Cybersquatting Disputes Resolved Online? 90
worth writes "Network Solutions, Inc. has launched a new site to help resolve domain disputes online. They call it the online center for Domain Name Dispute Assistance." sounds like a very good, much-needed service. If it works.
About Time (Score:1)
Cybersquatting (slightly offtopic) (Score:3)
Also, have you looked at some of the prices of domain names on online auction houses (ebay, etc)? they are crazy! some guy (or gal) is trying to sell really rubbish domains like e4banks.org for thousands and thousands of dollars. Its ludicrous! Just because a nifty domain like business.com sold for millions, they reckon they can get a slice of the cake too. Well, its not going to happen, dudes! The only domain that actually had any bids at all was jenniferaniston.co.uk ...
I'd like to see some sort of clause whereby you cannot sell a domain within a certain period of buying it (say 1 to 3 years) that would hopefully discourage these get-rich-quick merchants.
cheers...
Thank god. (Score:1)
However, I still see problems such as the etoy case happening because the courts are so clueless as to the establishment of domain names.
Let's hope (Score:3)
Chas - The one, the only.
THANK GOD!!!
Isn't it ironic... (Score:2)
Otherwise its basically sound. Let's just hope that they follow their own rules. I don't like all aspects of the domain name rules, but .com stands for commersial, and therefore we will have to accept commercial rules there.
Very high on my wish list is a top domain not ruled by the needs and greeds of big coropration.
A better way (Score:2)
I think that a better way to resolve domain name disputes would be an online voting booth with the bandwidth of kernel.org.
We could even have a new slashdot section called 'Domain Jihad', where every article would be about some domain, somewhere that needs our help.
(Did I mention that the online voting booth wouldn't require cookies?)
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Lex Informatica (Score:3)
This still doesn't solve the fundamental problem: domain names are unique, while you can have multiple identical trademarks, assuming varying locations or products. Acme auto vs. Acme fishing tackle, but only one acme dot com.
A start, but not a good enough one.
Criteria for losing a domain name; discussion (Score:5)
(1) you have it only to sell it back to them;
(2) you have it only to stop them from using it;
(3) they're your business competitor and you're using it to "disrupt" their business; or
(4) you're impersonating them or faking their sponsorship for commercial gain.
1 and 2 are reasonable, 3 would be a problem if it applied to just anyone (people satirizing or criticizing the trademark owner a la gwbush.com) but is OK restricted to business competitors, and 4 is alright in spirit but could be misused by broad interpretation ("That guy whose last name matches our paint company's trademark is using the disputed domain name to attract customers to his tax consulting business", etc.)
Mostly seems a pretty fair set of rules against both cybersquatting and domain bullying. Exception is that vague 4 may still allow some bullying.
Section 2d dubious (Score:1)
The new Uniform Domain Name Dispute Resolution Policy allows the complainant to include any domain name that is confusingly similar to their trademark as well as identical to their trademark.
/snip
I wonder if the motivation for the new policy is to actually help resolve disputes, or to give some leverage to big money companies. Commerce on the Intenet is good, but the commercialization of it isn't.
Re:Cybersquatting (slightly offtopic) (Score:1)
although i don't encourage (or discourage) the sale of domain names, some companies do deem it to be sufficiently feasible and profitable to own domain names relating to their businesses.
NSI hipocrisy (Score:2)
a.Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
i.your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
ii.you have no rights or legitimate interests in respect of the domain name; and
iii.your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
Re:Domain system is lame (Score:1)
Seriously, a domain name doesn't make millions, a GOOD business plan does. If you have a good business plan, and a good product/service, people you won't need some special name to visit you and spend their money.
The fact that your desired domain name isn't even running should be a bonus - no competition. Get off your duff and go for it. It's working for me.
Scalpers (Score:3)
While this is an interesting PR move, it doesn't solve the underlying problem of domain squaters, and their practice of scalping a name.
