.xom, BrandJacking and Error-Search

BusinessWeek is running a column called 'Brandjacking' on the Web. In summary, nobody likes deliberate cybersquatting or typosquatting. But if Typo domain-names did not exist, the traffic would continue to flow to Microsoft or Google via the browser's error search where those very large companies would make money in the same manner as the 'evil cybersquatters'... more

Whose Network is it Anyway?

In reading a Q&A with Verizon's Brian Whitten I found this striking Q and A: "Q. With a fiber connection being symmetric, many fiber providers such as Paxio are providing symmetric connections such as 5Mbit, 10Mbit, 30Mbit. Why is Verizon keeping this arbitrary asymmetric limit with Fiber? A. ...Indeed, our FTTP network can easily support a symmetric data service. As market dynamics change, we would re-assess the benefit to our customers of introducing a class of symmetric data services." My reaction is "No thank you, I'd rather do it myself". To understand my reaction you need to recognize the difference between wanting to build my own bridge across a stream and asking why I'm not allowed to cross it myself using my own boat. more

WIPO Snafu Over britishmuseum.org Case?

WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more

Infrastructure ENUM

After much initial fanfare a couple of years ago ENUM has matured to a state where it is currently yet another under-achiever in the technology deployment stakes. ENUM initially presented itself as a very provocative response to the legacy telco position of monopolising public voice services through their exclusive control over the Public Switched Telephone Network (PSTN) and the associated controlling position over the telephone number space... The perception was that ENUM was going to dismantle these levers of control and open up the voice market to a new wave of competitive carriers. If the address plan was the key to the PSTN, then ENUM was intended unlock this network and position the new wave of Voice Over IP (VOIP) carriers to take over any residual treasures of the traditional voice market. Events have not played out according to these expectations... more

Whois Policy Reform Advances

The Associated Press reports this week on ICANN developments involving the Whois reform. The Whois database, which displays domain name registrant information including names, addresses, phone numbers, postal and email addresses, has been the subject of years of debate within ICANN as many in the Internet community have expressed concerns about the mandatory disclosure of such personal information. The Generic Names Supporting Organization (GNSO) has successfully pushed for reform, though it is uncertain how the ICANN board will respond. more

Cybersquatting and Geopolitics Heats Up

Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more

When is a Typo Not a Typo?

I was reading about the Nieman Marcus lawsuit and on a phone call related to the "Working Group on Mechanisms to Protect Rights of Others", when suddenly it occurred to me that this whole rush to rid the world of typos could eventually head in a messy direction... How far can this go? Let me take you back to that phone call I was on where representatives of Yahoo indicated they would try to secure Flicker.XXX as a TYPO of Flickr.com (their made up brand name) during a potential new TLD sunrise period. How backward is that? A Typo that became a brand, trying to call the generic name a variant of their trademark! more

Dot-XXX and Tiered/Differential Pricing: Permitted?

As folks will recall, there was a big debate about tiered/differential pricing in the .biz/info/org contracts. Eventually those contracts were amended to prevent that. However, if folks read the .XXX proposed contractv [PDF], Appendix S, Part 2, under "delegated authority" (page 66 of the PDF), appears to give the Registry Operator total control to make policy regarding pricing. Thus, it would appear they are in a position to re-price domains that later become successful... more

Spamhaus Policy Block List Update

Recently, I wrote about the Spamhaus Policy Block List (PBL), suggesting senders encourage their network/connectivity service providers (whomever they lease or purchase IP addresses from) to list their illegitimate email-sending IPs as a step towards improving the overall email stream on the internet. The initial PBL was seeded with listings from the Dynablock NJABL ("Not Just Another Bogus List"), which at the time of the cut-over was at more than 1.9 million entries... more

Will You Need a Domain Tax Guide?

It's tax time again. If you are like most domainers, you are a little hesitant about filing your tax return. This is not just because you dread paying Uncle Sam like most taxpayers. It may be because you are unsure of whether you are reporting your domain purchases and sales correctly. Despite the growth of domaining, it is still a relatively young and small industry that has not yet gained the attention of the IRS... more

ICANN’s Last Call for Whois Comments

From "Last Call for Whois Comments", a recent opinion piece by eWeek's Security Center Editor Larry Seltzer: "It's not a good sign when the criminals and the lawyers are on the same side of an issue; there may be no good solution to the problems of Whois service rules. Who would have imagined that so much business and so much abuse would center around Internet domain names? Certainly not the designers of the system, including those of the Whois service, which reports on ownership and some other data on domain names... more

.XXX is Back on the Radar Screen

The DoC seems to have finally realized it went too far by using ICANN to serve the interests of some conservative groups, as mentioned in a previous post. The new story is now that the ICANN board did not reject the .XXX application as such, but only the agreement negotiated between ICM Registry and the ICANN staff at that time. How subtle these things are... more

Top Domain Name News Stories of 2006

Record-breaking domain sales, acquisitions, and growing industry credibility all highlight a critical year for the domain name industry. The domain name industry had a heck of a year. It's impossible to rank the top news stories of 2006, but I'm going to make an attempt... Let's talk about it before the end of the year; then let's look forward to a fantastic 2007. more

Oklahoma Anti-Spammer Loses Big in Court

In November, Mark Mumma, who runs a little design firm at webguy.com, lost an appeal in the Fourth Federal Circuit. He'd filed suit against cruise.com and their parent Omega World Travel under CAN SPAM and an Oklahoma anti-spam law. Omega countersued for defamation. The court threw out Mumma's case, and allowed part of the defamation case to proceed. At first blush, this looks like a big win for spammers. more

UDRP and Article 92(b) of EUROPEAN COUNCIL REGULATION (EC) No 40/94

It has been over a year since I posted "The Non-Parity of the UDRP", how little did I know then compared to now! Since that posting, the corporations and their lawyers have given me a crash course in the law and I have learned much. There are many tricks that corporations will play on a domain name registrant in order to silence criticism of the corporation and to violate the registrants right of freedom of expression without frontiers. The UDRP Administrative Proceedings is one such trick... more