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This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more
I didn't see the Fortune article Are domain names recession proof until the weekend, and being the author of the now infamous Domain aftermarket overdue for an asset repricing last year I feel somewhat obligated to comment on it. So, how will domain names fare in a recession? The Fortune article was upbeat... more
Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more
There have been quite a number of recent articles about various IPv6 issues. Thus the question: how far along is the actual IPv6 deployment? This is a quick-and-dirty survey that focuses mainly on the content provider side. What domains were surveyed? Alexa offers country depended TopSites listings. Domains listed are frequently visited by users from that country, not necessarily hosted there... more
We know that the Internet is running out of IPv4 addresses and that some in our community check twice a day Mat Ford's doomsday clock or spend an hour once a week reading the tea leaves based on Geoff Huston's exhaustive data compiled at Potaroo. Like with global warming, there is still a school of thought out there arguing that this running out of IP addresses is just fear mongering and that we are not really running out of IPv4 addresses as a NATted world is more than adequate to run the Internet for the foreseeable future. We know that the Internet is running out of AS... more
Nominet has published a very detailed and comprehensive position paper on "front running". Although the paper is a mere 5 pages long it covers all the areas that the topic encompasses very well and is well worth a read. The topic of "front running" has received some publicity in the last few months. If you're not familiar with the concept Nominet's definition is helpful... more
I joined the ICANN board during the December 2004 ICANN meeting in Cape Town. I served for a three year term and stepped down at this last meeting in Los Angeles and didn't run for another term... Before joining ICANN, I thought that ICANN was the only part of the Internet that wasn't really working. I knew that there must be a better way to do what ICANN does, but I couldn't be bothered to figure it out. I'd agree with people who said things like, "it should just be distributed" or "it should just be first come first serve" or "we should just get rid of it." People from ICANN would say, "it's more complicated than that" or "at this point that would be impossible." After being part of the process for three years, I find myself saying those same things... more
I'm writing this column in November, and that means that it is time for the traveling circus known as the Internet Governance Forum (IGF) to come down to earth, unpack its tents and sell tickets for its annual song and dance routine. The script for this year's show has been changed, and after being excluded from the main arena last year at the Athens gig, the headline act of "Critical Internet Resources" is taking a starring role this year in Rio. Some folk are even saying that it is the single most contentious issue to be scheduled at this year's IGF show. So what are "Critical Internet Resources" anyway? If folks are going to spend all this time, energy and carbon emissions traveling to Rio to talk on this topic, then wouldn't it be helpful to understand what it means in the first place? There are probably a number of ways to answer this question, so in this heavily opinionated column I'd like to look at the range of possible answers to this question. more
Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more
DNS rebinding attacks are real and can be carried out in the real world. They can penetrate through browsers, Java, Flash, Adobe and can have serious implications for Web 2.0-type applications that pack more code and action onto the client. Such an attack can convert browsers into open network proxies and get around firewalls to access internal documents and services. It requires less than $100 to temporarily hijack 100,000 IP addresses for sending spam and defrauding pay-per-click advertisers. Everyone is at risk and relying on network firewalls is simply not enough. In a paper released by Stanford Security Lab, "Protecting Browsers from DNS Rebinding Attacks," authors Collin Jackson, Adam Barth, Andrew Bortz, Weidong Shao, and Dan Boneh provide ample detail about the nature of this attack as well as strong defenses that can be put in place in order to help protect modern browsers. more
Neustar is facing a potential loss of the Dot-US franchise as competitors bid against them. Why might this be of interest to .com registrants? ...The issue of antitrust with regards to the .com agreement has never really been properly settled, as a well-funded complainant hasn't brought forward a case to full fruition in the courts. ICANN sold out the public by agreeing to a settlement that would see its own coffers swell, at the expense of registrants, so they do not count. more
This article discusses grassroots progress toward the development of a "Domain Registrant's Code of Rights and Responsibilities." This Code is an effort to create a balanced combination of the rights that domain name registrants should enjoy and the responsibilities that domain name registrants should fulfill. Discussion and survey results concerning this Code at domain-related forums show far greater grassroots consensus than one might think between what might be called the "domainer" and "intellectual property" communities. Informal surveys at some domain-related forums show very strong support in favor of this Code. more
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. more
A case study by Efficient Frontier mentions how using the Google Adsense for Domains network doubled the conversion ratio of search ads for their clients. According to their website, "Efficient Frontier manages more than $400 million in annual PPC spend under management, counts 80 of the top 500 search advertisers as clients and manages over 30 million keywords"... "When we analyzed the results, we were shocked. We didn't expect to see that domain park sites can bring in the quality of traffic necessary..." more
On the face of it, Kieren McCarthy's Sex.com was a book that could have written itself: a notorious, well-publicised feud over the most valuable domain name in existence, between two charismatic men -- one a serial entrepreneur with a weakness for hard drugs (Gary Kremen), the other a gifted con-man with delusions of grandeur (Stephen Cohen). It's a story replete with vicious acrimony, multi-million dollar lawsuits, and rumours of gunfights between bounty hunters in the streets of Tijuana. Thankfully, McCarthy wasn't content to just bundle together all the articles he's written about Sex.com over the years and slap a cover on the front... more
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