-Z- (z@gundam.com)
Sat, 30 Dec 2000 09:46:04 -0800

> >By the way, if you're over 18, try browsing:
> >
> >http://www.animerica.com
> >
> >Someone called AmazonHentai seems to have acquired that URL. The real
> >site is:
> >
> >http://www.animerica-mag.com
> >
> >I wonder how much traffic AmazonHentai gets from people who go looking for
> >Animerica site?
> Isn't that considered cybersquatting?

Not in this case. Cybersquatting is when you acquire a domain name for the sole
purpose of selling it to someone else, especially to someone who might be
considered the rightful owner. If I bought the domain BuyGundam.Com and did
nothing with it but post a Web page saying "This site for sale!" or refused to
relinquish it to the Gundam copyright holder, that would be cybersquatting. If
I used it to sell authorized and licensed Gundam related merchandise, that's
another thing. You wouldn't accuse our friends at Gundam.Com of cybersquatting,
would you? They offer valuable services and goods and don't pretend to be
Gundam copyright holders.

The same applies to AmazonHentai. They provide anime-related goods and services
and are based in America, so they can make a claim that the domain name
"Animerica" applies just as much to them as to a magazine that just happens to
have the same name. They may, in fact, have a better claim to the name
Animerica than Gundam.Com has to the name Gundam. While the name "AnimErotica"
might suit them better and doesn't appear to be in use just now, the fact is
that there's no real legal grounds to challenge them, since they don't pretend
to be Animerica Magazine or affiliated with it in any way and they're certainly
not sitting on it.

Nor are they using the Animerica domain name as a redirect to files on an
AmazonHentai domain, which might be considered "bait and switch" tactics.
They're using the Animerica domain name for their business and maintain a
completely different AmazonHentai site, offering the same goods and services but
using a completely different layout, color scheme, etc. They're clearly two
different sites engaged in the same business.

Granted, they could steer people looking for the magazine to the right place, by
adding a link to Animerica-Mag to their top-level page, which is just an
indentifier and content warning page, but that'd be a courtesy on their part,
not a legal requirement. The guy who owns Googol.Com does this for the
Google.Com search engine -- "Looking for Google? Click here! -- but that may be
just to save himself unwanted traffic. These guys want all the traffic they can
get, but that's not a crime.

The name "AmazonHentai" implies that they want to be the Amazon.Com of hentai,
but Amazon has no more claim against them than Animerica, as there's no way
anyone will confuse one for the other and they make no claim of affiliation.

These guys may be immoral, unethical and wrongminded, but they appear to be
perfectly legal.


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