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I've been following the recent news on the World Summit on the Information Society, and it's getting really bizarre. The Wired article is one example of out of the out-of-this-world coverage on the World Summit; I heard a similar spin yesterday on a radio show that often shares material with the BBC. What king or dictator or bureaucrat has signed the document giving power over the Internet to one organization or another? Did I miss the ceremony? One laughable aspect of news reportage is that the founders and leaders of ICANN always avowed, with the utmost unction, that they were not trying to make policy decisions and were simply tinkering with technical functions on the Internet. more
There is an intrinsic value proposition to new gTLDs. They mean to give users fresh naming possibilities and provide more meaningful Internet addresses. And to do so at much reduced prices. Reduced prices? Really? This is where eyebrows start being raised. How so? Well before the advent of new gTLDs, few suffixes offered any real ability to differentiate. Users thus looked to the second level, not the top level, for a way to get their web addresses to stand out from the crowd. So began a vicious circle of value going to the limited number of meaningful second level names since at TLD level, the only string with any real equity was .COM. more
A month ago, ICANN announced that it had a large set of proposed changes to its "Guidelines for the Implementation of Internationalized Domain Names". The original guidelines are fairly confusing and not widely deployed by the ccTLDs, so one would think that the proposed revisions would be clearer and more useful. No such luck. Instead of describing what the problems with the old guidelines were, the committee that put together the new proposal simply added a whole bunch more rules. more
On August 27, 2014, the world became a bit more connected as the Internet welcomed more than 400 million Hindi language speakers in their own language. .???? (.Bharat), which means India in the Hindi language, was inaugurated on August 27 in New Delhi by Mr. Ravi Shankar Prasad, India's Minister of Law & Justice and Communications & Information Technology. more
The other night I was chatting with my wife about things and I mentioned a TV show that I saw back in the 1980's about a home-brew nuclear device in which the bomb-squad person who cuts the cliche red or green wire makes the wrong choice. So I went to Google to find the movie. I had a hard time finding it. (I eventually did - it was the 1983 show Special Bulletin.) But along the way I more than once wondered whether my memory was playing games on me. The meta-thought that came about was this... more
Navigation Catalyst Systems (NCS) has settled the well publicized cybersquatting lawsuit brought against it by Verizon. The terms of the settlement are simple and straight forward, amounting to little more than an agreement by NCS to no longer register domains similar to Verizon's trademarks again. No money was apparently paid by NCS as part of the resolution. more
VeriSign is reporting that over 112M domains have been registered as of the end of Q3 2006. A record number of domain names are now registered, at 112 million, which is 30% higher than just one year ago and 6% higher than the previous quarter. The five largest TLDs remain .com, .de (Germany), .net, .uk (Britain), and .org... more
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
Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark. more
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more
Successful companies already understand the importance and impact of brand control in domain names. No company would ever consider using hotmail.com or gmail.com email addresses for official business. A decade ago, did companies invest in Geocities or Tripod URLs, or did they promote their own domain names? Today, if a company hosts its blog with WordPress.com, do they take the default brand.wordpress.com Web address, or do they upgrade to their own branded second-level domain name? more
On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ... more
According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more
Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction... more
It seems that pigs can, after all, fly. From the start of its new gTLD program, ICANN ignored what was obvious to pretty much everyone else: corporations might wish to apply for their brands and run them as closed ecosystem TLDs servicing only the brands in question. No longer. By releasing a proposed addendum to its registry contract, called Specification 13, ICANN has done two things it has always said it would never do: acknowledged that "brand TLDs" should be considered in the new gTLD program, and created a new category of TLD for this specific class of application. more