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Donuts is an applicant that threw the entire domain name industry into uproar due to the number of applications it submitted: 307 in total. It is hardly surprising that whenever new gTLDs are mentioned in the media that Donuts are mentioned alongside due to shear number of applications that they have submitted. There are dozens of articles in the media mixing information and opinions about Donuts. Often, they address the benefits to those registrants who are excited about the possibility of acquiring a new domain name and the threats to those who have an existing .COM domain name portfolio. more
The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more
On July 2, 2002, Damien Cave published an interview on Salon.com with John Gilmore, "original 'cypherpunk' and all-around Internet supergeek," titled "It's time for ICANN to go." In this wide-ranging interview, Gilmore -- an early employee of Sun Microsystems who also co-founded Cygnus Software (acquired by Red Hat) and was an early supporter of the Electronic Frontier Foundation and the Internet Society (ISOC) -- offered blunt insight and eye-opening historical detail... more
Yesterday, hundreds of sweaty ICANN attendees put on their best clothes and braved the crush of the rush hour metro on a very hot day to crush together for the ICANN gala at the overwrought Hotel de Ville (city hall) in Paris. Most of them missed an interesting announcement. I arrived an hour late, but even so food and drink were not yet served (not even water), and everyone was in desperate need of provisioning. The dull roar of heat-induced complaining drowned out the dignitaries making speeches at the far end of the hall. more
As I noted over the weekend, ICANN has instigated legal action against EPAG, an ICANN accredited registrar based in Germany that is part of the Tucows group. ICANN claims that the case is to "preserve WHOIS data", but Tucows asserts in their statement that the ICANN approach is flawed. It's not a frivolous statement, but one they've backed with fairly detailed rationale - and this is just their public statement and not a formal legal filing. more
This is serious. I'm not joking. You can look it up. Morgan Stanley brought a UDRP action involving the domain name 'mymorganstaleyplatinum.com' against a registrant identified as "Meow ("Respondent"), Baroness Penelope Cat of Nash DCB, Ashbed Barn, Boraston Track, Tenbury Wells, Worcestershire WR15 8LQ, GB." The decision summarizes the response... more
I'm in attendance at the the TRAFFIC EAST 2006 show, in Hollywood [Miami], Florida. There has been a lot of buzz here about the .Mobi top level domain, ranging from the talk of early registrants hoping to create the next big mobile portal to those that were keen to see implementations of mobile content. There was a domain name auction this evening where flowers.mobi sold for $200,000.00 (USD), and fun.mobi for $100,000.00 (USD) from a long list of domain names in the com, net, info, org, us and mobi extensions. more
As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more
WIPO's Arbitration and Mediation Center earlier this month became the only non-Chinese entity to provide domain name dispute resolution services for the .CN and .?? (China) country code Top-Level Domain (ccTLD). more
With great anticipation I waited for the most recent Applicant Guidebook version 4 aka DAG4. I was looking forward to seeing gTLD program timeline. Was it possible that ICANN would give us another timeline and be firm with it? And then I saw it. Those 3 letters next to the new October 2010 launch date: tbd. So the date is October 2010 but it is "To Be Determined"? On one hand we have a set date but on the other hand it is yet to be determined. more
There is a lot of discussion about the Expedited Policy Development Process (EPDP) Phase 2 report on evaluating a System for Standardized Access/Disclosure (SSAD) to non-public gTLD registration data after the decisions taken by the GNSO Council on September 24th. Notably, the Business Constituency (BC) and the Intellectual Property Constituency (IPC) have voted against the adoption of the Final Report of the EPDP team. more
Congratulations! The Internet Corporation for Assigned Names and Numbers (ICANN) has approved your application for a new generic top-level domain (gTLD) extension. Now what? ...This essay focuses on how to differentiate by being socially responsible. more
In a decision made on Thursday, the ICANN Board said: "withholding consent of the transfer of PIR from the Internet Society (ISOC) to Ethos Capital is reasonable, and the right thing to do," based on various factors that the Board believes will create unacceptable uncertainty for the future of .ORG, the third-largest gTLD registry. more
Recently, I have been reporting on a highly questionable auction scheme for a single domain name, o.com, which is currently being improperly warehoused by ICANN along with a number of other .com and .net domain names. This violates ICANN's Bylaws -- but, so what? more
How to properly balance the commercial rights of a complainant with the free speech rights of a respondent has challenged a generation of Uniform Domain Name Dispute Resolution Policy (UDRP) panelists. Panelists have adopted a variety of approaches and consensus has been elusive. Paragraph 4(c)(iii) of the Policy provides that a respondent may have a right or legitimate interest in a disputed domain name... more
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