Vulcan Golf v. Google Class Certification Denied

This is a complex lawsuit by trademark owners attacking domaining and the role of the Google AdSense for Domains program in funding domaining activity. When I first blogged on the case in 2007, I wrote: "the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason..." Last week, the court ruled on class certification, and perhaps not surprisingly, the court denied certification -- giving Google and the other defendants an early Christmas gift.

Undersea Cable Cuts, Internet Governance, and Lessons Learned

Early this month I attended the 3rd Internet Governance Forum in Hyderabad, India. The overall theme of the 4-day meeting was "Internet for All"... Last Friday, I spent a couple of hours in the morning on email before I got cutoff around 10am. I have 2 DSL lines at home through 2 different ISPs, I tried both lines but they were both down. I thought something wrong happened at the local exchange and decided to turn off my computer and enjoy my weekend. The last thing I could have thought about then was that what happened back in January 2008 was happening again in less than a year!

US Department of Commerce Doesn’t Like ICANN’s New Domain Plan

ICANN's authority to manage top level of the DNS comes from a two-year Joint Project Agreement (JPA) signed with the US Department of Commerce in 1997, since extended seven times, most recently until September 2009. Since the DoC can unilaterally cancel the JPA which would put ICANN out of the DNS business, when DoC speaks, ICANN listens. On Thursday, the US DoC sent a scathing letter to ICANN about the proposed plan to sell large numbers of new top-level domains (TLDs). There's a long list of issues...

Deja Vu All Over Again: Cables Cut in the Mediterranean

The end of the year is approaching which seems to be a harbinger of Internet disasters. Four years ago (on 24 Dec. 2004), TTNet significantly disrupted Internet traffic by leaking over 100,000 networks that were globally routed for about an hour. Two years ago (on 26 Dec. 2006), large earthquakes hit the Luzon Strait, south of Taiwan, severing several underwater cables and wreaking havoc on communications in the region. Last year there was a small delay. On 30 Jan. 2008, more underwater cables were severed in the Mediterranean, severely disrupting communications in the Middle East, Africa, and the Indian subcontinent. Calamity returned to its customary end-of-year schedule this year, when early today (19 Dec. 2008) several communications cables were severed, affecting traffic in the Middle East and Indian subcontinent.

What Could the RIAA’s Switch in Strategy Mean?

The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases against individual file sharers. The RIAA now says it will focus less on pursuing infringement litigation and more on working with internet service providers to shut down the accounts of individuals suspected of illegally trading files.

One Good Outcome from the Wall Street Journal: Google Flap

On Monday the Wall Street Journal published an article alleging that Google was trying to arrange a "fast lane for its own content" with telecom carriers and contending that Google and Professor Lessig were in the midst of changing their position on network neutrality policy. The WSJ reporters received a lot of flak for the piece -justifiably so. There was no real "news" in this news article.

Disclaimer in Trademark Registration Sinks UDRP Action

A trademark owner who notices that someone else has registered a domain name incorporating the owner's mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for short). This often serves as a quicker and less expensive alternative to pursuing the cybersquatter in court. To be successful under the UDRP, the "Complainant" has to show all of the following three elements...

ICANN Sets the Schedule to Kill Domain Tasting

Domain tasting, as everyone probably knows by now, is the disreputable practice of registering lots of domains, seeing how much traffic they get, and then using the five day Add Grace Period (AGP) to refund the 99.9% of them that aren't worth paying for. A related abuse is front running, registrars speculatively grabbing domains that people inquire about to prevent them from using a different registrar.

Apple iPhone Apps Store: Refreshing Openness or Walled Garden?

Apple Computer has received high praise for the diversity of applications available for the iPhone. The company shows great willingness to accept third party software innovations. But Apple also solely decides whether to accept and make available any application. Rejected software vendors for the most part do not exist if they do not have shelf space at the Apple store.

Blocking BitTorrent in Britain

Virgin Media announced its intention of restricting BitTorrent traffic on its new 50Mbps service according to an article by Chris Williams in The Register. Does this mean that net neutrality is endangered in the UK? The question is important because advocates of an open Internet like me hold the UK up as a positive example of net neutrality achieved through competition rather than through regulation.