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Now that ICANN has approved a potentially vast expansion in the number of generic Top-Level Domains, there's considerable interest in and confusion about how these names can be used. For example if someone registers "dot BRAND", can they advertise http://brand/ and have it work? more
Ever visit cartoonneetwork.com? Adaptac.com? Check the URLs carefully, for these aren't the "real" sites operated by the Cartoon Network cable channel or by Adaptec, manufacturer of PC storage devices. Instead, these domains -- and some 5,000+ others -- were registered by a Mr. John Zuccarini. Read on to learn what he is up to and how he has gotten away with it. more
Want a sense of just how much traffic VeriSign is receiving from its SiteFinder service? Alexa, with its Alexa Toolbar and associated traffic tracking services, makes it easy to find out...Over the past three months, taken as a whole, VeriSign had traffic rank 1,559. But today its traffic rank is 19, meaning... more
ICANN's Non-Commercial Stakeholders Group (NCSG) has filed a Request for Reconsideration with ICANN's Board of Directors regarding the staff's decision to expand the scope of the trademark claims service beyond that provided by community consensus policy and in contradiction to ICANN Bylaws. Specifically at issue is ICANN staff's unilateral decision to adopt the "trademark +50" proposal for new domains, which would provide trademark holders who have previously won a UDRP or court decision with rights to 50 additional derivations of their trademark in ICANN's Trademark Clearinghouse (TMCH). more
"Competitive Bidding for new gTLDs" is the focus of part three 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. ...When new radio frequencies become available for commercial use, federal law requires that licenses be auctioned off to the highest qualified bidder. The FCC does a reasonably good job in designing and conducting spectrum auctions. They are often familiar in format, not much different than found for consumer goods on eBay. In other cases, such as with "Simultaneous Multiple-Round" or "combinatorial bidding," the auction design is fairly complex. Because of complexity in these cases, the FCC sponsors periodic conferences on auction theory and seminars on auction mechanics for potential bidders. more
In this article I will explain the motivations behind the SocialDNS Project. I will justify why the DNS system is NOT the phone book of the Internet. More concretely, DNS is not a public directory nor enables search mechanisms over meta-information related to domains. In this line, I will present the advantages of SocialDNS, a naming and directory system that aims to become the phone book of the Web. SocialDNS is NOT another alternative DNS root nor aims to replace the current DNS for resolving domain names. It complements the existing DNS to offer advanced services that are beyond the scope of the existing infrastructure for Web settings. more
India is one of the world's fastest growing economies, the global leader in outsourcing and the service computing, and home to over a billion people. But when I first met officials from the Indian government to discuss their plans for .IN, India had a total of just about 7,000 .IN registrations, fewer than most small countries have. ...(Compare to 100,000 names registered last month alone) This is one of the most rapid starts of any domain worldwide. In my conversations with senior officials of the Indian Government and the National Internet Exchange of India (NIXI) which manages the .IN Registry, they credited three key decisions that proved critical to the success of the domain's re-launch... more
When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more
In the ICANN realm, TechOps stands for Technical and Operations and its goal is to simplify processes, to find solutions, and to advise on technical and operational matters. There are three TechOps groups: The Registry, the Registrar and the joint Registry and Registrar, also known as Contracted Party House (CPH). How did we get there and what exactly are we doing? 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
The domain registrars discussion -- despite the occasional bizarrity -- mostly demonstrates that there is no unanimity among registrars on this issue. So, what arguments can be made in favor of either model, from a registrant's point of view? The thick domain registry model -- under the assumption that registries are more diligent with registrant data than some registrars may be -- helps take care of escrow concerns... 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
There is an interesting note on the ITU Strategy and Policy Unit Newslog about Root Servers, Anycast, DNSSEC, WGIG and WSIS about a presentation to ICANN's GAC. (The GAC website appears to be offline or inaccessible today.) The interesting sentence is this: Lack of formal relationship with root server operators is a public policy issue relevant to Internet governance. It is stated that this is "wrong" and "not a way to solve the issues about who edits the [root] zone file." Let's look at that lack of a formal relationship... more
Google revealed on its official blog today that it is handling an average of more than 70 billion requests per day on its free Public DNS service. According to VeriSign's latest public statistics, it is handling only an average of 59 billion DNS requests per day, less than that handled by Google. more
Some individual appears to have hijacked more than a 1,000 home computers starting in late June or early July and has been installing a new Trojan Horse program on them. The Trojan allows this person to run a number of small websites on the hijacked home computers. These websites consists of only a few web pages and apparently produce income by directing sign-ups to for-pay porn websites through affiliate programs. Spam emails messages get visitors to come to the small websites.
To make it more difficult for these websites to be shut down, a single home computer is used for only 10 minutes to host a site. After 10 minutes, the IP address of the website is changed to a different home computer... more
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