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BMW Goes After BMW.cat

In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. more

TLDs or No TLDs for Cities? Berlin Senate Wants Out

A fight has begun over the virtual existence of Germany's capital: Does a .berlin address space have a right to exist beside the old standby berlin.de? The outcome of the fight could have a broader effect on the future of city names on the Internet. After a recent hearing at Berlin's City Parliament, Michael Donnermeyer, speaker of the Berlin Senate, said the right to the name Berlin belonged to the city and has to be protected. For the young company dotBerlin GmbH that is applying for a new city top level domain (TLD) with the ICANN, the Senate's blockade could kill a long-nurtured project and could set a bad example for other initiatives like .london, .paris or .nyc, sources said. more

ICANN: Keep the Core Neutral, Stupid

ICANN's travelling circus is meeting in San Juan, Puerto Rico this week. One of the main subjects of discussion has been the introduction of new generic Top-Level Domains (gTLDs), after a GNSO Report [PDF] proposed 19 "Recommendations" for criteria these new domain strings should meet -- including morality tests and "infringement" oppositions. ...It's important to keep ICANN from being a censor, or from straying beyond its narrow technical mandate. The thick process described in the GNSO report would be expensive, open to "hecklers' vetos," and deeply political... ICANN should aim for a "stupid core"... more

Google Sued in Domainer Lawsuit: Vulcan Golf v. Google

Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims. more

Apple iPhone Promoting .com TLD?

One of the key features of the soon-to-launch iPhone is its advanced web browser capabilities. "The iPhone is the first smart phone we've tested with a real, computer-grade Web browser, a version of Apple's Safari," say the Wall Street Journal. To make the user's browsing experience even more efficient, the phone even comes with a top-level domain (TLD) button labeled ".com". Rather interesting given that today there are over two hundred TLDs in existence including .mobi... more

Squeegee Domains

When I was growing up, one of the annoyances of life in New York City was squeegee men. When your car was stopped at a light, these guys would run up, make a few swipes at your windshield with a squeegee, then look menacing until you gave them a tip. It occurs to me that domain "monetizers'' are the Internet's squeegee men. If I make a minor typing error entering a domain name, they run up and offer to sell a link to the place I wanted to go (well, they sell the place I wanted to go a click from me, but close enough.) more

CAN SPAM Applies Even Within a Single Provider

I recently came across a copy of a ruling in the bizarre case of MySpace vs. theglobe.com. Theglobe.com was the ultimate dot.com bubble company. It started up here in Ithaca, and went public at the peak of dot.com hysteria with one of the the greatest one-day price runups ever. Since then they bought and sold a variety of busineses, none of which ever made any money, including the Voiceglo VoIP service which appears to be what the spam was promoting. more

Opt-In Permission for Mailing Lists: Is It Enough?

For some time now I have contended that Confirmed Opt-in, 'COI' is dead, or at the very least on life support. It certainly is not a major factor in the continued relation between sender and receiver; that relies far more heavily on the ongoing and historical reputation of the mailer and the mail stream. Proof of permission doesn't scale; end-users complain all the time, but it is rare if not impossible for a receiving site to request proof when an end-user complains, then the receiver complains to the sender, and the sender says that permission was actually in place. Much more commonly, the sender unsubscribes the address and moves on, permission or not, since the subscriber doesn't want the mail any more. But then, I recently had two eye-opening experiences... more

First Square Mile is not the Last or First Mile: Discovery not Just Choices!

The term "last mile" highlights the fact that we are the consumers at the end of a broadband "pipe". Saying "first mile" is a little better but the Internet is not a pipe to or from somewhere else. It's about what we can do locally and then what we can do when we interconnect with other neighborhoods. It's better to describe our neighborhood as the first square mile. Telecom is about selling us services; the Internet is about what we can do ourselves locally and then interconnecting with others everywhere. In writing the First Square Mile - Our Neighborhood essay which I just posted I came to better understand the fundamental difference between the world of telecom which is about giving you choices and the Internet which provides opportunity to discover what we can't anticipate... more

Google Explains What They Mean by “Net Neutrality”

Google has launched a new Public Policy Blog focused on U.S. government legislation and regulation -- reported in the media as part of Google's efforts in setting up focus on the U.S. government since early 2005. In an entry posted over the weekend on the blog by Richard Whitt, Washington Telecom and Media Counsel, key argument within the net neutrality debate is explained... more

What Prevents IPv6 Deployment in Europe

ZDNet UK has an article on IPv6 and what may slow down its deployment. Jay Daley, from Nominet points out to the fact that the current IPv6 allocation policy used by RIPE NCC is geared towards ISPs. This is a complaint I have heard time and time again. Under the current policy, you have to show to RIPE NCC that you are going to allocate 200 address blocks to your customers before you are allocated a /32 block. Obviously, a large corporate network cannot afford to renumber every time it switches ISPs... more

Carriers Constrain Entrepreneurs

Previously, I've written about how the success of the MVNO (though not without its problems) demonstrates how an Open Access-like business model can work in a wireless context. The underlying carrier, such as Sprint or Verizon, can sell access to its network at wholesale rates to a company like Virgin Mobile, which then markets to consumers. This model can be and is a success both for the retailer and the wholesaler. MVNOs are not perfect. more

WSJ on Wireless Network Neutrality

Today's Wall Street Journal had an interesting article (subscription required) on the current state of the wireless walled garden. It cites several recent clashes between handset vendors and cellcos over the extent to which consumers can use their phones to access non cellco content. From the article: "At stake for consumers are what services will be available on their mobile phones and whether they're free or cost a monthly fee. The wireless Web is taking off more slowly in America than overseas, and one reason is that U.S. carriers tightly control what applications are available on mobile devices..." more

More IPv6 Warnings on Why Organizations Must Plan Transition Now

The IPv6 Portal reports on a paper titled "The Choice: IPV4 Exhaustion or Transition to IPv6", written by Jordi Palet, warning that organizations must start planning for IPv6 now or "be aware that some already have, and you are beginning to be at a disadvantage." From the report: "This is going to affect the business of existing Internet Service Providers (ISPs) and to a greater extent, at a certain point in time, the creation of new ISPs. As a consequence if may have a deeper impact in developing regions (Africa, Asia and Latin America/Caribbean) where the penetration of the Internet is not yet so widespread." more

Domain Names Can’t Be Trespassed: Utube.com v. YouTube

Boy, this case got a lot of attention when it was first filed (which isn't surprising; YouTube lawsuits usually do). You may remember the story: the plaintiff is a dealer of used tube mills, used pipe mills and used pollforming machines. The plaintiff operated a website at utube.com. As you might expect, like most other industrial B2B vendors' websites, utube.com had a small but targeted audience. With the phenomenal and quick rise in popularity of YouTube, a lot of web users mistyped youtube.com and entered utube.com instead, causing utube.com to suddenly experience disproportionate popularity. Unfortunately for the plaintiff, few of these visitors were interested in pollforming machines... The plaintiff sued YouTube for trademark infringement... more

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