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Questioning “Net Neutrality”

I'm kinda foxed by the some of the discussion going on about "Net Neutrality". The internet was designed from the outset not to be content neutral. Even before there was an IP protocol there were precedence flags in the NCP packet headers. And the IP (the Internet Protocol) has always had 8 bits that are there for the sole purpose of marking the precedence and type-of-service of each packet. It has been well known since the 1970's that certain classes of traffic -- particularly voice (and yes, there was voice on the internet even during the 1970's) -- need special handling... more

Challenges in Anti-Spam Efforts

Without commenting on the particulars as they relate to Goodmail -- especially since I am on the advisory board for Habeas, a competitor -- let me note that public discussion is largely missing the nature of the current Internet mail realities and the nature of the ways we can deal with them. There are two articles in the current issue of the Internet Protocol Journal, of which I wrote one, that provide some useful background about this reality. Simply put, Internet mail needs to sustain spontaneous communications... more

Network Neutrality

In January of this year, a frontpage article on WSJ quoted Verizon Chief Executive Ivan Seidenberg "We have to make sure they (Google) don't sit on our network and chew up our capacity". Both AT&T and Bellsouth also made similar statements in the same article. A few days ago, Verizon repeat their call to "End Google's Free Lunch": "A Verizon Communications Inc. executive yesterday accused Google Inc. of freeloading for gaining access to people's homes using a network of lines and cables the phone company spent billions of dollars to build." ...it is no surprise that Network Neutrality, a concept where broadband providers are not to discriminate rivals when they charge tolls or prioritize traffic, is now on the agenda of the US Congress. more

How to Build an Internet Governance Forum

Public consultations on the new "Internet Governance Forum" being created by the United Nations will be held in Geneva February 16-17. The Internet Governance Project has released a new discussion paper explaining how the Forum could work. The Forum must be as open as possible and give all stakeholders equal participation rights. Its deliberations must be wide-ranging and resist politically motivated barriers to discussion. And its products must feed into other, more authoritative Internet governance forums. more

AOL and Goodmail: Two Steps Back for Email, Part II

There's been a lot of noise this week since the news broke about AOL and Goodmail, so I thought I'd take the opportunity to change the direction of the dialog a little bit. First, there are two main issues here, and I think it's healthy to separate them and address them separately. One issue is the merits of an email stamp system like the one Goodmail is proposing, relative to other methods of improving and ensuring email deliverability. The second issue -- and the one that got me started earlier this week - is the question of AOL making usage of Goodmail stamps a mandatory event, replacing its enhanced whitelist. more

IDNs and IE7 and the Coming Storm

If you're brave, today you can finally download the Internet Explorer 7 public beta. Why should you be interested? Not because the browser's wonderful. It isn't -- initial reports are that it's not ready for prime-time. But you might be interested to know that as of today, users of IE will be able to use internationalized domain names (IDNs). ...Many other browsers are already IDN-capable, including Firefox, but most people in the world use Explorer. Think China, Japan, India. Think most of the world's population... Think of millions of new Internet users working in their own language, customers for commercial goods and services. But think also about intellectual property nightmares, think about phishing, think about whether there's one interoperable Internet, or several Internets acting very weird. These issues and others will become big news when people start using IDNs massively -- and with support from Internet Explorer, that's about to happen. more

Disappearing Telephony

I'm just stepping back a minute to think about what Emerging Telephony actually is. You might have seen my earlier musings on the different philosophical underpinnings of "Western" telephony and "Eastern" thought. In an oversimplified nutshell, the Western approach puts the individual in the centre of the universe. The Eastern idea is to put the group in the middle. more

AOL and Goodmail: Two Steps Back for Email

Remember the old email hoax about Hillary Clinton pushing for email taxation? When we first heard AOL's plans for Goodmail today, we thought maybe the hoax had re-surfaced and a few industry reporters got hooked by it. But alas, this tax plan seems to be true. AOL has long held the leading standard in email whitelisting. Every email sender who cares about delivery has tried to keep their email reputation high so that they could earn placement on AOL's coveted Enhanced Whitelist. Now, AOL may be saying that those standards don't matter as much as a postage stamp when it comes to email delivery. more

Internet Wars

A couple of days ago the BBC reported that a document called the Information Operations Roadmap (PDF) had been declassified and that it contained some pretty interesting stuff. The American dominance over the Internet, recently manifested by its unwillingness to hand over some of the critical control to UN-organizations, may have another side to it. more

Warner Brothers Loses DaisyDukes.com Complaint

Warner Brothers Entertainment, which owns the rights to The Dukes of Hazzard and related characters, including DAISY DUKE, failed in its UDRP case against the registrant of the domain name DaisyDukes.com. The Panelist determined that although WB had common law rights in the DAISY DUKE mark and the registrant lacked rights and legitimate interests in the DaisyDukes.com domain name, WB failed to demonstrate that the registrant had registered and used the domain name in bad faith. more

WIPO Crowing Again About “Cybersquatting”

Most of us would be put off if a court issued a press release cheering the number of prisoners its judges had put behind bars or the number of tenants it had helped landlords to evict. That seems antithetical to the neutral adjudication of disputes, and ethical rules regularly decry such "appearance of bias." Yet WIPO seems to think it perfectly natural to crow about its arbitrators' favoritism for complainants against "cybersquatters" in UDRP proceedings. It issued a release that reads like a solicitation for trademark claimants' business, not a promotion of neutral arbitration services... more

WIPO Responds to Significant Cybersquatting Activity In 2005

In a report released today, the World Intellectual Property Organization (WIPO) has announced a 20% increase in the number of cybersquatting (abusive registration of trademarks as domain names) cases filed in 2005 as compared to 2004. The report further indicates that "in 2005, a total of 1,456 cybersquatting cases were filed with WIPO's Arbitration and Mediation Center. This increase represents the highest number of cybersquatting cases handled by the WIPO Center since 2001." more

The First French Judicial Decision Over .EU

Over at VoxPI, Alexandre Nappey reports that, a few days ago, the first French judicial decision over a .eu domain name was released -- or more specifically the first decision over an application for a .eu name. The two parties own a trademark "EUROSTAR". They agreed on the coexistence of their respective marks in September 2004. Both applied for the same name 'eurostar.eu', on the same day. more

The Catalan Campaign to Win .Cat Top-Level Domain

In September 2005 ICANN approved the first top–level Internet domain to be dedicated to a particular human language and culture: '.cat'. A related paper was recently published in First Monday by Peter Gerrand, titled "The Catalan campaign to win the new .cat top level domain". As explained in its abstract, the paper explains: "While '.cat' creates a precedent for greater use on the Internet of 'minority languages', there are significant hurdles for other candidates for language–based top–level domains. The paper discusses the concomitant factors needed to support the greater use of any minority language on the Internet." more

Domain Name Containing Trademark Translation is Determined Confusingly Similar

Interesting WIPO case (D2005-1085): Complainant (Saint-Exupery estate) owns "Le Petit Prince" in EU, US, and other countries. The translation of "Le Petit Prince" is "The little prince". Respondent registered 'thelittleprince.com'. Is such a domain name confusingly similar to the trademark? more

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