truerepublican.com $2000
powerr.com $1998
amatista.com $1900
inthecrowd.com $1900
legaltrek.com $1900
solignum.com $1900
trainingstats.com $1900
healthlawblog.com $1899
vorro.com $1898
djengineering.com $1888
edgewoodave.com $1888
querymanager.com $1888
resolutiontechnologies.com $1888
satoricoaching.com $1888
trtworld.com $1888
videoburst.com $1888
vrapplications.com $1888
vrentertainment.com $1888
waterwiselandscaping.com $1888
highshare.com $1877
reducethedebt.com $1869
connemaragroup.com $1850
pentameter.com $1850
besthotelproducts.com $1800
gbcw.com $1800
mustanghoods.com $1800
redeo.com $1777
completesuitefurniture.com $1760
cucpo.com $1750
o2x.com $1750
johnsonjobs.com $1749
tripledash.com $1700
newh.com $1600
marriageonfire.com $1590
ecodrivingusa.com $1575
efficacity.com $1550
reworld.com $1550
qiib.com $1525
cloudchat.com $1500
cobbled.com $1500
elementalhealing.com $1500
jopcl.com $1500
salesjunkie.com $1500
secondnest.com $1500
smartfinancials.com $1500
upscalehippie.com $1500
vip-world.com $1500
vrarcade.com $1500
spotio.com $1498
dnacouture.com $1495
enlivenedheart.com $1495
placeamerica.com $1495
awakenyourlife.com $1488
drugaddictiontreatmentguide.com $1488
worldmedicalguide.com $1488
faqtory.com $1425
therapyheals.com $1400
vacuumformingmachine.com $1399
therealestateco.com $1390
outagealert.com $1388
mostlytruestuff.com $1375
grendel.com $1369
contraryinvestorscafe.com $1352
countdown2zero.com $1350
meetbiz.com $1350
neucoin.com $1350
gohouseboating.com $1346
xiny.com $1325
bffpets.com $1300
plasticor.com $1300
sgwin.com $1300
nabit.com $1290
socialnative.com $1288
cailon.com $1250
modernmusicandmore.com $1250
expovirtual.com $1200
fairwayindependentmortgage.com $1200
makemoneyapp.com $1200
shortoftime.com $1200
spotstorage.com $1200
theartofjewelry.com $1200
100-percent.com $1199
thevintagegroup.com $1177
gameservice.com $1150
angelnails.com $1145
nimet.com $1136
sinodental.com $1123
4gmobile.com $1116
goodhealthyskin.com $1105
numoo.com $1100
autodealersource.com $1088
divorcedivas.com $1088
kfne.com $1088
localseniorliving.com $1088
logicm.com $1088
leohealth.com $1084
rapeface.com $1055
cbl-ly.com $1025
goodeforpresident2012.com $1025
recycletx.com $1006
alpha-man.com $1001
attention360.com $1000
avajames.com $1000
betausa.com $1000
cannacoffee.com $1000
carloshyde.com $1000
csalawfirm.com $1000
designerfurniturecollections.com $1000
environmental-engineering.com $1000
ezpouch.com $1000
fantasychampionship.com $1000
fitcontrol.com $1000
fun-hub.com $1000
galleycollection.com $1000
glennford.com $1000
intalks.com $1000
jackmartins.com $1000
mh370.com $1000
mhealthsummit.com $1000
mobilebet365.com $1000
physiciansresource.com $1000
qqwallet.com $1000
skinnydrinks.com $1000
thesocialmovement.com $1000
twotalk.com $1000
williamgolding.com $1000
Non .COM Sales Price
pod.ly $6500
multivision.net $5788
bulimia.net $5000
dayton.co $5000
youonline.net $4888
academic.net $3950
magazine.photography $3500
usat-montserrat.org $3500
ecoles.net $2888
vested.org $2800
diax.net $2500
followapp.net $2500
giveone.org $2500
autoreturn.net $2200
ourvoices.net $2188
hehe.me $2100
fluxo.net $1888
greenxchange.cc $1625
upstatefoundation.org $1625
tablet.menu $1575
lossprevention.academy $1565
ick.org $1500
shbu.org $1500
gobeyond.org $1299
gozone.net $1200
sirif.org $1200
condoloans.net $1154
elearning.systems $1136
scene.co $1000
trailer.me $1000

Go Daddy Sells 41,242 Domains in March Led by QY.com

Go Daddy Auctions Market Report – March 2014

Go Daddy sold 41,242 domains in March vs 37, 408 domains in February.

The top sale for the month was QY.com at $100,000. The February stats were changed in this report and Apple.net is now the top sale for February at $50,000. The most popular keywords sold were Online, Blog,Free,Design and Home.

(click to enlarge)

GoDaddyAuctionsMarch2014