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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
One of fastest growing trends of electronic communications is digital identity. The simplest way of establishing digital identity is to get a domain name and create a web site and email accounts. While this might have been a fairly complex undertaking some ten years ago, today it is a trivial matter. So trivial in fact that spammers and phishers can ply their trade with very low costs of entry. These low cost of entry have made the Internet a commodity business as traffic is handled in the aggregate and competitive pricing has made being an ISP a difficult business model. It also has created aggressive growth and adoption curves. The Internet is also the lowest common denominator... more
The UDRP is obviously not working. Two websites, fundamentally the same (criticism at trademark.tld), two opposite decisions, both within weeks of each other! A Complainant (Biocryst Pharmaceuticals Inc) initiated a complaint to WIPO about one of my criticism websites (biocrystpharmaceuticals.com). The Panel found in my favour. Another Complainant (Eastman Chemical Inc) meanwhile made a complaint to NAF regarding another of my criticism websites (eastman-chemical.com). The Panel found against me. The two websites are fundamentally the same, both websites in criticism of the practices of the individual companies concerned... 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
An arbitration panel of the World Intellectual Property Organization has decided 2-1 in favor of Complainant Boca Raton Resort & Club in an action under the Uniform Domain Name Dispute Resolution Policy over the domain name bocaresorts.com. ...The Presiding Panelist, Dennis Foster, disagreed with the majority's conclusion, and issued a dissent that addressed the issue of bad faith. Foster asserted that the Respondent was "entitled to believe that the phrase 'Boca Resorts' is geographically descriptive and means resorts in the city of Boca Raton, Florida... more
I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more
Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more
BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more
In light of the recent decision by the United States government to "maintain its historic role in authorizing changes or modifications to the authoritative root zone file" and ICANN's recent decisions to add more gTLDs (including .xxx), and to renew VeriSign as the .net registry, readers may be interested in the just-published report of the National Research Council's Computer Science and Telecommunications Board, Signposts in Cyberspace: The Domain Name System and Internet Navigation. ...a comprehensive policy-oriented examination of the Domain Name System in the broader context of Internet navigation. 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
The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more
The desired goal of most of the other countries other than US is to end up with their own local language suffixes, own local language domain names, basically their own Internet, with its own domain registration policies -- in a nutshell, a very big and a very complex global mess, indeed. This fight over ICANN, the Internet Corporation for Assigned Names and Numbers, is all about a golden key, as without it, the Internet is completely useless. ...It's also ICANN, the organization that from the start has made some very stringent and often very weird policies about such issues as the golden keys. Now its global authority is being challenged, and such fights could divide the power of this controlling body, and any adverse outcome will simply split the Internet. more
On June 30, 2005, the United States Department of Commerce National Telecommunications and Information Administrtation (NTIA) released the "US Statement of Principles on the Internet's Domain Name and Addressing System." The Internet Governance Project (IGP) has issued 7 points in response to the "Statement of Principles" showing the direction believed to be in the interests of the United States and the world. more
The recent announcement in eWeek titled "Feds Won't Let Go of Internet DNS" (slashdotted here) has some major internet policy implications. The short, careful wording appears to be more of a threat to ICANN than a power grab. In short, the US Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) announced that it was not going to stop overseeing ICANN's changes to the DNS root. ...Of course, they have done next to nothing to support DNSSEC or other proposal for securing the DNS, but it sounds reassuring. The last sentence shows that the Bush administration shares the Clinton administration's lack of understanding of how the internet should evolve... more
One thing that amazed me about the ICANN community is the creativeness in finding new business models. I am not even talking about new technology like Internationalized Domain Names (IDN), the number of business models created from the vanilla DNS (actually just .com) are just mind boggling. ICANN was formed in 1999 and introduced the concept of registries and registrars model to the DNS business. With that, we witness the rise of register.com, an IPO darling in the dotcom days, in the early 2000s and subsequently overtaken by the ultra-cheap high-volume reseller model of GoDaddy. We also see new registries like .info and .biz and several others that didn't do so well. There are also after-market (aka ebay) for domain names like afternic and registry outsourcing, DNS hosting, Dynamic DNS etc. That's about what most outsiders know of DNS business models, mostly revolved around the registry-registrar-reseller model. But there are really more and I shall discuss two not-so-well-known but interesting models below. more
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