Forwarding e-mail is so easy that it must be legal, right? Not everyone thinks so. Ned Snow at the University of Arkansas recently wrote A Copyright Conundrum: Protecting Email Privacy that argues that forwarding violates the sender's copyright rights, so it's not. The article is quite clever and is (as best I can tell, not being a legal historian) well researched, even if you agree with me that its conclusions are a bunch of codswallop... more
A story... ZZZ Telemarketing (not a real name) is locked in a heated fight with their bitter rival, YYY Telemarketing (also not a real name), to win a very large lead generation contract with Customer X. Customer X has decided to run a test pitting the two companies against each other for a week to see who can generate the most leads. The ZZZ CEO has said to his staff that it is "do or die" for the company. If they fail to win the contract, they will have to shut down -- they need to do "whatever it takes" to win over YYY. A ZZZ staffer discovers that part of why YYY has consistently underbid them is because they are using SIP trunks to reduce their PSTN connection costs. But the staffer also discovers that YYY is using very cheap voice service providers who run over the public Internet with no security... more
International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... more
Ed Richards, Chief Executive of Ofcom, was at Columbia today... NN (Net Neutrality) debate does give us insight into importance of disclosure to consumers -- consumers should be able to switch providers, and they should know which ISPs are making prioritization decisions. This should be an obligation of suppliers to communicate this information to consumers. In particular, he says that Ofcom is actively exploring whether network operators whose traffic shaping activities change materially should have to tell consumers -- and if these changes are significant consumers should be allowed to break their contracts with the provider without penalty... more
The past several years have seen significant efforts to keep local Internet communications local in places far from the well-connected core of the Internet. Although considerable work remains to be done, Internet traffic now stays local in many places where it once would have traveled to other continents, lowering costs while improving performance and reliability. Data sent directly between users in those areas no longer leaves the region. Applications and services have become more localized as well, not only lowering costs but keeping those services available at times when the region's connectivity to the outside world has been disrupted... The recently published paper, "Geographic Implications of DNS Infrastructure Distribution" focuses on the distribution of DNS infrastructure. more
ICANN's recently released report, ICANN's Whois Data Accuracy and Availability Program: Description of Prior Efforts and New Compliance Initiatives [PDF], is a summary of the Whois Data Problem Report System's (WDPRS) reports spanning a one-year period that concluded at the end of Fenruary 2007. In case you're not familiar with the WDPRS, it's system that tracks complaints about inaccurate or incomplete whois entries. Notable facts from the report include: There were 50,189 reports for which ICANN received follow-up responses during the year... more
BusinessWeek is running a column called 'Brandjacking' on the Web. In summary, nobody likes deliberate cybersquatting or typosquatting. But if Typo domain-names did not exist, the traffic would continue to flow to Microsoft or Google via the browser's error search where those very large companies would make money in the same manner as the 'evil cybersquatters'... more
In reading a Q&A with Verizon's Brian Whitten I found this striking Q and A: "Q. With a fiber connection being symmetric, many fiber providers such as Paxio are providing symmetric connections such as 5Mbit, 10Mbit, 30Mbit. Why is Verizon keeping this arbitrary asymmetric limit with Fiber? A. ...Indeed, our FTTP network can easily support a symmetric data service. As market dynamics change, we would re-assess the benefit to our customers of introducing a class of symmetric data services." My reaction is "No thank you, I'd rather do it myself". To understand my reaction you need to recognize the difference between wanting to build my own bridge across a stream and asking why I'm not allowed to cross it myself using my own boat. more
Last December I wrote about Mark Mumma, who runs a small web hosting company in Oklahoma City and his battle with Omega World Travel a/k/a cruise.com. Mumma lost his CAN SPAM suit agains them in December, but Omega's countersuit for defamation went to trial last week, and I hear that the jury awarded Omega $2.5 million in damages, which Mumma is not likely to be able to pay. This may be painted in some circles as a huge defeat for anti-spam activists, but it's not... more
I just got back this morning from attending the OASIS XRI TC face-to-face meeting with Bill Barnhill, Drummond Reed, Laurie Rae, Les Chasen, Markus Sabadello, Marty Schleiff. A number of good things came out of the meeting, which I'll leave for another blog because this post is about Internationalized Domain Names, not XRI. So we just opened the flood gates for Chinese and Japanese IDNs for .BIZ. This has been my brainchild for the past half a year or so, and represents a significant step forward for our registry in terms of internationalization. more
WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more
ICANN's web site has a press release saying that the were granted a temporary restraining order on Monday requiring that Registerfly cough up all the info on their registrants, or else.
My assumption all along has been that the reason that Registerfly hasn't provided full info is because they don't have it. ICANN agrees that they got partial data last month, and it's hard to imagine a reason that Registerfly would have given them some of the data but deliberately held back the rest. I guess we'll know soon enough.
By the way, I hear that ICANN plans to implement their registrar escrow policy, the one that's been in the contracts since 2000, pretty soon. more
If you want to find out the WHOIS server for a particular TLD then in many cases you can do it with a simple DNS lookup. Just query for an SRV record for the domain _nicname._tcp.tld, like this... Many other TLDs follow this convention including .au .at .dk .fr .de .hu .ie .li .lu .nl .no .re .si .se and .ch. more
Verizon filed sued against iREIT and Domain Marketplace a couple of weeks ago in a Texas court, alleging cybersquatting. David Kesmodel's blog broke the story, and I used the PACER system to obtain the court filings, which are posted here. Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet." more
One of the consistent chants we've always heard from ICANN is that there has to be a single DNS root, so everyone sees the same set of names on the net, a sentiment with which I agree. Unfortunately, I discovered at this week's ICANN meeting that due to ICANN's inaction, it's already too late. Among the topics that ICANN has been grinding away at is Internationalized Domain Names (IDNs) that contain characters outside the traditional English ASCII character set... ICANN has tied itself with the issue of homographs, different characters that look the same or mean the same thing. Once people noticed that IDNs let you register different names that look the same, the intellectual property crowd that has always had a mysteriously great influence on ICANN went into a tizzy and they went into lengthy discussions on what to do about them... more
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