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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
The Privately-owned Melbourne-based company AusRegistry that won a four-year contract on July 2002 from AuDA to provide registry services for Australia's .au ccTLD has reported an earning of $9 Million -- beating its original expectation by $3.5 Million. This earning comes from 52,640 new registration of .au, .org.au, .com.au, .asn.au, .net.au, and .id.au -- the majority portion consisting of .com.au. (pdf report)
AusRegistry has also recently won a contract to operate the registry for Solomon Islands domain names (.sb), and negotiating with five other countries that reportedly includes one "significant" ccTLD. The company is also interested in being authorized by the Australian Communications Authority to run trials of ENUM: "It just makes sense to do that, given the strength of the .au database...the cost to us is minimal, given we've got the existing infrastructure," said the AusRegistry's managing director Adrian Kinderis. [Source: news.com.au] more
ICANN has just submitted its seventh status report under ICANN/US Government Memorandum of Understanding to United States Department of Commerce (DoC) titled: "Report by ICANN to United States Department of Commerce Re: Progress Toward Objectives of Memorandum of Understanding". The report provides a review of recent ICANN developments including... more
In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark's characteristics. The first part of this article can be found here. In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question. more
What's at the heart of cybersquatting may also be at the heart of free speech on the Internet: the diversion of Internet users looking for plaintiff's web site to defendant's web site. Cybersquatters register domain names to accomplish this, while meta-infringers (as we will call them) use HTML code and search engine optimization techniques. Meta-infringers do this by creating keyword density by using competitor's trademarks and permutations thereof in their website in order to rank higher in the search engine results when someone searches on the competitor's trademarks. more
In a recent interviewed with Roger Collins, president of ProProject and the new owner of Afternic.com, CircleID investigates the logics behind ProProject's strong belief in the domain name secondary market. Once known as a primary domain name auction site, Register.com had purchased Afteric.com in the September of 2000 for $48 million in cash and stock -- 2 years later the site was shut down as money-losing unit until ProProject came along. more
Microsoft is a special company. By definition, its operating systems and Internet browser are no longer just "applications;" they constitute a platform. They are - for 90 percent of Internet users - the sole interface to all Internet content and services. The browser is its own little monopoly. Such is its dominance that Microsoft has the power of life and death over innovation. more
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