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Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more
I have no idea who wrote that wonderful piece, Time for Reformation of the Internet, posted by Susan Crawford. (It wasn't me - I never use the word "netizen".) Elliot Noss of Tucows wrote a partial rebuttal, I must be attending the wrong ICANN meetings. Elliot's company, Tucows, has been a leader in registrar innovation and competition. And Tucows has constantly been among the most imaginative, progressive, responsible, and socially engaged companies engaged in these debates. ...But the points made by Time for Reformation of the Internet go far beyond registries and registrars. more
The country's first criminal trial about spam ended in Leesburg, Virginia earlier this month with a conviction of Jeremy Jaynes, better known under his nom de spam of Gavin Stubberfield. I was an expert witness for the prosecution, the Commonwealth of Virginia. The case was brought under Virginia's state anti-spam law, not the weaker Federal CAN-SPAM act... more
Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more
When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance... more
The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the Policy), is to determine disputes relating to the registration or acquisition of domain names in bad faith. Under the Policy, the complainant must establish that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name registrant has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.
Whilst requirements (i) and (ii), at first glance, do not appear difficult to meet, it is not the same with requirement (iii). In fact, a serious problem arises for the complainant when a registrant has registered domain names in bulk, but has not used them i.e. they have not been resolved to any active website. more
Ever visit cartoonneetwork.com? Adaptac.com? Check the URLs carefully, for these aren't the "real" sites operated by the Cartoon Network cable channel or by Adaptec, manufacturer of PC storage devices. Instead, these domains -- and some 5,000+ others -- were registered by a Mr. John Zuccarini. Read on to learn what he is up to and how he has gotten away with it. more
Project Jake aims to bridge the divide between internet protocols and policy, offering registries, law enforcement and rights holders a decentralised framework for accessing domain-registration data securely while navigating privacy laws and institutional gridlock. more
Congress has challenged the FCC's authority to regulate satellite safety, exposing a federal oversight gap as orbital traffic surges and raising an urgent question: which agency should be responsible for preventing collisions and debris disasters? more
Orbiting data centers promise cleaner power, cheaper cooling and relief from terrestrial opposition, but formidable engineering, regulatory and orbital governance challenges may keep ambitious space-based computing grounded for years unless launch economics improve dramatically first. more
As ICANN confronts a harsher geopolitical era, its long-delayed review of the UDRP has become a defining test of whether the multistakeholder model can still deliver legitimate, effective Internet governance and sustain confidence in its future. more
As cross-border cyber enforcement falters, critics argue Article 19's DNS abuse framework prioritizes procedural purity over user protection, leaving courts too slow to counter AI-driven phishing, rapid-flux domains, and increasingly automated online threats. more
Maria Xynou warns that internet censorship is becoming more sophisticated and less transparent as governments deploy targeted blocks, throttling and encrypted traffic interference, while OONI's crowdsourced measurements help researchers and human-rights groups expose restrictions and defend online freedoms worldwide. more
Recent court rulings in Europe and America are reshaping access to technical standards, weakening paywalls and strengthening the principle that publicly mandated knowledge belongs to citizens, regulators and increasingly AI systems that depend on machine-readable information. more
ARTICLE 19 warns that governments are increasingly exploiting internet infrastructure to silence critics, using domain suspensions to block entire websites while regulators and registry operators debate how to balance online safety, technical abuse prevention and freedom of expression. more
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