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Storage specialist Optima Technology Corporation has filed a lawsuit against Network Solutions alleging that the registrar gave away its domain name without its permission causing damage to its business. The suit alleges that Network Solutions transferred ownership of its domain name "optimatech.com" to a former Optima employee Michael DeCorte, which has allowed him to redirect Optima's revenue to his possession. Optima claims that DeCorte along with another former employee Raymond Martin, used a fake webiste to divert Optima's revenue. more
In the year 2000, Mike wanted "d.com" for his company website. After all, if you sneaked around these so called "reserved domains" long enough, you might be puzzled to see...say this at "x.com" or this at "z.com" or perhaps this at "q.com". As mysterious as this is, you can imagine Mike's disappointment after receiving the following email... more
Popular Enterprises LLC, the parent company of Netster.com, has filed a $100 million dollar lawsuit against VeriSign, Inc. The Complaint alleges antitrust violations, unfair competition and violations of the Deceptive and Unfair Trade Practices Act based upon VeriSign's release of the Site Finder product. The suit requests injunctive relief to prevent VeriSign from operating Sitefinder, and to otherwise cease what Popular Enterprises believes to be its monopolistic practices. more
As a domain holder myself (of vix.com), I would not have chosen ".com" for my parent domain name back in 1988 had there been a wildcard domain name [that activates Site Finder service] under ".com". The risk of someone attempting to reach me but ending up talking to someone else instead would have been seen as "too great". I am now searching for a new parent domain whose publisher will guarantee me, in perpetuity, that there will be no wildcard name as there now is in "com". more
Bruce Young tells a story of an Internet user who gets into trouble because "his" domain name was registered in the name of a web hosting provider that went bankrupt later on...As far as registrars are concerned, ICANN is currently doing its homework on domain name portability. As far as web hosting companies are concerned, though, these suggestions only look appealing at first sight. Upon closer inspection, they wouldn't be good policy... more
Later today, Senator Conrad Burns, who chairs the U.S. Senate subcommittee responsible for supervising ICANN, will be holding a hearing on a number of issues.
At the beginning of the year, a press release called "Burns Unveils NexGenTen Agenda For Communications Reform and Security in the 21st Century", had reported:
"U.S. Sen. Conrad Burns (R-Mont.) announced his top priorities for his chairmanship of the Senate Communications Subcommittee during the 108th legislative session. The ten items, called the Burns NexGenTen Tech Agenda, aim to strengthen security and usher reform for 21st Century Communication... more
At a workshop held in late June in Montreal (Canada) -- Karl Auerbach had submitted some live coverage to CircleID --, the Internet Corporation for Assigned Names and Numbers (ICANN) had an in-depth look at various aspects of the Internet's WHOIS databases. These databases associate social information (like holders' names and contact information) with network identifiers, such as IP addresses and domain names. Current policy for these databases -- in particular in the generic top level domain area -- is part of ICANN's contracts with domain name retailers ("registrars") and database operators ("registries"), and permits for use of the data by arbitrary parties for arbitrary purposes. more
When I came out of the Verisign Product Round-Table at the ICANN Meeting it became clearer to me why I sometimes feel that registries were dangerous things to put in the hands of a for-profit corporation. Here in Canada the .CA namespace is regarded as a "Key Public Resource", thus the registry is administered by a non-profit corporation. The monopoly over the root (which is what it is) is treated very carefully, almost with a "necessary evil" mentality, which if done properly cultivates private enterprise and competition at the registrar level, where it should be. more
Afternic holds a unique position on this subject; we're neutral. This is partly because we have partners on both sides of the issue and want to be diplomatic. But it is also because we don't think that it matters much in a mature domain name market. The backorder service market is an apparition. It depends on the owner of a valuable property thinking the property is worthless. How long can that situation exist to fuel the backorder market? As domain name owners gain knowledge and experience regarding domain name values, we expect few valuable names to drop.
A positive consequence of this debate is that domain name owners will gain knowledge about the value of their domains. more
ICANN's recently posted "Seventh Status Report" states: "ICANN's Board of Directors voted 14-1 to take no action in response to the request, on the grounds that the decision to allow the Wait-Listing Service to be offered was not a threat to competition...".
Several firms that currently offer competing services have signaled (pdf) that they are not in agreement with this assessment. more
The claim that the *only* way that reliable wait listing can be done by *the* registry is not true. The registrars could, as a technical matter, if they chose to do so, "wrap" the registry with a new entity that mediates all acquisitions and releases. Whether this accords with ICANN's hyper intricate contractual scheme or with laws against restraint of trade, I don't know.
Personally I consider WLS to be contrary to the idea that a contract contains an implied covenant of good faith and fair dealing - it seems to me that WLS violates that implied covenant - It is as if my doctor is selling contracts on parts of my body should I die while under his care. more
Members of the Domain Justice Coalition filed a lawsuit today requesting a temporary restraining order and other relief against ICANN to block the implementation of a domain name Wait Listing Service (WLS). The WLS was proposed by VeriSign, Inc. (pdf) and approved by ICANN in federal court in Los Angeles. The suit challenges ICANN's failure to comply with its internal decision-making process requirements when it approved implementation of the WLS in the face of opposition from domain name registrars, resellers and consumers. more
The Internet Corporation for Assigned Names and Numbers (ICANN) recently launched organizing of the individual Internet user community (At-Large) for increasing global participation and representation in ICANN. Under a framework approved by ICANN's Board of Directors, local and regional groups may now form in Latin America to involve their members in critical issues that effect their use of the Internet's domain name system. more
Pool.com has launched a lawsuit challenging the right of the Internet Corporation for Assigned Names and Numbers (ICANN) to proceed with a monopolistic new Wait List Service (WLS) this fall.
In a Statement of Claim filed in the Ontario Superior Court of Justice, Pool.com states that the new "WLS proposed by ICANN and Verisign Inc. will have the immediate and total effect of ending all competition among Registrars for dropped or deleted domain names" in the rapidly developing backordering industry. Pool.com seeks a court injunction preventing ICANN from proceeding with the WLS, a declaration that ICANN's actions constitute intentional and wrongful interference with Pool.com's trade and commercial prospects, as well as significant damages. more
In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more
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