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Net Neutrality Not a Serious Issue Outside America

Most countries, don't have to fear internet quality problems in the same way as would be possible in the USA. The US competition watchdog has little power to hold telcos accountable to the nature of their broadband services. Back in 1996 broadband was classified as a content service and not a telecom service. So, for example, if a telco wants to provide preferred access to Google, it can sell them a superior broadband services which could create a two speed internet service... more

Which Comes First, the Trademark or Domain?

For years, the question of exactly when to register a domain name has been one asked by legal departments, as they've sought to formalize their internal processes. If you were to think about it logically, it would make most sense to register it after the trademark had been cleared. After all, why bother to register a domain, if you aren't going to use it to support a product, service or campaign? more

Video Recording Now Available of FCC Dec 6th Workshop on PSTN Transition

If you missed attending or listening to the live stream of the US Federal Communication Commission's (FCC) workshop on the transition of the Public Switched Telephone Network (PSTN) to new technologies that was held last week on December 6th, the FCC has very nicely made a video recording available from their website for viewing... FCC Chairman Julius Genachowski also appeared briefly to provide a few comments. more

Clearing up the “logjam”: ICANN Must Drop its Request for a Unilateral Right to Amend the Agreements

A very rare thing happened in the GNSO Council meeting this week - the ICANN community spoke with one voice. Registries, registrars, non-commercial interests, new TLD applicants, IP owners and businesses unanimously and unambiguously agreed that giving ICANN a "unilateral right to amend" the registry and registrar agreements is not compatible with ICANN's bottom-up processes and poses a fundamental threat to the multi-stakeholder model. There is true consensus that this change should be rejected. more

Good Faith and Abusive Registration of Domain Names

Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, Shop Vac Corporation v. Md Oliul Alam / Quick Rank, FA1611001701026 (Forum December 10, 2016). more

The Role of the BFR in SpaceX’s Satellite Internet Service

SpaceX started with their Falcon 1 booster followed by several versions of the Falcon 9. The Falcon Heavy will fly later this year, and the rocket that will take the first person to Mars is called, for now, the Big F*ing Rocket or BFR. The 150-ton BFR payload will be ten times that of the Falcon 9. It will have an extra landing-guidance engine for reliable reusability and SpaceX also expects to be able to soft-land and reuse the second-stage payload rocket as well as its protective nose cone, substantially reducing cost per launch. more

EFOW Wants Total Protection for Geographical Indications Domains in .VIN, .WINE and All Other TLDs

This is a letter sent from the European Federation of Origin Wines (EFOW) to the courteous attention of Dr Steve Crocker, Chair of the ICANN Board , Mr Cherine Chalaby, Chair of the new gTLD Program Committee Board, Mr Fadi ChehadĂ©, CEO of ICANN and Mr Akram Atallah, COO of ICANN. This letter, sent by its President Riccardo Ricci Curbastro, was sent today to ICANN and is entitled "ICANN initiatives for the attribution of new generic top-level Internet domains -- PDO and PGI wines' concerns". more

2017: The Year of dotBrand

With over 600 "dot Brands" applied for in 2012, and hundreds now launched, 2017 seems poised to be the Year of dotBrand! "dotBrands" are top level domains (TLDs) that use the brand name to the right of the dot, as in www.mabanque.bnpparibas or www.home.cern. Many large companies across nearly every industry applied, including Google, Amazon, Citibank, VISA, McDonalds, Sony, HBO, Alibaba, and Hermes. more

The .ORG Sale Is a Radical Departure That Puts the Internet at Risk

It can be hard to take a side. Especially when you are with a big organization. I know, I used to work for the United Nations and ICANN. Neutrality is a huge part of that work. Your role is not to take a stand; it's to create the space for other people to take stands. To create and protect a neutral platform. That's what we all thought the Internet Society (ISOC) was doing for us by running .ORG. more

Register.com’s Director of Policy Responds to WLS Issue

Register.com has not taken a position for or against WLS. If and when the registry launches this service, Register.com will consider whether to offer it based on the price and conditions attached to the service. We are committed to delivering to our customers the best in class services available. Therefore, the registry's price will be an important factor. Moreover, we are concerned about some of the conditions currently being considered by ICANN - primarily, the "black out period." This is a period of time prior to the final deletion of a name, during which a registrar would be prohibited from selling a WLS subscription on a domain name that it sponsors. We consider this a condition that could confuse consumers and dampen domain name competition. more

Radio Interview Discusses Domainers and Domaining

Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more

The FCC Stumbles Into Internet Filtering

What could be bad about free wireless Internet access? How about censorship by federally mandated filters that make it no longer "Internet." That's the effect of the FCC's proposed service rules for Advanced Wireless Service spectrum in the 2155-2180 MHz band, as set out in a July 20 Notice of Proposed Rulemaking. Acting on a request of M2Z Networks, which wants to provide "free, family-friendly wireless broadband," the FCC proposes to require licensees of this spectrum band to offer free two-way wireless broadband Internet service to the public, with least 25% of their network capacity. So far so good, but on the next page, the agency guts the meaning of "broadband Internet" with a content filtering requirement. more

ICANN Must Address Domain Tasting Ripple Effects

A registrar who also engages in domain tasting can inadvertently create ripple effects throughout the domain name industry. Thus, domain name owners must exert pressure on ICANN to reduce this risk. We are now experiencing ripple effects from the subprime market and its repercussions on related markets. ...there can be a problem when registrar functions and domain tasting are conducted by the same entity. Unmonitored coupling of seemingly unrelated markets can be devastating to our industry. more

Spare a Thought for Venezuela

Please spare a thought for Venezuela. This, the 33rd largest country in the world and with about 34 million people, the largest proven reserves of oil, the cheapest price of gasoline in the world, and was in 1950 richer than Germany, has fallen on times so hard in this once Latin America's richest country that 75% of the population lost an average of 11 Kg (24 pounds) in weight in one year because of food scarcity. And you might ask: "Why should I care?" more

Questions on the Debate on ‘Closed Generic’ gTLD Applications

ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more

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