Demanda contra NSI por prácticas anticompetitivas
| Autor | Javier Ribas |
| Cargo del Autor | Abogado |
| Páginas | #1018 |
JURISDICTION AND VENUE
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This Court has subject matter jurisdiction in this action pursuant to (a) Sections 1 and 2 of the Sherman Act (15 U.S.C. ßß 1 and 2); (b) Sections 4 and 16 of the Clayton Act (15 U.S.C. ßß 15 and 26); (c) the Competition in Contracting Act (41 U.S.C. ß 253, et seq ); the Little Tucker Act (28 U.S.C. ß 1346 (a) (2)); the Administrative Procedure Act (5 U.S.C. ß 702); Federal Question jurisdiction ( 28 U.S.C. ßß 1331 and 1367); Diversity jurisdiction ( 28 U.S.C. ß 1332 (a)), and the principles of pendant and/or ancillary jurisdiction. The amount in controversy, exclusive of interest and costs, exceeds $75,000.
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The Court has personal jurisdiction over Defendant NSF, insofar as NSF is an agency of the Executive Branch of the United States Government. The Court has personal jurisdiction over Defendant NSI insofar as (a) NSI is an agent of NSF, an agency of the Executive Branch of the United States Government; (b) NSI has entered into contracts or agreements with NSF (or others) in this jurisdiction; (c) NSI has otherwise transacted business in this jurisdiction; and/or (d) NSI has committed acts or omissions giving rise to Plaintiffs' claims in this jurisdiction.
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Venue in this action properly lies in the United States District Court for the District of Columbia pursuant to 28 U.S.C. ß 1391, insofar as (a) Defendant National Science Foundation is an agency of the Executive Branch of the United States; (b) Defendant NSI is an agent of NSF; (c) contracts or agreements between NSF and NSI (or others) giving rise to Plaintiffs' claims were entered in the District of Columbia; and/or (d) the acts or omissions of NSI and NSF giving rise to Plaintiffs' claims took place in the District of Columbia.
CLASS ACTION ALLEGATIONS
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This action is brought as a class action, pursuant to Fed.R.Civ.P. 23(b)(1), (2) and (3), and Rule 203 of the Local Rules of the United States District Court for the District of Columbia, on behalf of all past or current Domain Name Registrants on the Internet (the "Registrants") from September 1995 through the present. This is a class action properly maintainable under Fed.R.Civ.P. 23 and Local Rule 203.
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Upon information and belief, the size of the class is in excess of 1 million persons or entities (as of June 30, 1997), and joinder of all members is therefore impracticable.
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The named Plaintiffs' claims are typical of the claims of the class. Plaintiffs are not antagonistic to the class and will fairly and adequately represent and protect the interests of the class.
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All class members have an identical interest in seeking damages for the unlawful acts of Defendants resulting in the harm to the Plaintiffs complained of herein. Because of the amounts due each Registrant on an individual basis, it would be impractical or impossible for each Registrant to bring this action individually. The fees charged to Registrants by Defendant NSI for Domain Name Registration Services is $100 per initial Domain Name registration and two years of use, and $50 per year renewal thereafter.
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Common questions of law and fact predominate over individual questions, and therefore a class action is superior to other available methods for the fair and efficient adjudication of this controversy. The questions of law and fact common to the class of Registrants includes, without limitation, whether (a) NSI violated Sections 1 and 2 of the Sherman Act; (b) whether the National Science Foundation violated the Competition in Contracting Act (41 U.S.C. ß 253 et seq.) or the Administrative Procedure Act 5 U.S.C. ß 702; (c) whether the National Science Foundation has, without statutory authority, improperly authorized the imposition of charges or taxes on the Registrants in violation of Article I and Amendment V of the United States Constitution; and/or (d) whether Registrants are collectively entitled to equitable relief including (I) an injunction against the future unauthorized imposition of charges and taxes; (ii) a decree declaring that all charges heretofore collected are to be held in constructive trust on behalf of the Plaintiffs and Class Registrants; and (iii) restitution of all wrongfully taxes or charges.
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No exceptional difficulties are likely to be encountered in the prosecution of this action as a class action.
