Law

Skype’s End User License Agreement

I was looking at the End User License Agreement to which Skype wants people to assent. I noticed the following odd provision (Section 3.2.4): You hereby grant to Skype a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to Use the Content in any media in connection with the Skype Software, the Products and the Skype Website. more

Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

WIPO Cybersquatting Report Ignores Real UDRP Trends

The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more

Protection of Personal Names in Domain Names

David Pecker is the chairman of American Media, Inc., publisher of, among others, National Enquirer and Weekly World News. 'Mr. Ferris' registered the domain name DAVIDPECKER.COM, had a PPC company host it, where it was keyed to ads for porn, because, according to the registrant, the word PECKER was in the domain name. Mr. Pecker brought a UDRP. Although 'Mr. Ferris' (as he is identified in the decision) did not seem (to me) that he could establish a bona fide intent to use the name in conenction with an offering of goods or services, and altohugh there seemed to be plausible evidence of bad faith, the UDRP was denied... more

Pew Looks at the State of Online Music Ten Years After Napster

Pew Internet reporting on the 10th anniversary of the Napster's launch: "As researchers look back on the first decade of the 21st Century, many will no doubt point to the formative impact of file-sharing and peer-to-peer exchange of music on the internet. Distributed networks of socially-driven music sharing helped lay the foundation for mainstream engagement with participatory media applications. Napster and other peer-to-peer services "schooled" users in the social practice of downloading, uploading, and sharing digital content, which, in turn, has contributed to increased demand for broadband, greater processing power, and mobile media devices." more

New Digital Services Act Should Not Disrupt Internet’s Technical Operations, Warn RIPE NCC, CENTR

RIPE NCC and CENTR have released a statement today in response to the upcoming European Commission's Digital Services Act, urging policymakers to distinguish between the Internet's core infrastructure and operations. more

The Patent That Justifies Microsoft’s Interest in Yahoo!

I've watched coverage of Microsoft's bid for Yahoo! and the related maneuvering between Google and Yahoo!. The explanations are not very convincing. Microsoft doesn't need Yahoo's search technology or their morale-impacted work force. Yahoo's search market share continues to decline and there's little of strategic relevance in the rest of their business. What's the attraction? more

Garth Bruen Discussing Whois, DNSSEC and Domain Security

NameSmash has interviewed Garth Bruen, Internet security expert and creator of Knujon, on some key issues under discussion during the recent ICANN meetings in San Francisco. Topics include Whois, DNS Security Extensions (DNSSEC) and generic Top-Level Domains (gTLDs) -- issues of critical importance particularly with ICANN's expected roll-out of thousands of new gTLDs in the coming years. more

No Barrier to Reading Across the Dot with New TLDs and Trademark Infringements

Even before the introduction of new top level domains in 2014, Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the characters of the accused domain names with the characters of trademarks for identity or confusing similarity. But this did not exclude the possibility of reading across the dot. more

A Digital ‘Red Cross’

A look into the past reveals that continuous developments in weaponry technology have been the reason for arms control conventions and bans. The banning of the crossbow by Pope Urban II in 1096, because it threatened to change warfare in favour of poorer peasants, the banning of poisoned bullets in 1675 by the Strasbourg Agreement, and the Geneva protocol banning the use of biological and chemical weapons in 1925 after world war 1, all prove that significant technological developments have caused the world to agree not to use certain weapons. more

“Seven Dirty Words” Restriction Policy Lifted from .US Domain Name Registrations

Neustar, the registry operator of the .US domain and NTIA have reversed course, allowing the inclusion of previously restricted "seven dirty words" from future .US domain name registrations. more

New Zealand Releases Revamped Three Strikes Proposal

The New Zealand government has released a revamped three strikes proposal that incorporates full court hearings and the possibility of financial penalties. A prior proposal, which would have resulted in subscriber access being terminated without court oversight, was dropped earlier this year following public protest. more

Study Finds Some 4000 Domains Expired After Being Won in Court, Some Disputed Again by Same Company

According to a recent study on trends of disputed domain names, companies could save millions on legal costs by being more proactive about registering the names first. "The results indicate more than $220 million was spent on reclaiming domain names from third parties through the Uniform Domain Name Dispute Resolution Policy (UDRP)," says Corporation Service Company (CSC). "If brand owners had registered these domain names proactively, it would have only cost them $1.1 million (£600K), yielding a cost savings of $219 million." more

Are We Attending the Right ICANN Meeting?

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

State Hacking: Do’s and Don’ts, Pros and Cons

Over the past days a lot has been said and written on counter hacking by enforcement agencies. The cause is a letter Dutch Minister I. Opstelten, Security & Justice, sent to parliament. Pros and cons were debated and exchanged. Despite the fact that I perfectly understand the frustration of enforcement agencies of having to find actionable data and evidence that gets criminals convicted in a borderless, amorphous environment, a line seems to be crossed with this idea presented to Dutch parliament. Where are we? more