Actually, I'm curious why more states haven't tried enforcing their scalping laws (i.e. some laws allow for no more than ~10% over the retail price). Scalpers are an interesting breed. They make money off of someone elses (often short lived) brand name. When a record company hears someone scalping a ticket, they often don't take action because it's good PR in that the person hearing story thinks "wow, they payed X to see Y?, they *must* be good). Similarly, this is often the case in domain squating (i.e. ~X million for blahblahblah.com? wow..e-commerce must be hot).
Now allow me to be clear here, I'm not talking obvios domain names without brand name investment, I'm talking about names that people (companies) have spent a lot of money to build brand awarness. Scalping this well built up name is wrong and more states should use the scalping laws already on the books.
_________________________
Re: Warning: possible Troll hunt (Score:1)
If you tried to start an "e-business" with nothing but a cool domain name, you certanly don't deserve any millions.
"amazon.com" was worth exactly zero bucks until that book$tore moved in. Slashdot would still be slashdot even if I had to type "http://209.207.224.42" before bookmarking.
Just another way for NS to extort money (Score:3)
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Re:Isn't it ironic... (Score:1)
You mean like
Cheers,
Tim
.web? (Score:2)
I'll admit that I'm a purist - I think that .com should be reserved for buisness purposes, .net for internet buisness, and .org for organazations (sp). So what we need is .web and .per (personal). The .per is really important as the internet grows. The .per could be reserved for familes and individuals who just want a page. It isn't commercial, it isn't an organazation, it's simply their "home" on the web.
Re:Criteria for losing a domain name; discussion (Score:2)
Don't think so. (Score:2)
At this point, due to netsol's track record along these matters, I'm too skeptical not to believe that things will continue to go the way of anyone who has a bigger wallet, and this is simply eye candy that's designed to merely put an air of legitimacy on this whole thing.
If someone doesn't want his domain to be yanked out from under him, the only way to assure that is to take his business to a different registrar that has much more sane dispute resolution policies.
This brings up a related point: I just happen to notice that aol.com is now registered by AOL's own domain registrar. Of course, there's no way in hell that anyone would permit aol.com to be reregistered in such a way as to make the domain vulnerable even for a split second, like what happened to races.com.
Which begs the following question: how can Joe Shmoe have his domain moved to a competing registrar without any chance of losing it due to netsol's usual fuckage, or is this a privilege that's only reserved for huge corporations with a fleet of lawyers?
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Not ironic at all (Score:2)
Too little, too late (Score:1)
Re:Lex Informatica (Score:2)
I'm referring of course to geographic TLDs. The rule is simple. Names are first come first serve unless you present proof of a trademark in a given region. In the case of two companies having the same trademark in the same region, but in different businesses, the second applicant will just have to use a qualifier (Acme auto got there first so it got www.Acme.raleigh.nc.us, Acme fishing tackle will just have to settle for www.AcmeFishing.raleigh.nc.us)
Why do companies continuously look for solutions to problems that were solved years ago?
News Flash (Score:4)
Following the lead of several other companies, NSI announced today that it was patenting it's "flagship product", domain names.
"It was a logical move in today's patent-centric world", said the CEO of NSI. "We will be requiring that each person who acquires a domain name from us agree to the new license and pay a new fee; starting rates are $100,000."
On mention that this seemed steep, he replied, "Hey, nobody is _forced_ to purchase a domain name. "
The new license requires, among other new terms, that the domain can not be used to publish information about internet domain names-- unless authorized by NSI.
