False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more

Number of Chinese Internet Users Reaches 829 Million, More Than Double the Population of the US

Latest update from the China Internet Network Information Center (CNNIC) reports the total number of Chinese internet users reached 829 million at the end of 2018. more

Define “Spam”

In my consulting and working with clients, I rarely use the word spam. There are so many different definitions of spam, I have no way to know if my clients understand what I am saying, so I avoid the term as much as humanly possible. An example of some of the few definitions of spam I've seen used over the years... more

ICANN, Civil Society, and Free Speech

Gordon Crovitz's Op-ed in the Wall Street Journal about the relationship between ICANN and the future of free speech quotes me a couple of times... Crovitz emailed me last week when he was researching his column. I was somewhat more critical of ICANN's status quo in our exchange than in the quotes he ended up using. Following are my full answers, emailed to him on Thursday. more

Domain Pulse 2008: Internet Governance the Focus of Day One

Around 350 attendees came from Russia in the east to Ireland in the west, as well as a few people from elsewhere around the globe, to attend Domain Pulse 2008 in Vienna on February 21 and 22. Day one's focus was internet governance. The future of the DNS was one of the key issues addressed by Michael Nelson of Georgetown University in Washington DC, with domain names becoming less important, but their numbers still increasing, as online access by a myriad of devices skyrockets connect -- everything from the television, refrigerator, washing machine, pets, sprinkler systems and cars. more

IP Addresses as Money

It's no secret that the supply of IPv4 addresses, on which the Internet has been based since the dawn of digital time, is rapidly running out. The official replacement is much larger IPv6 addresses, but I can report from experience that the task of switching is not trivial, and for a long time there will be a lot of the net that's only on IPv4. So once the initial supply of IPv4 addresses run out, and the only way to get some is to buy them from someone else, what will the market be like? more

The Myth of Population Density and the High Cost of Broadband

One of the enduring myths that is used by apologists for incumbent broadband operators as to the high cost of broadband in Canada and the US is our low population density.
Since Canada and the US have low population density compared to The Netherlands or South Korea, they argue that therefore the cost of delivering broadband will be significantly higher because of the much greater distances that need to be covered. more

OTT Threat to Telco’s Middleware Opportunities

I recently participated in two Comverse events, and once again the message was driven home to me about the enormous opportunities that lie ahead of the industry in the field of new telecoms applications. The middleware and cloud applications that are now appearing at the edge of the network will of course, be further developed once high-speed broadband becomes available, but already they are having an enormous impact on the telecoms market. The new user experiences that can be obtainable through these applications will enrich fast broadband networks beyond recognition. What we now have is, on the one hand, the Over-The-Top (OTT) applications that have conquered the world... more

What’s So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

Why I’m No Longer So Worried About ICANN

"No, the new gTLD program isn't ready!" ... "Yes, I was wrong on the Trademark Clearinghouse!" Fadi Chehadé showed some strong leadership qualities during last week's ICANN regional registry and registrar meeting in Amsterdam. Honesty and courage... What started out as a speech soon turned into a heart to heart. As he responded to questions, Chehadé made some surprisingly honest comments. more

Advancing Cyberstability: Protect the Public Internet Core and Improve Cyber Hygiene

The Paris Peace Forum (PPF), established by the French president Emanual Macron, was picked by the Global Commission for Stability in Cyberspace (GCSC) to launch its final report "Advancing Cyberstability" for good reasons: The Internet isn't just a purely technical issue with some political implications anymore. On the eve of the 2020s, the management of cyberspace is a global problem, a matter of international security, a question of war or peace. more

Can Your Brand Afford to Not Have a dotBrand?

More than six hundred brands have applied for their own dotBrand (a new top level domain associated with a trademarked brand). These represent every segment of our economy: banks, tech companies, media, food, luxury goods, etc. Quite a few dotbrands have already gone live. The current application period is closed, but the next round will likely begin in 24 months or so. more

This Is Not Your Father’s Traceroute Tool

Traceroute is a network tool that helps determine the path packets take as they travel from one location to another, identifying all of the "hops" along the way. I wonder why they are called hops*? Almost all operating systems have traceroute utilities built in. The command is just that "traceroute", Windows systems abbreviate the command as "tracert" to deal with the 8.3 file naming convention of old... So, let's look at what information traceroute gives you. more

What’s Next for Ethos

Since last fall, Ethos has actively engaged with ICANN and .ORG communities regarding our proposed acquisition of Public Interest Registry (PIR). Through that process, we demonstrated our desire to ensure that .ORG continues and thrives as an exemplary service for the mission-driven community. ICANN has now declined to consent to the proposed change of control of PIR. more

The Economist: Data, the Oil of the Digital Era

In its latest print edition, The Economist calls the world's most valuable resource to be no longer oil, but data. more