Robin Gross wrote:
> Interesting read:
> http://www.knujon.com/ddb_master_draft.pdf
> ... <http://www.knujon.com/ddb_master_draft.pdf>
>
> If domain name registrars can be punished for what 3rd-parties do,
> registrars will be pressured to police and control their systems to
> prevent the sale of unlicensed, but lawful, generic medicines (as if
> registrars are in any position to know what is licensed, what is
> dangerous, what is lawful generic, etc).  It sets a very dangerous
> precedent that courts (and even legislatures) have been unwilling to
> give the IP Constituency and Big Pharma.
>
Thanks, Robin, for bringing this up.

I am involved (with some others) to see if we can help some people in
Thailand with legal studies: they are facing the court because of what
somebody posted on their website - not they themselves. And they are
accused by the censors  for not having taken care of what others write;
so their "intermediary liability" (this is the legal English term used
in Thailand) is what made them face the censor and then the court.

And what some friends try to do is collect info that "intermediary
liability" is not to be applied - not to a telephone operator, not to 
SMS system operator, not to blogger (where others may place comments) etc.

What this pharma study seems to aim at is exactly what the censors and
to court in Thailand applies to suppress the freedom of expression.

You said that this is a "very dangerous precedent that courts (and even
legislatures) have been unwilling to give" - if there is literature
about this, please let me know.


Norbert
 

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