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Comment: Re:Sounds Like A Scumbag Company (Score 1) 190 190

I agree with you about this not being a big deal. At this point it's just between two parties who both want to make money off a domain.

I don't know a whole lot about the "Anticybersquatting Consumer Protection Act", but according to Wikipedia:

In determining whether the domain name registrant has a bad faith intent to profit, a court may consider many factors, including nine that are outlined in the statute:

1 Registrant’s trademark or other intellectual property rights in the domain name;
2 Whether the domain name contains the registrant’s legal or common name;
3 Registrant’s prior use of the domain name in connection with the bona fide offering of goods or services;
4 Registrant’s bona fide noncommercial or fair use of the mark in a site accessible by the domain name;
5 Registrant’s intent to divert customers from the mark owner’s online location that could harm the goodwill represented by the mark, for commercial gain or with the intent to tarnish or disparage the mark;
6 Registrant’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or a third party for financial gain, without having used the mark in a legitimate site;
7 Registrant’s providing misleading false contact information when applying for registration of the domain name;
8 Registrant’s registration or acquisition of multiple domain names that are identical or confusingly similar to marks of others; and
9 Extent to which the mark in the domain is distinctive or famous.[11]

Point by point...

1) Kneen has no relevant trademark as far as I know
2) The domain does not relate to his name
3) Kneen has not apparently used the domain commercially
4) The domain is not in use currently other than a redirect to his primary web site
5) I see no reason to think Kneen was trying to divert customers
6) Kneen may not have contacted the plaintiff, but he openly lists the site for sale on his own page. He has not, by all appearances, used the domain for a legitimate site. However, Office Space Solutions made some kind of offer to Kneen that he didn't like, giving weight to the argument that Kneen is trying to sell the domain at a profit.
7) Kneen has not tried to hide his identity
8) Kneen owns confusing domains related to Twitter and FTPAnywhere and possibly with some others I'm not familiar with.
9) The domain name is somewhat distinctive in my estimation, but not famous.

These items are not comprehensive and the courts are obviously free to consider whatever criteria they wish. Knowing how some similar cases have gone in the past, in my layman's opinion, I expect he will loose if this goes to court, but it probably wont get that far. Regardless of any potential fraudulent action by Office Space Solutions, the two parties will almost assuredly settle out of court for an undisclosed sum of money and the Internet will march on.

Comment: Re:Sounds Like A Scumbag Company (Score 3, Interesting) 190 190

According to Kneen's web site, http://www.jasonified.com/doma..., workbetter.com is for sale. He currently has it redirecting to his primary domain name, www.jasonified.com. After looking at the list of domains he owns, including many that are Twitter related, he looks a lot like a cybersquatter.

Comment: Re:Very effective, but.. (Score 1) 265 265

It's too bad no one has come up with a way for companies to denote what mail servers are legitimate senders on behalf of their domains...

All sarcasm aside, SPF records are easy to configure. If you (and by "you" I mean anyone reading this. I'm not directing this comment at the parent poster.) are responsible in any way for managing email for an organization, make sure the domain's SPF records are configured. Chances are your email or DNS service provider has an easy to use tool for writing the TXT record for you. Then, look into DKIM and DMARC once your SPF records are set. DEMARC has a nice reporting feature to alert you when your return addresses are being spoofed.

Comment: Re:Codeword (Score 1) 479 479

Code words don't exist, but I'm convinced that tech support staffs keep notes on who knows what they are doing and who doesn't. After a few years at one job and having to call Dell every few months for warranty hardware replacements my calls to tech support got shorter and easier. It got to the point where it took about 10 minutes, after navigating the phone tree and waiting in the queue, for me to confirm my identity, answer a few questions, and having them send out a replacement part.

Comment: Re:Government Intrusion (Score 1) 837 837

True, but it would not take them nearly as long to check your odometer after notifying you by mail that "You have been selected by random to have your odometer reading verified by an authorized agent of the Oregon Bureau of Motor Vehicles. You are required by law to present your vehicle at the designated BMV location on a Monday, Thursday, or alternate Saturday between the hours of 10:00 AM and 12:00 PM (weather permitting) not more than 30 days before the title holders birthday, prior to having your license tags renewed."

Comment: Re:Government Intrusion (Score 1) 837 837

Why even go high tech? Every year I have to renew my license tags on my birthday. Just report the odometer reading then and pay the appropriate taxes at that time. In my state with my car it works out to about 1.5 cents per mile. At that rate, I'd pay about $180. Maybe less if they slanted it by weight of vehicle, charging commercial trucks more and passenger cars less. It could be abused, sure, but odometer readings can be reported at time of sale or, depending on where you live, when the car has to go in for emissions testing. Random spot checks could be done as well at the bureau of motor vehicles. It would not take more than 5 minutes for an employee to check an odometer.

Comment: Re:Stupid (Score 1) 387 387

I'm seriously considering a Neo Smartpen for my own uses. It's under 200 bucks and will be good enough to digitize and organize my handwriting and doodles. I've been logging phone calls and jotting notes in lab books for over a decade, and this looks like a very reasonable way for me to continue to work the way I have been and turn my notes into searchable documentation. The down side is that it requires their special paper, so arbitrary sized work spaces won't be possible.

http://www.neosmartpen.com/?

Comment: Re:Hacked (Score 1) 369 369

Furthermore, I would argue that bypassing the Sony rootkit is not a felony under the DCMA because, by my reading of section B below, the Sony rootkit does not "effectively control access to a work" because audio CDs with this DRM scheme will work perfectly adequately in a CD player, or Linux or Mac computers where the rootkit can not execute. Since the rootkit is not required to operate to gain access to the work under most circumstance, bypassing it should not be illegal under the special circumstance of playing the CD on a Windows PC.

Section 103 (17 U.S.C Sec. 1201(a)(1)) of the DMCA states:

        No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

The Act defines what it means in Section 1201(a)(3):

        (3) As used in this subsection—

        (A) to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
        (B) a technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

Comment: Re:Hacked (Score 1) 369 369

Where in the long list of notes you linked does it say Edward Felten was "arrested"? Everything there is in reference to a civil suite in regards to him and his team publishing details on weaknesses in audio watermarking, which has nothing to do with the Sony rootkit debacle. Civil suits are not the same as criminal preosecutions, and you don't get arrested just because someone sues you.

Felten's Wikipedia page has references to his involvement with the rootkit investigation, but no mention of arrests. http://en.wikipedia.org/wiki/E... Sony was on the receiving end of many civil actions for that SNAFU. There were a lot of jokes at the time of arresting people for selling Sharpie markers as DRM circumvention tools.

Have you ever noticed that the people who are always trying to tell you `there's a time for work and a time for play' never find the time for play?

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