Re:.web? (Score:2)
it would also please me if US companies started becoming a bit more geographical and using .co.us like we do here in the UK. the recent whoha with etoy vs etoys just shows the whole concensus that seems to exist that only north americans should own those domains (re: judge suggested that etoy.com should be moved to etoy.ch or some such, because one of the guys was swiss). there are several reasons for this:
(a) i don't want to order stuff from america. international organisations who sell in several countries should be allowed to own a .com, so that way you know that they can trade in your country (its tiresome finding this out, and also tiresome all those offers and competitions open only to residents of the US and canada)
(b) i happen to be "into" security and i would like to download encryption products from time to time. there is open source stuff available on many .org sites that contains stuff i would like to download ... however, not being an expert in US law, i don't know who the responsibility lies with when i get something that is apparently not exportable. i don't want the nsa or fbi (or whatever) knocking down my door because i downloaded a secure ftp client. (and for that matter, are there any non-americans who have found a windows client that can do scp and that is also free?). if the stuff is meant to remain within the US, then the author should make sure that people are informed of this! and have, like, .org.us or something
I also think its unfair that Americans hog the top level domains (.gov, .edu, etc., - this is part why people assume that .com's should be exclusive to america too I guess).
My last point is a question: who controls the .com .org .net top level domains? supposedly it is network solutions but they are controlled by the US government, but dammit, they are meant to be for people across the whole world, so just what is going on? and does the trade embargo the US has with various countries (libya and north korea i expect) mean that companies there cannot have a .com address if they choose?
Re: Warning: possible Troll hunt (Score:1)
And even when I hear these "clever" names it doesn't spark my interest because it seems cheesy. I would actually prefer 209.207.224.42
I s'pose I could use the news media for free advertising...then my name would be all over the search engines. But that's a tricky game.
Gone are the days of just hanging a sign on the door.
Troll?
.:*~*:._.:*~*:._.:*~*:._.:*~*:._.:*~*:.
What about this site? (Score:2)
.com.au seems to work these days. (Score:2)
This doesn't change the fact that all of my preferred domains are already gone but it does make cyber-squatting that much harder.
It also doesn't do anything to help situations where multiple tradmarks exist across different industries, but I don't think DNS can ever fix that.
FWIW, even if you banned the registration of trademarks as top-level domains, there would still be conflicts on name similarities, and the larger corporations would start dummy companies just to get the domains anyway...
M@T
Re:Just another way for NS to extort money (Score:1)
If they feel their business is so impacted, they will justify spending the money themselves to their management and they will be required to prove their case.
Let the Big Guy put their money where their mouth is.
Re:Cybersquatting (slightly offtopic) (Score:1)
Problem is, The person that made that bid didn't contact the current holder with payment details - it is looking like a hoax.
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Re:Cybersquatting (slightly offtopic) (Score:1)
Whoa there... it's true that someone bid $10 million for it on eBay, but we don't know yet if it's for real.
If it's true, the buyer is very foolish... Y2K is yesterday's news, and this domain has already lost most of its value.
Re:Just another way for NS to extort money (Score:1)
Assuming it is a Big Firm that is making the complaint - there are plenty of cases of big, international firms coming into
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Ironic (Score:2)
Anyway, I'm more than a little leery of this, given NSI's track record. It took me three hours on the phone, long distance, and five phone calls, to get my NAMESERVERS changed. And I'm supposed to trust these people to resolve a domain name dispute for me? I don't think so. Also, NSI is a corporate entity. Their contracts essentially say that they have no liability to provide you with the service you're paying for. Why would I want a commercial company to decide whether or not I get/keep my domain name? *Particularly* a company that registered that domain name in the first place?
Or, particularly, a company that *didn't* register that domain name in the first place. What if you got your domain name through, say, register.com instead? Would they be more likely to say you were a cybersquatter?
I haven't had time to carefully read the document where they outline the policies, just glanced at it briefly (got to get to work). But I don't trust NSI as far as I can throw 'em.
This is how they do it... (Score:2)
Not quite... (Score:2)
Quote from slashdot story
Those rules are ICANN's Domain Name Dispute Resolution Policy. This policy ensures that the conditions under which a domain name can be disputed are strictly limited. For such a dispute even to proceed, a complainant must assert that each of three things is true:
These rules went into effect for some domain name registries on Wednesday, but will not apply to the most popular registry, Network Solutions, until January.
Re:Isn't it ironic... (Score:1)
Also run by network solutions unfortunately.
