Law

Law / Featured Blogs

Comcast-TWC: Why Compete and Innovate When You Can Buy Market Share?

Expect a charm offensive as Comcast and scores of sponsored researchers explain how acquiring Time Warner Cable will promote competition and enhance consumer welfare. You might not hear too much about two traditional concerns remedied by actual facilities-based competition: incentives to innovate and reduce prices. Comcast will frame its acquisition as necessary to achieve even greater scale to compete with other sources of video content and maybe to compete with the limited other sources of broadband access. more

Court Says gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes, Declines LRO Review of .delmonte

A Swiss Del Monte entity that had a license to use the "DEL MONTE" mark applies to operate the .delmonte generic top level domain (gTLD). Another Del Monte entity, based in Delaware, filed a "legal rights objection" (LRO) - under WIPO-established procedures - to the Swiss Del Monte's application. A three member panel sustained the Delaware company's LRO... The Swiss entity sued in federal court seeking a declaration that it had sufficient rights in the "DEL MONTE" mark to operate the TLD... more

Luddites of the 21St Century Unite?

In the past few weeks doom and gloom stories about the future were printed, discussed and opined in the press. The down and out of the message of futurists is that the middle class is going to be swept away in the coming years because of software and robotic solutions (from here on: automated processes), making humans redundant... Do Luddites of the 21st century need to rise? I want to look at the topic from a few angles. more

Downsizing Sao Paulo

On January 27th the Executive Multistakeholder Committee (EMC) held its first meeting to plan the "Global Multistakeholder Meeting on the Future of the Internet Governance" scheduled to be held in Sao Paulo on April 23rd-24th. A review of that planning session's results indicates a Sao Paulo meeting with downsized attendance and, most likely, accompanying expectations.  more

Playing the Long Game at the Internet Governance Poker Table

Poker players say if you can't spot the fish within your first 15 minutes at the table, you're the fish. With that in mind, I'm tempted to ask ICANN President Fadi Chehade who's the fish in the high-stakes game of global Internet governance we're now playing. In 2013, ICANN dramatically changed its course in the global Internet governance debate. For a decade ICANN largely stayed out of the game, allowing stakeholders to defend the multi-stakeholder model where private sector and civil society are on equal footing with governments. But in 2013 ICANN went on the offensive... more

ICANN New gTLD Auctions - Apparently No Antitrust Concerns?

There has been much discussion in ICANN circles concerning auctions to resolve new gTLD contention sets. This article summarizes the discussion and events to date, and suggests there should be little worry for applicants seeking to resolve their contention sets via private auction, rather than ICANN's "last resort" auction. more

Domains Locked in London Police Takedown Ordered to Be Transferred

The National Arbitration Forum has just handed down its decision in respect to the three domain names locked down at Public Domain Registry in response to the City of London Police Intellectual Property Crime Unit takedown requests. The decision is in favour of easyDNS and orders the three names to be transferred to us. more

Canada’s Anti-Spam Law Coming Into Force July 01, 2014

Canada's Anti-Spam Law, CASL, is now a done deal. Last Thursday, Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today, Minister of Industry the Honourable James Moore announced CASL will come into force in July 1, 2014. more

Don’t Let Patent Wars Widen Digital Divide

For generations, large pockets of Africa were isolated from things many of us take for granted: access to medical treatment and advances that can make the difference between a healthy, productive life or debilitating illness -- or even an early death. These problems still persist, but over the last two decades technology has helped break through and enable medical professionals to reach the poorest and most remote populations and offer some hope. more

TPP IP Chapter Leaks Reveal New U.S. Proposed Regulations for Country-Code Domain Names

The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more