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http://news.cnet.com/8301-1023_3-20011428-93.html
By Steven Musil
Digital Media
CNet News
July 22, 2010
Baidu, China's leading Internet search company, has a "plausible" case
against its U.S.-based domain registry for allegedly allowing a hacking
attack that left the site disabled and defaced, a U.S. judge ruled
Thursday.
The order, signed by Judge Denny Chin of the U.S. District Court for
Southern New York, allows Baidu to proceed with a lawsuit it filed
against Register.com in January. Baidu's suit accuses Register.com of
breach of contract, gross negligence, and recklessness related to a
January 11 hack attack that left Baidu disabled for several hours.
Visitors to the site during those hours were redirected to a site where
a group calling itself the "Iranian Cyber Army" claimed responsibility
for the attack.
"I hold that Baidu has alleged sufficient facts in its complaint to give
rise to a plausible claim of gross negligence or recklessness," Chin
said in his ruling. "If these allegations are proven, then Register
failed to follow its own security protocols and essentially handed over
control of Baidu's account to an unauthorized intruder, who engaged in
cyber vandalism."
However, Register.com did score a partial victory when Chin dismissed
five of Baidu's seven claims against the domain registry, including
contributing to trademark infringement and aiding trespass. Register.com
still faces breach of contract and negligence charges.
[...]
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