THE PARTIES
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Plaintiff William Thomas is a resident of the District of Columbia and is a Domain Name Registrant with the domain name "prop1.org." Mr. Thomas has been required to pay Renewal Fees to NSI to maintain his status as a Domain Name Registrant on the Internet.
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Plaintiff MyHouse Communications is a Maryland Partnership and a Domain Name Registrant with the domain name "myhouse.com." Plaintiff MyHouse Communications has been required to pay Renewal Fees to NSI to maintain its status as a Domain Name Registrant on the Internet. Plaintiff Russell Braen, a Maryland citizen, is managing partner of MyHouse.
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Plaintiff Thomas J. Howell is a citizen of the District of Columbia and a Domain Name Registrant who has been required to pay a Registration Fee, charges and taxes to NSI to maintain his status as a Domain Name Registrant on the Internet.
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Plaintiff Sartori Associates resides in the State of Texas and is a Domain Name Registrant with the domain name "howard.com." Plaintiff Sartori Associates has been required to pay a Registration Fee, charges and taxes to NSI to maintain its status as a Domain Name Registrant on the Internet.
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Plaintiff Litigation Communications, Inc. resides in the Commonwealth of Virginia and is a Domain Name Registrant with the domain name "pop.dn.net." Plaintiff Litigation Communications, Inc. has been required to pay Registration Fee, charges and taxes to NSI to maintain its status as a Domain Name Registrant on the Internet.
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Plaintiff Delta Micro Systems resides in the State of Maryland and is a Domain Name Registrant with the domain name "delta-microsystems.com" who has been required to pay a Registration Fee, charges and taxes to NSI to maintain its status as a Domain Name Registrant on the Internet.
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The remaining Plaintiffs are citizens residing across the United States (hereinafter collectively referenced as "Class Registrants").
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The Plaintiffs and Class Registrants are Domain Name Registrants who registered for domain name registration both prior to and after September 13, 1995. The Plaintiffs who registered prior to September 13, 1995 were not required to pay a Registration Fee, but are now required to pay an annual Renewal Fee of $50. The Plaintiffs who registered after September 13, 1995, have been required to pay a $100 Registration Fee and are also required to pay a $50 annual Renewal Fee.
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Upon information and belief, Defendant Network Solutions, Inc. ("NSI"), a wholly-owned subsidiary of Science Applications International Corporation, is a corporation originally organized under the laws of the District of Columbia, and reincorporated in Delaware, with its principal business office at 505 Huntmar Park Drive, Herndon, Virginia 20170. NSI is an Internet domain name registration service provider worldwide. NSI acts as the exclusive registrar for second level domain names within the .com, .org., .net, .edu and .gov. top-level domains ("TLDs").
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Upon information and belief, Defendant National Science Foundation ("NSF") is an agency of the Executive Branch of the U.S. Government. Plaintiffs and Defendants use the Internet to engage in interstate commerce amongst the several states. The Defendants' conduct complained of herein substantially interferes with interstate commerce.
FACTUAL BACKGROUND
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The Internet is a network of computers through which businesses and individuals can send nearly instantaneous "E-mail" communications and disseminate information of various kinds through the "World Wide Web."
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The Internet began as a network created in the 1960's by the Advanced Research Projects Agency ("ARPA"), of the United States Department of Defense ("DOD"). (The network established by ARPA is referred to herein as "ARPANET"). Throughout the 1970's and into the 1980's, numerous additional networks were established at geographically diverse governmental, educational and research facilities.
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The Internet commenced as a communications network linking various agencies of the United States government, the United States military and educational institutions and was created entirely with public funds, including funds of the Department of Defense and the National Science Foundation.
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In 1982, the Transmission Control Protocol ("TCP") was implemented by ARPANET and DOD's network, CSNET. This allowed a connection of and intercommunication between CSNET and ARPANET. As other networks implemented the TCP standard, the number of networks interconnected through the Internet grew rapidly. In order to allow the computers ("Hosts") on each network to locate Hosts on other networks, each Host was assigned a numerical address (e.g., 205.160.45.115). Such numerical Host addresses are referred to herein as "IP Addresses."
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Communications on the Internet are addressed using the form of address such as "jones@company.com." The part of the address after the "@" sign is called the "Domain Name." The Domain Name is a unique identifier which designates a set of...
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