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Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions" -- commonly referred to as "WIPO Jurisprudential Overview 3.0." more
I've written about "closed generic" new TLD applications several times over the last year. I'm opposed to them, as I've said in the past and continue to say today. However I've generally been supportive of "restricted" TLDs. The Association for Competitive Technology (ACT) has serious concerns about Google's application for .app and want ICANN's board of directors to treat as a "closed generic". more
The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual property (IP) protection mechanism designed to further curb unauthorized registration of domain names in all new generic Top-Level Domains (gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at WIPO Arbitration and Mediation Center, says that such a preventive mechanism would complement the curative relief provided by the existing Uniform Domain Name Dispute Resolution Policy (UDRP). more
After attending the afternoon ICANN Security & Stability Committee meeting, I realized that the issues involved fall into several related but independent dimensions. Shy person that I am *Cough*, I have opinions in all, but I think it's worthwhile simply to be able to explain the Big Picture to media and other folks that aren't immersed in our field. In these notes, I'm trying to maintain neutrality about the issues. I do have strong opinions about most, but I'll post those separately, often dealing with one issue at a time. more
ICANN is currently analyzing technical and policy implications regarding the introduction of Internationalized Top-Level Domains into the root. This is an important step in the continued evolution of the Internet by enabling language communities of the world that write non-Latin and extended Latin scripts to utilize their languages on the Internet... While the IDNC Working Group (IDNC) has made constructive progress on proposing a framework for the introduction of an initial set of IDN TLDs, the approach taken by the IDNC from a legal perspective is fundamentally flawed. more
Over the last two days I have sat in a room and watched a rather interesting dynamic unfold between the ICANN Board and its Government Advisory Committee (GAC). While I remain optimistic of there being a responsible closure to the new gTLD implementation process within the next six months, an apparent double standard being used by the ICANN Board could be a potential stumbling block. more
The essay describes six groups of gTLD performance indicators: (1) the presence of a secondary market; (2) uses of second-level domain names; (3) the identity of the owners of parked and not-in-use domain names; (4) domain name renewals; (5) the market size of the supporting complementary assets; and (6) the character of the person in charge of a given registry. A time-trend of these indicators would convey any price inefficiencies and bubbles, and the health of the industry. more
Tomorrow, January 12th 2012 ICANN will open the application window for new TLDs. This post includes answers to some of the based frequently asked questions. If you have any other questions/queries, or if something is unclear please let me know via the comment at the end of the post. more
The IRP Panel that was tasked with deciding the Booking.com vs. ICANN IRP that was filed regarding the application for the .hotels new gTLD name has made a decision that seems favorable to ICANN as the Defendant. However, this is not a victory for ICANN but an indictment of the ICANN procedures and accountability systems which are widely viewed as detrimental to new gTLD applicants. more
On February 2nd ICANN staff announced the release of a Draft Report: Rights Protection Mechanisms Review that is open for public comment until May 1st. This Draft Report is preliminary to an Issues Report requested by the GNSO Council that is due to be delivered by September 30th, and that may set the stage for a Policy Development Process (PDP) on Rights Protection Mechanisms (RPMs) that could commence in 2016. Such a PDP could consider comprehensive reform of these RPMs as well as of the Uniform Dispute Resolution Policy (UDRP). more
This article was originally intended to be a short one focused on indications that ICANN was exploring the establishment of a legal nexus outside the United States and discussing what that might mean - and whether it was consistent with the Affirmation of Commitments (AOC) entered into with the United States in 2009. Then, as completion neared, came the sudden and nearly simultaneous release of the October 7th Montevideo Statement and the announcement two days later of a proposed 2014 Brazil "Summit" focused on restructuring Internet governance. At that point the task vastly expanded. more
There is no doubt that the Google fibre rollout in Kansas City has been a success. Take-up rates are as high as 75%. However, when it was first announced in 2010, we stated that the real reason behind Google's entry into this market was to prove that FttH can be cost-effective and can generate a profitable return -- in the hope that the sluggish telcos would become more active in the rollout of FttH networks. Yet, Google is proving that this indeed can be done, the telcos remain sluggish in deploying FttH. more
VeriSign has reported that they are cooperating with a grand jury subpoena and a SEC inquiry into their historical stock option grants. More can be found here. Backdating of options is essentially a fraud against existing shareholders, as noted in the press or simply searching Google for "backdating fraud". Under the existing 2001 .com Registry Agreement, section 16.C would allow for termination of the agreement by ICANN in the event that VeriSign "is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities... more
Will .BRAND Top-Level Domains be made available for registration at Registrars like GoDaddy, just like second level domains are? My guess is that it will and here are the reasons why... Applying for a new domain name extension, for a new gTLD, is not so simple because you are required to submit a complete application to ICANN and this does not happen that often, it's happened once only and was called "the First Round" (of the ICANN new gTLD program). more
One of the challenges faced by registries that are launching is that there is a large lack awareness of the new options being available -- to browse as internet users or to register a domain. In a recent survey conducted by the Domain Name Association, (TheDNA) (of which I am a member), people of varying aptitude and experience from the general population of 10 different countries were provided a series of questions about their browsing habits. more
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