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I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more
Association Francaise pour le Nommage Internet en Cooperation ("AFNIC"), the domain name authority managing the French country code top level domain, is introducing a new regime for registration of .fr domain names. Among the main changes, the new regime abolishes any "right to the name". Until now an applicant for registration of a .fr domain name must prove that the domain name reflects its company name, business name or trade mark that is in force in France. more
In a recent issue of the Wall Street Journal, I noticed an underreported story about an embarrassing glitch that occurred involving the "washpost.com" domain name, which is used by the Washington Post Newspaper Company. Apparently, recently, the domain name stopped working -- no domain name services. This disrupted the flow and access of e-mail at the Washington Post as well as the operations of the washpost.com website. more
We, as the Internet engineering community, have made a great mistake. Actually, it wasn't even one large mistake, but a series of small ones. Engineers are busy people, and most of us work under the constraints of the organizational entities we serve (be it ISPs, non-internet corporates, or even non-profits). Few of us have time for politics; even fewer have the desire and motivation for politics, and those of us who do try usually end up facing a brick wall of stubbornness, lack of understanding of the underlying technical issues, or just a deaf ear. more
The Council of European National Top-Level Domain Registries (CENTR) announced today their response to Professor Michael Geist's draft survey report "Government and country-code top level Domains: A global survey", which was conducted on behalf of the International Telecommunication Union (ITU) in December 2003. "In the last decade the general trend has been to de-regulate markets in the Communications Industry, which continues to stimulate economic growth and innovation, and it seems perverse that this ITU supported report is seeking to go against the proven successful trend," said Paul Kane, chairman of CENTR. more
A corporate name of any merged entity, at best, is really an outcry from the deep bottom of a corporation, all in search of attention and in pursuit of fame and glory. Whether you read a corporate brand name in a column, see it in a phone book, hear it on a radio, TV or come across it on the web, the name is always, a real show-off with a desperate mission to seek all the attention it can get...a corporate brand name is the single most important issue of corporate communications today. Equally, a domain name, the twin of a corporate name, still as to most CEOs, it is the most misunderstood term of corporate communications. Even now, domain name issues are often left to webmasters, ISPs and, sometimes to lawyers. It has yet to earn the respect as the single most important issue of e-Commerce and also to earn the respect as a real and a true passkey for global access for the web. more
Two things are important to stress. First, nothing was decided in this meeting, and no actions will be taken until the next meeting in 2005. Secondly, and more importantly, as with anything the devil is in the details. Given the vagueness of the documents available, there are few reliable conclusions that can be drawn from the summit...Before any judgments can be made about the effectiveness, or feasibility of the ideas outlined in the Plan of Action more concrete information is needed. The details of these plans are currently unknown to the Internet community at large, and may even be unknown to the members of the WSIS. Based on the information that is available it appears the Plan of Action needs to be thought through a little more thoroughly. more
I've been following the recent news on the World Summit on the Information Society, and it's getting really bizarre. The Wired article is one example of out of the out-of-this-world coverage on the World Summit; I heard a similar spin yesterday on a radio show that often shares material with the BBC. What king or dictator or bureaucrat has signed the document giving power over the Internet to one organization or another? Did I miss the ceremony? One laughable aspect of news reportage is that the founders and leaders of ICANN always avowed, with the utmost unction, that they were not trying to make policy decisions and were simply tinkering with technical functions on the Internet. more
The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. more
Stratton Sclavos of VeriSign distills the essence of the SiteFinder controversy in his CNet interview...There is a subtle but essential misunderstanding here. Innovation can and should happen in Internet infrastructure, but there are a handful of core elements that must remain open and radically simple if the Internet is to remain, well, the Internet. These include TCP/IP, SMTP, HTTP, BIND, BGP, and the DNS (especially the .com registry). Any change in these protocols should be very carefully vetted through a consensus-based process. more
An article based on the most recent study for the European Commission on the Policy Implications of Convergence in the Field of Naming, Numbering and Addressing written by Joe McNamee and Tiina Satuli of Political Intelligence.
"With relation to the Internet and also IP addresses, the "scarcity" is more complicated: there are not only intellectual property issues with regards to domain names, but there is also an issue of managing the integrity of the system. For any naming or numbering system to work, it is essential that the names and addresses used cannot be confused with any other -- in other words, no one system can have two end-points with the same fully qualified number or name..." more
CircleID recently interview Paul Vixie, Founder & Chairman of Internet Software Consortium (ISC), to discuss ISC's newly formed Operations, Analysis, and Research Center (OARC). OARC is launched in response to DDoS attacks at the Internet's core infrastructure and the vital requirement for a formal coordination system. OARC is also a part of US homeland security initiatives, such as the formation of Information Sharing and Analysis Centers (ISACs).
"Registries and registrars, ccTLD operators, large corporate NOCs, ISPs and ecommerce companies that host many domain names are all likely candidates. This is also a natural for law enforcement groups that are worried about attacks on the Internet." more
There is a worldwide interest in the extension of the namespace to include new Top-Level Domains (TLDs) and select new registries to run them. If these New TLDs are to be selected objectively, and without partisan favours to insiders, then there is a clear need for criteria and careful evaluation of lessons gained from previous TLD launches. This was the principle behind the "Proof of Concept" approach, promised by ICANN, and yet ICANN appears to have retreated to a lightweight in-house evaluation, carried out obscurely, in the hands of selected individual under a 6-month contract 4 months ago. What have we learned about Sunrise, about Landrush, about abuse of process, about implementation and enforcement of agreements, about registrars who game the system to warehouse names for themselves, about proposed marketing budgets which evaporate into thin air? more
After roughly 19 days of its introduction, VeriSign's Site Finder service was finally shutdown on October 4, 2003 following a "Formal Deadline" issued by ICANN (previously reported here). With the plug pulled, the Internet appears to be returning to its regular status ending a historic event that can be best described as a 'Hurricane' -- a Cyber-Hurricane. What follows is a collection of commentaries and questions raised around the Net in response to this event during and after the final hours of VeriSign's deadline... more
Attention so far has been focusing on the ethics of the move (positively satanic), its effects on DNS and non-Web applications (Considered Harmful), and on possible technical responses (Software Aimed at Blocking VeriSign's Search Program). On the legal side of the fence, though, we're not just talking about a can of worms. We're talking about an oil drum of Arcturan Flesh-Eating Tapeworms. more
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