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To date, end-users (of all levels of technical ability) who are trying to find a good domain name to establish an online identity have been endlessly frustrated by the lack of a method to fairly re-allocate "used" domain names. A full resolution to that problem is a separate (and much bigger) discussion... more
The MOU between the Department of Commerce and ICANN includes a series of specific milestones that the corporation is required to accomplish by certain specified dates. One of the specific requirements placed on ICANN by the agency is to define "a predictable strategy for selecting new TLDs using straightforward, transparent, and objective procedures that preserve the stability of the Internet...." The MOU goes on to state that "(strategy development to be completed by September 30, 2004 and implementation to commence by December 31, 2004)." more
Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more
When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance... more
In a recent decision, a World Intellectual Property Organization (WIPO) domain name arbitration panel dismissed a complaint filed by the Mexican Tourist Board (MTB) against Latin America Telecom (LAT) concerning the domain name "mexico.com." The panel went so far as to find that the complaint was brought in "bad faith" and made a finding of attempted "Reverse Domain Name Hijacking" against the MTB. ...In its complaint, the MTB argued that LAT had registered the domain name in "bad faith" in order to sell it for a profit at a later date. more
"CreditCards.com, the domain name, has been purchased for $2.75 million by ClickSuccess, L.P., an Austin, Texas-based firm specializing in marketing financial products online. The purchase, announced yesterday (July 20, 2004), represents the fifth highest selling price for a domain name on record." I have to admit, when I looked at those opening lines from a new press release today I started trying to find out who was behind the joke! more
After almost four years, ICANN has announced that they have adopted a new domain name transfer policy that make it much easier for domain name registrants to do business with the ICANN accredited Registrar of their choosing. Highlights from this new policy include; streamlined definition of responsibilities as it relates to the management of the domain name. Under the new policy, only the Administrative Contact or Registrant can authorize a domain name transfer to a new service provider... more
Recently, the news that China is adopting IPv9 is making rounds on the Internet. While some of them write off as an April Fool's joke (in July?) like RFC 1606, other wonders if there are more than meets its eyes. But most of them wonders what is this IPv9 and how does it actually works. And some of the English translated article are so badly done that it is impossible to get any useful technical information except that 'It is developed and supported by Chinese government!' more
As the Internet has grown and matured, it has become obvious to everyone involved that the DNS Whois system, as it currently exists, is not a sustainable way to share contact information for resolving network problems. ICANN, in an attempt to save DNS Whois, has plunged head long into the process of developing new policies aimed at fixing it. While I respect all of the hard work that has gone into this process, the results thus far have only made it clearer that this system faces intractable problems. more
This is a hotly debated topic. Some Search Engine Optimizers (SEOs) claim that sites with a static IP address rank higher while other SEOs claim that shared hosting is just fine... that it would be stupid for search engines to penalize shared hosting since we are running out of IP addresses and so many sites are currently using name based hosting. ...I decided to run it through our statistical analysis engine to get the facts. Here is the methodology I used to answer this question. more
In a report released today, VeriSign has stated that more than 4.7 million new domain names registered during the first quarter of 2004 -- highest ever recorded in a three-month period. "The profile reveals that more than 63 million domain names have now been registered, approximately one for every 100 people living in the world today. This number is greater than at any time in the Internet's history, surpassing even the heights that were seen during the Internet "bubble." Moreover, data reveal that the current base of domain names is being utilized more actively than ever before, as measured by renewal rates, look-up rates, and the percentage of domain names tied to live sites." more
"Comparisons with Telecommunications Policy" is the focus of part two of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...In the United States, an independent federal agency, under the direction of Congress, is charged with developing and implementing policies governing the major telecommunications industries. These include broadcast radio and television, wireline and wireless telephony, and video distribution via cable, wireless, and satellite. One might wonder why the Federal Communications Commission ("FCC") does not likewise have jurisdiction, at least in the US, over perhaps the most significant telecommunications industry -- the Internet. more
"The Root Server is a Scarce Resource" is the focus of part one of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...We begin our analysis of domain name policy with a brief excursion into economics. Economics cannot answer all of the questions raised by domain name policy. First, domain name policy must answer to the discipline of network engineering. A useful domain name system must work, and the functionality, scalability, reliability, and stability of the system are determined by the soundness of its engineering. Second, domain name policy must answer to public policy. The Internet is a global network of networks, and Internet policy is answerable to a variety of constituencies, including national governments, the operators of the ccTLDs, Internet Service Providers, information providers, end users of the Internet, and many others. more
It is difficult to explain RFC 3743 or commonly known as the Joint Engineering Team (JET) Guidelines without some lesson on Chinese, Japanese and Korean (CJK), particularly how it relates to Internationalized Domain Names (IDN). Luckily, an Internet-Draft we wrote back in 2001 discusses the issues quite neatly in this context. In brief, Chinese characters (Hanzi) or Han ideographs are evolved from pictographs (writing made up of pictures) across thousands of years. Unlike other writing systems, Han Ideographs are constantly evolving. more
Sex.com announced today a final settlement with VeriSign (formerly Network Solutions, Inc.), concluding a six-year legal fight that set several important precedents for the future of the Internet. After the Ninth Circuit Court of Appeals granted Sex.Com a sweeping victory that held VeriSign/Network Solutions, Inc. (collectively "VeriSign") strictly responsible for mishandling the famous domain name, Sex.Com and VeriSign have settled Sex.Com's lawsuit against VeriSign. more
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