Hi BS,
Quote:

They are two different set of legal objects and they could be related. Official sites may or may not be belonging to XOOPS Foundation.

If the foundation owns the domain as a registrant, it is legally responsible for all legal challanges before the respective court EVEN IF THE DOMAIN activity IS NOT OFFICIAL.

What counts is the Entry as the Registrant and exceptionally as the administrative contact and NOT the official status....

This follows that XOOPS Foundation represented by the Chairman would have to accept the legal responsibility of all the violation of Data under Data Protection Act, regardless of any official status as this is not the sole basis of its legality, should there be any kind of violation.

Quote:
Agreed, but that's a funny thing: despite about 15 serious attempts to get in touch with the current registrant of the xoops.org domain -onokazu who started the XOOPS project with a few enthusiastic people and who now is a leading part of the XOOPS Cube project- the XOOPS Foundation hasn't been able to arrange the transfer of the domain to the Foundation as to secure it for the XOOPS project and its community. All attempts made by several members of the Foundation Board have been stoically ignored, even if the e-mails have been read and the read notification have been recieved by us. So the request hasn't been actively denied, just ignored. This is a fact, not any type of judgement. The Foundation really wants the transfer tho.

Quote:
Not the Foundation, but Kazumi Ono would be legally responsible then, for everything that happens on the xoops.org domain.

As chairman of teh FOundation I'd take on the responsibility if the need arises.

Herko

Quote:

Thats ashame Herko... How would the XOOPS DNS be resolved to the new server with no contact?

Hi Herko,
Quote:

Xoops.com

Yes, you gave a very accurate and a true answer.

I had checked a while ago for xoops.com, which is in your name.

Now coming to the discussion of violation:

NO. You personally are responsible for xoops.com for any violation since thats the current registrant. So actually you, Herko need to demonstrate to the community to transfer it to the XOOPS Foundation. Only thereafter you will be totally out of the legal responsibility.

If you need a formal application, then I apply to you as a community member to transfer the xoops.com in the name of XOOPS Foundation.

Xoops.net
You as a chairman of XOOPS Foundation need to give a litigation notice to the owner immediately. If you do not, the law assumes that the violation is tolerated.

Xoops.org

In the view of the trademark law, there is NO CHANCE to win the domain, should there be a dispute.

For all the violations, myWeb Japan as the current registrant is responsible and not a natural person. I beleive this assuming that myWeb Japan is a legal registered entity, however if it remains to be unregistered entity and the business conducted by a natural person, than things are different. If this natural person is the one who you mention, then you are right.

However, a really smart lawyer would sue the XOOPS Foundation and enter in the lawsuit as third party complainant 1) myWeb Japan as well as third party complainant 2) you (Herko, xoops.com) for all violations!!!

Further to this, I advice to the XOOPS Foundation to:

1. Clear some legal aspects regarding the domains
2. Correct the Terms of Use and privacy aspects
3. Use only domains which belongs to XOOPS Foundation.

Uh, we did go very much off topic, however I thought it was necessary to add a few lines regarding the discussion.

script_fu wrote:
Quote:
EPC USA, where the webservers owned by the Foundation are currently hosted, will take care of that, which is very nice of them. They'll make sure the DNS will resolve to the new servers at Surpass Hosting.

@draj: xoops.com is a privately owned domain that is being redirected to the XOOPS project website as a favor to the XOOPS project and community. Nothing happens on that domain. So any violation of any law that happens here on xoops.org is MyWeb Japan's problem, not mine personally. We were discussing the ownership of THIS website, which is xoops.ORG, nor xoops.COM. Get your facts straight And off my case, while you're at it. I don't need to prove anything to the community anymore, I've done my share of the good and bad.

XOOPS.net btw is for sale. Not from me, but from a domain auction service or something.

As for trademark law and xoops.org, the Foundation owns the trademark rights for the name XOOPS in a large part of the planet (EU, USA, China etc.), except for Japan, where Bownet Sustems KK (not MyWeb Japan) already owns the trademark rights to the name XOOPS. But owning trademark rights isn't the same as owning all domain names related to that trademark. Nor is that necessary, the goal of the XOOPS Foundation (or the project for that matter) isn't to control and own the XOOPSiverse, but to ensure structural and continued open source development of the XOOPS system, and community participation in support, development, documentation, marketing etc.
Somebody else owning a domain name related to XOOPS (like xoops.be, or xoops.info, or xoops.us, or xoops.whatever?) doesn't present a problem, so long as the owners do not use the name XOOPS to damage the XOOPS project, brand or its community. Also, it's up to the Foundation Board to decide whether or not legal action is taken against any violation of the trademark, and that decision needs to be weighed by the amount of damage done versus the amount of resources needed to stop the violation for instance. It being legally possible doesn't mean the Foundation is obligated to act.

This is my last post on this point, as for me the position is crystal clear:
1. XOOPS.org is owned by MyWeb Japan, owned by Kazumi Ono. He graciously allows the XOOPS project to use the domain -for free, I might add! At technical level DNS can be arranged, but the XOOPS project has no control over the domain itself.
2. XOOPS.com is owned by me personally, and is redirected to xoops.org as a favor to the XOOPS project and community.
3. The Foundation owns many XOOPS related domains -such as the xoopsinfo domains, as well as most of the international trademark rights for the name XOOPS. The one exception being Japan, where Bownet Sustems KK owns the trademark rights.
4. The Foundation Board decides whether or not to take legal action against violations of the trademark rights.

Herko

by Herko on 2007/7/11 8:11:49

Herko,

This is truly appreciated.
This domain is just real-estate, people move all the time,
Usually they clean up their mess and leave a forwarding address.

I say phppp, not only has made the right decision concerning the direction this is taking but maybe the only one available under the circumstances.

I support the project, and we need somebody strong to lend support to the community and be as open and honest as you have been today.

From my standpoint of view, I will not be answering this thread any futher. It has served its purpose.

Moving on with project and community as planned, two separate but equal enities, under the auspices of XOOPS foundation where ever the physical site/sites may be.

I have asked kc0maz to close this thread and open a new one with a more appropriate heading.

Thank you all for your time.
Darcy - Community Coordinator.

NOTE: rename thread Day One Orientation.

See what I mean. Even the bots prefer to be here.

"See what I mean. Even the bots prefer to be here"

Ok, you got me there....
It must be that stink bait we have been using...