Law

Trademarks for TLDs

The United States Patent and Trademark Office (USPTO) has recently circulated proposed examination guidelines to allow the USPTO to begin providing Trademark Protection for Top Level Domains (TLDs). This is an important new development. TLDs today are currently ineligible for Trademark protection on the basis that they do not constitute a source-identifying mark. The USPTO is currently in the process of rectifying this situation by extending Trademark protection to Registry Service providers and has released its proposed examination procedures for that purpose. However, there are some very concerning elements to their proposed examination guidelines.

When an IP Address Does Not Equal Individual Culpability - Breaking Glass Pictures v Does, DAZ 2013

Something bad happens online. I can tie that something-bad back to an IP address. Do I know who did the bad thing? According to the Federal District Court in Arizona, I don't. An IP address may identify the owner of an Internet access account; it does not identify who was online at that particular time and who may be responsible for the actions in question. In Breaking Glass Pictures v Does, DAZ 2013, Plaintiff brought a claim for copyright infringement, wants early discovery, but the court is refusing.

Paths of Glory: Privacy Still Matters

The world has changed dramatically for the better over the last 15 years, mainly due to the commercialization of the Internet. That is what I would like to believe. Unfortunately, I am no longer sure. True, the Internet connects all of us with every corner of the world... For the rest, the times may be changing, because there are those who believe that the Internet should be molded to fit those same old bureaucracies and corrupted institutions that have plagued humanity for decades, if not centuries. The solution, many times, feels far out of reach.

Google Books Case Part 4,523: Decide Fair Use First

The endless lawsuit by the Authors Guild (which purports to represent authors, no longer including me), against Google moved another small step toward completion today. The Guild is just sure that Google's book scanning project means that end of civilization as we, or at least they, know it. Their arguments run from the somewhat plausible, that the scans are in violation of copyright, to the just plain goofy, that the scan data is so amazingly valuable yet vulnerable that Google must destroy it before someone steals it.

Provoking National Boundaries on the Internet? A chilling thought…

The impact of the recently revealed US government data collection practices may go well beyond the privacy ramifications outlined in the Internet Society's statement: expect a chilling effect on global, resilient network architecture. As governments of other countries realize how much of their citizens' traffic flows through the US, whether or not it is destined for any user or service there, expect to see moves to curtail connections to and through the US.

Introducing Internet Society’s Intellectual Property Issues Paper

What made an organization like the Internet Society draft an issues paper on Intellectual Property? What is the aim of this paper? How does the paper relate to overall Internet governance discussions? And, what - if any - impact does it aim to have on the discussions regarding Intellectual Property? At a time when there is a desire to resolve policy considerations by employing technological measures, the Internet Society, through an issues paper, amongst other things, seeks to chart a path forward...

CAN SPAM Issues in Zoobuh V. Better Broadcasting

Last week a Utah court issued a default judgement under CAN SPAM in Zoobuh vs. Better Broadcasting et al. I think the court's opinion is pretty good, even though some observers such as very perceptive Venkat Balasubramani have reservations. The main issues were whether Zoobuh had standing to sue, whether the defendants domain names were obtained fraudulently, and whether the opt-out notice in the spam was adequate.

How to Stop the Spread of Malware? A Call for Action

On Webwereld an article was published following a new Kaspersky malware report Q1-2013. Nothing new was mentioned here. The Netherlands remains the number 3 as far as sending malware from Dutch servers is concerned. At the same time Kaspersky writes that The Netherlands is one of the most safe countries as far as infections go. So what is going on here?

ICANN at the Inflection Point: Implications and Effects Of the GAC Beijing Communique

Although this article was first published just a few days ago, on May 8th, there have been several important intervening developments. First, on May 10th ICANN released a News Alert on "NGPC Progress on GAC Advice" that provides a timetable for how the New gTLD program Committee will deal with the GAC Communique. Of particular note is that, as the last action in an initial phase consisting of "actions for soliciting input from Applicants and from the Community', the NGPC will begin to "Review and consider Applicant responses to GAC Advice and Public Comments on how Board should respond to GAC Advice...

Government Hacking: Proposed Law in the Netherlands

In 2012 I wrote a blog on CircleID called State hacking: Do's and don'ts, pros and cons. In this post I give some thoughts to the concept of a government "hacking back" at criminals. The reason for this was an announcement by the Dutch government that it contemplated law along these lines. The proposed law is now here: the Act Computer Criminality III.