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Delayed Enforcement Blocks Domain Name Lawsuit: Southern Grouts v. 3M

I'm often baffled by lawsuits over domain names and keywords because they just don't seem to make any economic sense. This lawsuit is especially perplexing given the plaintiff's delays and the seeming impossibility of the plaintiff reaching a profitable outcome, even if it won in court. What was the plaintiff thinking? more

Time to Redelegate IE Namespace?

I've written extensively about Ireland's country code Top-Level Domain (ccTLD) '.ie' and its current registry operator IE Domain Registry (IEDR) in the past. While I've always tried to be fair and balanced in my coverage of the issues facing the IE namespace, I'm afraid my patience with the current registry operator has worn thin. While things may have improved over the course of the last few years, it is becoming abundantly clear that the current registry operator is probably not the best organisation to manage the ccTLD in the future. more

Kentucky Governor: All Your Gambling Sites Belong to Us

According to news reports, the governor of Kentucky has filed a suit in state court to seize 141 gambling domain names. His claimed authority is a 1974 law against "gambling devices", on the theory that a domain is a "device", and online gambling is taking money away from in-state horse racing and the lottery. The judge sensibly has said that he doesn't understand all the issues, and has given all sides a week to submit briefs. more

Domain Name Registrations Up 22% from Last Year, Totaling 168 Million

VeriSign today released the Domain Report for the second quarter of 2008, highlighting a continued growth of the Internet globally. At the midpoint of 2008, according to the report, there were 168 million domain name registrations across all Top Level Domain Names (TLDs) -- repersenting a four percent increase over the first quarter of 2008 and 22 percent growth over the same quarter last year. The base of Country Code Top Level Domain Names (ccTLDs) totaled 65 million domain names, a four percent increase quarter over quarter and a 27 percent increase year over year. VeriSign also reports on processing peak loads of more than 48 billion Domain Name System (DNS) queries per day in the second quarter of 2008. more

How Rise in Nationalism and Industry’s Lack of Foresight Could Mean a Fragmented and Isolated Web

I have been thinking a lot lately on the topic of the free flow of information on the internet -- what kinds of tools are available now and in the future for governments (especially repressive ones) to control content, isolate their people and keep any contrary viewpoints censored. I had an interesting conversation with a Practice Lead from IFTF.org. The Institute for the Future (IFTF) is a California based independent, nonprofit research group with 40 years of experience in identifying emerging trends that will transform global society... Turns out they are quite concerned about the fragmentation and control of the Internet as well. But will it be an inevitability? more

ICANN’s Allocation Method for New TLDs

ICANN recently commissioned a report from Power Auctions LLC to investigate the merits of auctioning new Top-Level Domains (TLDs). Below I outline some of the issues related to stakeholder interests and mechanism design... Successfully managing the design of an allocation mechanism for new TLDs will entail coordinating functions across various competencies. To rely on a standard auction mechanism for the allocations would be a historic setback for the domain name industry, as successful allocation design is all in the details. more

Domain Name Lessons From iTunes

What do iTunes and a cooperative domain-name Intellectual Property (IP) regime have in common? They are market solutions to illegal activity: free downloading of music and free use of brands in domain names, respectively. The music industry tried to fight the free downloading of copyright-protected music by taking legal action against free downloaders under the pretext that their activity siphons industry revenue... more

ICANN’s New gTLD Process: Hype and Reality

At its 32d International Junket Meeting last week, ICANN's Board approved the GNSO Council's recommendations for the eventual addition to the root of new generic top-level domains (gTLDs). This means that eventually, when the staff drafts, community comments upon, and Board approves implementation processes, those with deep pockets will have the opportunity to bid for new TLD strings... more

ICANN to Add New Top-Level Domains, World to Come to an End

The biggest buzz from the Paris ICANN meeting was that the board accepted last fall's proposal for a streamlined process to add new TLDs. A variety of articles in the mainstream press, many featuring inflammatory but poorly informed quotes (from people who probably got a phone call saying "We go to press in five minutes, what do you think about ICANN's plan to add a million new domains?") didn't help. When can we expect the flood of TLDs? Don't hold your breath... more

Why New TLDs Don’t Change a Thing

I have a heard a lot lately about ICANN unanimously voting in favor or relaxing top level domain rules and had a few people come to me and ask 'how does that affect what you do?' The short answer is, it won't; at least not for a long time and here is why... There might be some huge potential gain if all shoe companies got .shoes and branded it, but someone would have to manage it and each would have to spend money to brand .shoes to consumers. Adidas gets adidas.shoes but spends nothing to brand it and lets Nike pay to brand .shoes and Reebok to brand it as well and leech. So instead of cartel like behavior (which is hard to maintain), we fall back into .com more

ICANN Takes First Step to Becoming a Global Content Regulator

There has been wide coverage of ICANN's decision this week to adopt a new process for creating new global Top Level Domains (gTLDs). Publishing a clear, transparent and objective process is thought likely to result in a considerable expansion of gTLDs -- although nobody really knows whether this means "quite a lot" or "many thousands"... Less attention has been given to one of the new tests ICANN will use when considering whether to approve a new gTLD, contained in GNSO's sixth recommendation... more

How Many TLD Applications Will ICANN Receive?

This post could be subtitled: "The Wisdom of Elites." I polled some people I know in the domain field (plus Andrew Goodman, who wondered what the hell I was going on about). I asked them a simple question: "For the record, how many new TLD applications do you think there'll be?" Most of these people know the domain name world very well, but from different perspectives. Journalists, registrars, intellectual property attorneys, domainers, registry operators, TLD aspirants, entrepreneurs, domain aftermarket auctioneers, civil society activists... more

Domain Names Users vs Domain Names Registrants

Antony Van Couvering from names@work writes that ICANN's constituencies are a "bad idea". While I am not sure to agree with him on the general principle, he makes some interesting remarks. Among others, he points out that the Generic Names Supporting Organization (GNSO) includes groups that seem to be redundant (the Business and Intellectual Property constituencies) and others like domainers which are not represented in the ICANN arena, yet are an integral part of the domain name business... more

Demystifying Statistical Approach to Domain Name Appraisals

Professional domain name appraisals have acquired a dubious reputation, and I understand the rational skepticism regarding their usefulness. In my recent paper, "Statistical Domain Name Appraisal: Same as What You're Doing, +/-," I try to demystify the statistical approach by pointing out its commonality with methods intuitively adopted by active domainers. It will also underscore some of the sources of skepticism toward various appraisal methodologies, and point out the advantages and limitations of statistical models. The paper concludes with a list of the conditions that can make a professional appraisal value adding, and with a plea for transparency. more

Long Live the Neodomainers: The Domain Game, Good or Bad

David Kesmodel's to be released book The Domain Game, irrespective of how it is received, will undoubtedly catapult the industry into a new era: that of the neodomainers, the super crunchers. To analyze the impact of the book on the industry, let's look at stylized exchange scenarios featuring a domainer as intermediary (an intermediary in that he or she acquires from the seller and then hopes to resell to the buyer)... more