Welcome:
Login
|
Sign Up
|
About CircleID
Follow:
|
|
|
Whatever you think the answer is (typically about ten bucks), the answer is likely to change radically for the worse, based on new contracts that ICANN is planning to approve. On July 28th ICANN posted proposed new contracts for .ORG, .BIZ, and .INFO, for a public comment period that ends four days from now, on the 28th. There's a lot not to like about these proposed contracts, but I will concentrate here on two related particularly troublesome areas, pricing and data mining. more
As I blogged about several months ago, as did numerous other anti-spam bloggers, David Ritz was sued by Jeffrey Reynolds and a judge in North Dakota agreed with Reynolds. At the heart of the case was that Ritz engaged in anti-spam activities using techniques known only to a small subset of advanced computer users, and used these techniques maliciously against Reynolds... Back in the olden days of spam fighting, some anti-spammers used to use malicious techniques against spammers in order to shut them down... more
Domain owners are bearing tremendous risk that someone else is better equipped to absorb. In this post, I outline the motivation of risk ownership, the sources of risk associated with owning a domain name, and the ways by which some of these risks have been transferred to institutions that are better equipped to handle them. I close by pointing out that we would be better served by having a trademark risk-management entity. more
The World Intellectual Property Organization (WIPO) has sent to ICANN a letter proposing Paperless Uniform Domain Name Dispute Resolution Policy (UDRP)... This would save considerable amounts of paper, reduce courier charges (as the notice weighs far less than the full complaint), and thus would be good for the environment. more
While doing research for a paper on telegraph codebooks, I was reminded of something I had long known: one could have short addresses for telegrams. A short article in The New Yorker described how it worked in New York City. Briefly, one could pick more or less any name that wasn't in use, and list it with the Central Bureau for Registered Addresses... more
Domain name disputes have been on steady rise for the past several years and have more than doubled since 2003. As reported today by Pingdom, while there was a period between 2000 and 2003 when the number of domain dispute cases declined, they have been continuously increased since 2003 with most cases involving more than one domain name. more
The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases against individual file sharers. The RIAA now says it will focus less on pursuing infringement litigation and more on working with internet service providers to shut down the accounts of individuals suspected of illegally trading files. more
Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more
A trademark owner who notices that someone else has registered a domain name incorporating the owner's mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for short). This often serves as a quicker and less expensive alternative to pursuing the cybersquatter in court. To be successful under the UDRP, the "Complainant" has to show all of the following three elements... more
The essay outlines a market-driven and value-adding solution to brand use in domain names. The solution relies heavily on the Electronic Frontier Foundation's remedy to music file sharing. I propose its adoption for new registrations and renewals. Brand sharing in domain names is here to stay; desperate attempts to stop it through legal action are ineffective and will do nothing but destroy value. more
A recent law suit in Kentucky has attracted world-wide attention because it could create a very dangerous precedent – the application of local law to the domain name system and Internet web sites that are available globally... Even though the Kentucky case only involves Kentucky gambling laws, the dangerous precedent is that regimes around the world with oppressive local laws restricting speech or religion might attempt similar litigation. more
In a widely reported court case, Facebook won an $800M default judgment and injunction against a Montreal man named Adam Guerbuez, who has a long and sordid history. But it probably won't make any difference. The problem is that he's in Canada. more
A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address. more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
ICANN has sent EstDomains a termination notice: "BBe advised that the Internet Corporation for Assigned Names and Numbers (ICANN) Registrar Accreditation Agreement (RAA) for EstDomains, Inc. (customer No. 919, IANA No. 943) is terminated..." more
A World-Renowned Source for Internet Developments. Serving Since 2002.