From - Tue May 19 16:39:43 1998
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Date: Fri, 15 May 1998 14:39:20 -0400
From: "Karen Rose" 
To: Herschel Gelman
Subject: pgMedia Asks Federal Court to Open the Internet Domain Name
     Market for Immediate Competition -Forwar -Forwarded
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Date: Fri, 15 May 1998 14:29:59 -0400
From: "Karen Rose" 
To: Karen Rose
Subject: pgMedia Asks Federal Court to Open the Internet Domain Name
     Market for Immediate Competition -Forwar
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Date: Fri, 15 May 1998 13:03:04 -0400
To: info@name.space
From: pgp@pgmedia.net (name.space)
Subject: pgMedia Asks Federal Court to Open the Internet Domain Name Market for Immediate
Competition
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                          FOR IMMEDIATE RELEASE
                 pgMedia Asks Federal Court to Open the
          Internet Domain Name Market for Immediate Competition
________________________________________________________________________
                       Press release from 05-15-98

NEW YORK - On May 14, 1998, pgMedia, Inc. d/b/a/ Name.Space(sm), a
NewYork-based registrar of Internet domain names, filed a preliminary
injunction motion with the United States District Court for the Southern
District of New York, requesting that the Court prohibit Network
Solutions, Inc. ("NSI") from continuing to deny pgMedia access to the
Internet's "root zone file."

This motion is the latest step in pgMedia's ongoing litigation with NSI
over access to the root file, which by managing the part of Internet
addresses known as top level domain names ("TLDs"), functions as the
main "traffic cop" directing Internet communications and allowing
Internet users to communicate with all other Internet users.  pgMedia
seeks to make available to the Internet community a variety of new and
creative TLDs other than NSI's generic TLDs, i.e. .com, .org and .net.
However, to provide consumers with choices, pgMedia and other
competitors need the ability to place their TLDs in the root zone file.
So far, NSI, which has exercised monopoly control over the root zone
file as a result of a government contract, has refused to do so, even
though no agency of the U.S. has been authorized by Congress to restrict
the number of Internet TLDs, and even though the addition of virtually
unlimited TLDs is technically feasible and would not harm the
functioning of the Internet.

In its motion, pgMedia invoked a well-developed and long-standing
antitrust principle known as the "essential facilities" doctrine,
prohibiting a monopolist that controls a vital means to competition from
denying reasonable, nondiscriminatory access to competitors.  It is the
same principle that the government used in 1984 to require AT&T to allow
other telephone companies to access AT&T's lines, eventually providing
consumers with choices in long-distance service.

"This is a classic 'essential facilities" antitrust case." said Glenn
Manishin, litigation counsel for pgMedia.  "There can only be one 'root"
for the Internet, or else the very essence of the seamless
interconnectivity of the Net is destroyed.  We believe that if the Court
applies these settled precedents, it must rule in favor of pgMedia and
order that the Internet be opened to an unlimited number of new and
innovative TLDs.  NSI is the only game in town, so the law says that
they cannot refuse to deal with competitors like pgMedia."

Addressing the Clinton Administration's ongoing policy review of domain
name issues, pgMedia argued in its motion that the U.S. lacks authority
under International law to restrict the number of TLDs.

If pgMedia prevails on its motion, the ability of users to communicate
and advertise through Internet addresses will improve significantly.
Both US and global consumers, for the first time, will be free to
register a variety of new TLDs without being cut-off from the rest of
the Internet.  For instance, all Internet users will be able to
communicate with pgMedia's customers who currently employ such practical
TLDs, as .sports, .law or .computers and use of communicative TLDs, like
for.president and beyond.hope.

"Open competition is critical to the growth, creativity and success of
the Internet," said Paul Garrin, President of pgMedia.  "We expect a
favorable decision in this case, which will be at the forefront of many
court decisions showing that antitrust principles are still alive and
well in the technology era."

For more information, please contact Glenn Manishin  at (202) 955-6300
or glenn@technologylaw.com, or Henry Perritt, Jr. at (312) 906-5010 or
hperritt@kentlaw.edu

Name.Space website can be reached at http://TIME-TO.MOVE-OVER.COM

Preliminary Injunction Document is at http://Name.Space-Slams.Com
(this address should work whenever as NSI updates it database)




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