Trademark issues are emerging with the upcoming introduction of new generic top-level domains on the internet, and the board members of the body introducing the names has passed the ball back to intellectual property experts to find answers. The Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) has been asked to work out a viable solution "no later than 24 May 2009." Trademark issues have been defined as one of four overarching issues still to be solved before ICANN can finalise the application procedure for the next hundreds or thousands of top-level domains from .eco to .music. more
I received an e-mail from Google Adsense about its new interest-based advertising feature. The latest feature of Google AdSense allows Google to track the behavior of users who click on ads on their AdSense network. It also allows Google users to ‘select’ their interests—this way they would view advertisements based on their category of interest…
moreMany of us are familiar with network effects within telecommunications. Fundamentally, the notion is that as the number of participants in a network increases, the value of that network increases superlinearly. Though many different theories exist about how best to value these networks, the general idea is that the more people on a network, the more benefits accrue to everyone on the network... more
From the beginning, the Internet has been viewed as something special and "unique." For example, in 1996, a judge called the Internet "a unique and wholly new medium of worldwide human communication." The Internet's perceived novelty has prompted regulators to engage in "Internet exceptionalism," crafting Internet-specific laws that diverge from regulatory precedents in other media. Internet exceptionalism has come in three distinct waves... more
The Mexico City ICANN Conference was more eventful than some of us had anticipated. Among the highlights was Paul Twomey's announcement that he is stepping down as President and CEO of ICANN effective on June 30... Before the Conference, ICANN had released the second draft of its Guidebook for new generic Top-Level Domains (gTLDs). It was not greeted with universal acclaim... more
The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more
Think for a moment of the enduring legacy of African slavery in America. Think of the way it tainted this country's culture and politics; think of the bloody Civil War, the ghettos... What if we could roll back the clock and ensure that our society was "designed" so that slavery was never permitted and never happened? ... But what if I told you that my computer science lab was working on a "new Internet" that would solve all the terrible security and privacy problems of the existing one? Would you find this claim more credible than a proposed retroactive solution to the problem of slavery? more
ICANN Meetings can be an intimidating place for first-timers or even those who have only attended for the few years. The acronyms fly fast and furious. The participants, or at least most of them, have been working on the issues for years (even decades). The technical and policy issues are complex. Luckily, however, an attendee can overcome these barriers to entry with a few drinks at the hotel bar. .. more
Throughout my childhood, I was a practicing member of the Religious Society of Friends (the 'Quakers'). Now, for the first time, I am participating in an ICANN meeting (specifically, the 34th in Mexico City). While at first blush these to two experiences seem to have little in common, it is actually striking how much they are alike... more
It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more