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Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... more
Last week I wrote about accounting, reporting and promotions. This week, I want to focus on the financial department's role in launching services, renewals and foreign exchange risk management. ... In most businesses, the finance team usually takes a back seat during launch of services as business activity slowly increases in the months that follow. However, in the domain industry, with up to 30 percent of lifetime sales earned in the first three months of launch, it's essential that finance takes a hands-on role from the start. more
ICANN's plan to increase competition and bring innovation in the domain space by launching top-level domains (TLD) seems to be in full swing following the resolutions at the last ICANN Board retreat in Norway. However one area that seems unclear is who will take responsibility in determining the TLD winners. After years of continuous additions, retractions and amendments, the Draft Applicant Guidebook (DAG) is not yet finalized. However, the word in the ICANN community is that the TLD program launch will be in effect immediately after the ICANN San Francisco meeting held in March 2011. more
With all the buzz surrounding new Top-Level Domain (nTLDs) at the last ICANN meeting in Mexico, I am sure many of you have already encountered or read information regarding the latest applications. For those who haven't been staying abreast of the latest, here is a quick review... There are two different general types of TLDs -- gTLDs and ccTLDs. ICANN is now opening the possibility of adding further TLD extensions, which can virtually be anything... more
2015 was a challenging yet exciting year for brand owners. While new gTLDs continue to consume much of the news in the domain industry, there were other notable highlights. Global domain registrations reached nearly 300 million; ICANN had several initiatives in motion that were of particular concern to brand owners; and companies continued to face threats to their brand reputation, revenue and customer trust. Here's my top 5 domain highlights from 2015. more
One of the topics that keeps coming up in ICANN policy discussions and as part of the new TLD application process is "transparency". ICANN, and the internet community in general, has had plenty of issues in the past with "bad actors" who have caused a lot of issues for everyone (think of many of the registrars who have lost accreditation in the last couple of years for example). On more than one conference call or policy discussion the issue of a company or a person's track record has come up. more
Former President Theodore Roosevelt is not one whose remarks are usually associated with the domain name industry, but his commentary in 1913 could just as easily have been written today:
"The mob leaders usually state that all that they are doing is necessary in order to advance the cause of 'liberty', while the dictator and the oligarchy are usually defended upon the ground that the course they follow is absolutely necessary so as to secure 'order'. Many excellent people are taken in by the use of the word 'liberty' at the one time, and the use of the word 'order' at the other, and ignore the simple fact that despotism is despotism, tyranny tyranny, oppression oppression, whether committed by one individual or by many individuals, by a state or by a private corporation." more
The Trademark Act of 1946 defines trademarks and service marks to include "any word, name, symbol, or device, or any combination thereof." Marks composed of lexical and numeric elements (as opposed to images) also can be described as strings of characters. Before the Internet there was no commercial use of such strings other than as marks, but the functionality of the Internet depends on strings of lexical and numeric characters in the form of domain names that serve as electronic addresses. more
Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... more
"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more
On Friday I was on a surprisingly interesting session at Rightscon 2018 in Toronto about GDPR and WHOIS. The panel consisted of Eleeza Agoopian from ICANN staff; Avri Doria who was recently appointed to the ICANN board; Elliot Noss who runs large registrar Tucows; Stephanie Perrin who has done a lot of privacy work for the Canadian government and as an ICANN volunteer, and me; Milt Mueller, who is now at Georgia Tech, moderated. more
Upon being appointed as ICANN's new CEO in Sydney, Rod Beckstrom gave a rousing speech in which he stressed the vital importance of free expression on the Internet... Many ordinary, powerless people are indeed willing to fight and die. But is ICANN going to help them? Or at very least make sure that their decisions won't help those who want to muzzle them? more
Adolescents were fascinated by the book and film called "Hunger Games". The plot is about a government forcing people to watch, and forcing some to play, a cruel game for life and death. ICANN's own Hunger Games, the so-called "digital archery" or "batching" process, is not lethal to people, but shares all other features: it is forced upon the participants, it is destructive, unfair and unnecessary. more
On December 9, 2009, the ICANN Board announced its intention to vote during its upcoming February 4, 2010 meeting to approve a plan by which ICANN would solicit "Expressions of Interest" (EOI) from prospective applicants for new Generic Top Level Domains (gTLDs) such as .BLOG. But given a number of significant governance and public policy concerns raised by the current EOI proposal, the ICANN Board should take no action on it before the next in-person ICANN regional meeting--in Nairobi, March 3-7, 2010. more
Planning to register your trademark as a domain name during a Sunrise Period only to find out that the registration appears on a Reserved Names list? There are a number of reasons why a domain that matches your trademark is appearing on a Reserved Names list. First of all, if the domain desired is the subject of Name Collision, it may appear on a Reserved Names list. Although this is not true for all registries, as some operators are allowing domains that have been the subject of Name Collision to be allocated during Sunrise, but not delegated. more
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