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An arbitration panel of the World Intellectual Property Organization has decided 2-1 in favor of Complainant Boca Raton Resort & Club in an action under the Uniform Domain Name Dispute Resolution Policy over the domain name bocaresorts.com. ...The Presiding Panelist, Dennis Foster, disagreed with the majority's conclusion, and issued a dissent that addressed the issue of bad faith. Foster asserted that the Respondent was "entitled to believe that the phrase 'Boca Resorts' is geographically descriptive and means resorts in the city of Boca Raton, Florida... more
I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more
"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest." more
The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more
Mozilla Foundation has announced changes to Firefox concerning Internationalized Domain Names (IDN) to deal with homograph spoofing attacks. According to the organization, "Mozilla Foundation products now only display IDNs in a whitelist of TLDs, which have policies stating what characters are permitted, and procedures for making sure that no homographic domains are registered to two different entities." Following is a statement explaining the current status of the Mozilla changes to Firefox regarding IDN... more
The other night I was chatting with my wife about things and I mentioned a TV show that I saw back in the 1980's about a home-brew nuclear device in which the bomb-squad person who cuts the cliche red or green wire makes the wrong choice. So I went to Google to find the movie. I had a hard time finding it. (I eventually did - it was the 1983 show Special Bulletin.) But along the way I more than once wondered whether my memory was playing games on me. The meta-thought that came about was this... more
The Working Group of Internet Governance has released its final report [PDF]. As I wrote this week in my Law Bytes column, the report comes on the heels of the U.S. statement that it has no intention of surrendering control of root zone file. The WGIG report developed a working definition of Internet governance that states: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."... more
In light of the recent decision by the United States government to "maintain its historic role in authorizing changes or modifications to the authoritative root zone file" and ICANN's recent decisions to add more gTLDs (including .xxx), and to renew VeriSign as the .net registry, readers may be interested in the just-published report of the National Research Council's Computer Science and Telecommunications Board, Signposts in Cyberspace: The Domain Name System and Internet Navigation. ...a comprehensive policy-oriented examination of the Domain Name System in the broader context of Internet navigation. more
ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. more
The Board of Directors of the Internet Corporation for Assigned Names and Numbers (ICANN) has determined that the proposal for a new top level domain submitted by ICM Registry, Inc. has met the criteria established by ICANN. Accordingly, ICM Registry will now move forward into technical and commercial contractual negotiations with ICANN to generate a voluntary .xxx top-level domain (TLD). more
Identity theft is apparently the "in thing" these days. By media accounts, hackers and evildoers lurk everywhere trying to steal your personal information. In the past few months, one company after another is being forced to admit customer data has been lost or stolen. In many cases, they have them come forth repeatedly over the next few weeks, or even months revising the estimated number of impacted customers. To date, I don't think any have ever lowered those numbers. ...Let's consider two events that didn't make the front page of C|Net or CNN. more
Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more
One thing that amazed me about the ICANN community is the creativeness in finding new business models. I am not even talking about new technology like Internationalized Domain Names (IDN), the number of business models created from the vanilla DNS (actually just .com) are just mind boggling. ICANN was formed in 1999 and introduced the concept of registries and registrars model to the DNS business. With that, we witness the rise of register.com, an IPO darling in the dotcom days, in the early 2000s and subsequently overtaken by the ultra-cheap high-volume reseller model of GoDaddy. We also see new registries like .info and .biz and several others that didn't do so well. There are also after-market (aka ebay) for domain names like afternic and registry outsourcing, DNS hosting, Dynamic DNS etc. That's about what most outsiders know of DNS business models, mostly revolved around the registry-registrar-reseller model. But there are really more and I shall discuss two not-so-well-known but interesting models below. more
I was reading David Weinberger's reports on how the New York Times is planning on tackling its "link rot" problem where articles slip behind the pay-wall. Part of their solution appears to be to replace articles with their summaries. As usual, this got me thinking about telephony. Why don't phone calls and callers have URIs or URLs? ...Let's take addressing the endpoints first. Obviously, ENUM is one way of "Internetising" the phone number address space. more
In the absence of any formal announcements, news of Google being accredited by ICANN as a domain name registrar, spread fast in the media today after it was first reported by Bret Fausett on Lextext -- see Google is a Registrar. The company has since mentioned that "Google became a domain name registrar to learn more about the Internet's domain name system," and that it has no plans to sell any domain names at the moment. However, speculations on what Google could do as an accredited registrar are far and wide. Here are ten, listed in no particular order... more
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