Premier & lawyer refute claims Niue lost legal battle for internet domain

Premier Sir Toke Talagi has refuted reports that Niue has lost a legal battle to take back control of its internet domain from a Swedish company.

RNZ reported that a spokesperson for the company said the Stockholm District Court dismissed Niue’s complaint because it lacked the legal capacity to be a complainant.  The court ordered Niue to pay the Swedish Internet Foundation nearly $US36,000 in legal costs.

Copenhagen-based lawyer representing Niue’s government, Pär Brumark has also refuted this report.

Responding to BCN News, Brumark stated “No, the case is not lost, but there has been a procedural setback, we have to take to the Higher Court.

In a response to BCN News Premier Sir Toke Talagi stated,

“The case is not lost, far from!

It has been rejected on procedural matters in one
lower court. The matter as such, has not yet been tried at all.

The case will be appealed with complementing material needed by the court.

The court has in one of the lower instances found that they do not have full information regarding the Niue Constitution, and therefore the case must be appealed, bringing more information regarding Niue’s constitutional rights.

In appealing, we will present the information and material the court
needs in order to continue the proceedings.”

Brumark has estimated Niue had missed out on around $US150 million over the past 18 years because it had never had control over its Top Level Domain, (cc TLD).

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In an interview with BCN News in October last year, Brumark said he was contacted by the Premier 18 months ago for his services and there were about twenty people working on the case.

In 2013, the swedish registry took over the  .nu responsibility and revenues, Brumark  claimed this is illegal in Sweden and in Niue. He added Niue is a remote place but can make their voice heard through ICANN, the organization that decides the national top end domains. 

Brumark says that Niue is a special case because it has not been in control of its top end domain.But now with regulations in place, he believes that dot nu is for Niue according to the International Organization for Standardization. 

When Brumark spoke to BCN News last year, he was hopeful that Niue will win this legal case and in time for when the Manatua cable will be in place in June this year. 

BCN news has also contacted the Swedish Internet Foundation Spokesperson who only confirmed the information reported by RNZ.

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