Brand Protection

Domain Seizures for Copyright Infringement Likely to Move Beyond U.S. Based Registries

Efforts to take down websites for copyright infringement are likely to move beyond U.S.-based domain name registries, with ICANN promising to more closely cooperate with global law enforcement agencies and governments. During an open session with the Government Advisory Committee (GAC), the ICANN board confirmed that it will enforce its contracts with registrars more effectively in order to meet expectations from governments and law enforcement authorities. more

Feds Shut Down File-Sharing Website Megaupload.com, Seven People Charged

Federal prosecutors in Virginia have shut down one of the world's largest Internet file-sharing sites, Megaupload.com, charging its founder and others with violating piracy laws, the Associated Press reports today. "The indictment was unsealed Thursday, one day after websites shut down in protest of two congressional proposals [SOPA & PIPA] intended to thwart the online piracy of copyrighted movies and TV programs." more

The Myth of the Unintended Infringer in SOPA and PIPA

In a recent op-ed piece in TheHill.COM, some friends and I described the futility of mandated DNS blocking as contemplated by the SOPA (H.R. 3261) and PIPA (S. 968) bills now working their way through the U.S. Congress: No Internet user is required to use the Domain Name servers provided by their ISP. And if millions of American citizens who for whatever reason want to engage in online piracy can no longer do so because Congress has passed this law and their ISP is now filtering the citizen's DNS lookups... more

Over 80 Internet Inventors and Engineers Send Open Letter to US Congress

A group of 83 Internet inventors and prominent engineers sent an open letter today to the members of the United States Congress, stating their opposition to the SOPA and PIPA Internet blacklist bills that are under consideration in the House and Senate respectively. more

Stopping SOPA’s Anti-Circumvention

The House's Stop Online Piracy Act is in Judiciary Committee Markup today. As numerous protests, open letters, and advocacy campaigns across the Web, this is a seriously flawed bill. Sen. Ron Wyden and Rep. Darrell Issa's proposed OPEN Act points out, by contrast, some of the procedural problems. Here, I analyze just one of the problematic provisions of SOPA: a new"anticircumvention" provision more

ISOC Joins Opposition to Stop Online Piracy Act

In a letter released on Monday, the Internet Society Board of Trustees has expressed concern with a number of U.S. legislative proposals that would mandate DNS blocking and filtering by ISPs to protect the interests of copyright holders. "Policies mandating DNS filtering undermine the open architecture of the Internet and raise human rights and freedom of expression concerns," says Internet Society (ISOC). more

The Future of the Internet Economy: Chapter 2

The OECD held a "high-level" meeting in June 2011 that was intended to build upon the OECD Ministerial on The Future of the Internet Economy held in Seoul, Korea in June 2008. I was invited to attend this meeting as part of the delegation from the Internet Technical Advisory Committee (ITAC), and here I'd like to share my impressions of this meeting. This 2 day meeting, "The Internet Economy: Generating Innovation and Growth", had the objective of exploring a number of current issues in the public policy space... more

“Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference

In June, I attended the St. Petersburg International Economic Forum ("SPIEF"), organized by the Russian government's Ministry of Economic Development. This was a major event drawing thousands of participants to St. Petersburg... I participated on a panel entitled "Can IP Be Protected in the Internet Age?" Right away, I trust many of you find the titling odd... more

Editorials Against PROTECT-IP

First the Los Angeles Times, now the New York Times have both printed editorials critical of the PROTECT-IP bill. Both the LAT and NYT support copyright - and announce as much in their opening sentences. That doesn't mean we should sacrifice Internet security and stability for legitimate DNS users, nor the transparency of the rule of law. more

Debugging Legislation: PROTECT IP

There's more than a hint of theatrics in the draft PROTECT IP bill that has emerged as son-of-COICA, starting with the ungainly acronym of a name. Given its roots in the entertainment industry, that low drama comes as no surprise. Each section name is worse than the last: "Eliminating the Financial Incentive to Steal Intellectual Property Online" (Sec. 4) gives way to "Voluntary action for Taking Action Against Websites Stealing American Intellectual Property". more

In DHS Takedown Frenzy, Mozilla Refuses to Delete MafiaaFire Add-On

Not satisfied with seizing domain names, the Department of Homeland Security asked Mozilla to take down the MafiaaFire add-on for Firefox. Mozilla, through its legal counsel Harvey Anderson, refused. Mozilla deserves thanks and credit for a principled stand for its users' rights. more

Super Bust: Due Process and Domain Name Seizure

With the same made-for PR timing that prompted a previous seizure of domain names just before shopping's "Cyber Monday," Immigration and Customs Enforcement struck again, this time days before the Super Bowl, against "10 websites that illegally streamed live sporting telecasts and pay-per-view events over the Internet." ICE executed seizure warrants against the 10 by demanding that registries redirect nameserver requests for the domains to 74.81.170.110, where a colorful "This domain name has been seized by ICE" graphic is displayed. more

The Web is Dead: What This Means to ICANN, New gTLD Program and the Domain Industry

While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. more

Google & eBay, Keywords & Domains, & ICANN

Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more

Funky Ninth Circuit Opinion on Domain Names and Nominative Use - Toyota v. Tabari

Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more