Try to register $BIGCOMPANY.net|org and see if they invite you to join the fun lawsuit game...
legal tests (Score:2)
NSI has 2 "good" rules here, 1 "okay" one, and a elastic #4 of which they might as well have sent up a flare to the critics of their system as it so blatantly screams "Hey look, we've changed! We just rewrote the rules to keep doing what we're doing!"
Re:Isn't it ironic... (Score:1)
NCC-1701D Stolen by NSI! (Score:1)
Re:Lex Informatica (Score:2)
This actually isn't a good solution. Unless you have a good way to lookup domains. Better then a search engine anyways. Or a national domain. Otherwise, what kind of domain would Amazon.com have? amazon.seattle.wa.us?? What if they move?
-BrentSame info with clarification (Score:4)
Let me explain...
From the ICANN Uniform Domain Name Dispute Resolution Policy [icann.org] , where NSI got their rules, it states that applicable disputes occur when
Secondly a clarification, you said
you lose a domain to someone if...
(2) you have it only to stop them from using it;
the ICANN rule is actually you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct ;
PS: NSI's policy [domainmagistrate.com] is identical to the one on the ICANN page.
Re:Lex Informatica (Score:1)
Re:.web? (Score:1)
I agree with that wholeheartedly. The NSI (or someone) needs to do a little better enforcement if just anyone can have a .com, .net, .web, or whatever. If there's an Acme Widgets, they are acme.com, and Acme Internet gets acme.net, etc. The new TLDs need to get in soon, and who is allowed to use which TLD needs to be better regulated.
It would also help if everyone had to use the geographical TLDs. Right now, .com and the others are a mish-mash of everyone in the world.
It wouldn't apply (Score:1)
Clueless Slasdot posters (Score:1)
All they did was put a web site that describes the ICANN dispute policy. the same policy that governs register.com, CORE, Name secure, AOL, an a whole bunch of companies wo register domains (listed at Internic.net). Their site is a FAQ about this policy and nothing more.
Re:Too little, too late (Score:1)
Since the prior emphasis was on keeping cost's down, there was not any reason to arbitrate who got what. If there is a reason to give a domain to one group or another, it will be because it will generate money for NSI.
Do it right, do it now, look good doing it.
Doesn't work if I use another domain registrar (Score:1)
Litigitousness, not greed (Score:2)
(If it sounds like I have no patience for gold-digging cybersquatters, you'd be entirely correct).
I wrote a slashdot post recently on the foolishness of letting NSI arbitrate valuable domain names with no legislative muscle behind it. Click on my user info and look at the article entitled "Capital Wins, News at 11" if you'd like to read it.
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http://www.domainmagistrate.com (Score:1)
Re:.web? (Score:1)
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CENSORSHIP AT NW SOLUTIONS... (Score:1)
CENSORSHIP AT NW SOLUTIONS... (Score:1)
Re:http://www.domainmagistrate.com (Score:1)
http://www.domainmagistrate.net
http://www.domainmagistrate.org
http://www.domainmagistrate.gov
http://www.domainmagistrate.mil (those last two might be a little tricky)...
and not to mention spelling and other variations.
Disputes.org/eResolution.ca service opens today (Score:3)
Today, as it happens, marks the opening of the Disputes.org/eResolution.ca Consortium. We'll be providing the first wholly online domain name dispute resolution system, and we have a very distinguished panel of arbitrators. It's all explained in our press release [eresolution.ca] or you can go straight to either the eResolution [eresolution.ca] or Disputes.org [disputes.org] homepages.
The Consortium is accredited by ICANN [icann.org], which means you will be able to use our services for all gTLD-related disputes in the legacy root, including domains registered by NSI. I expect we will be listed on the NSI "Domain Magistrate" page soon (as I understand it, that page is really just a front end for the ICANN-mandated dispute process [icann.org]).
I'm a founding member of disputes.org, so I'm biased, but I think our international panel of arbitrators is pretty impressive [disputes.org] and the online complaint forms [eresolution.ca] are handsome and functional. What do you think?
P.S. For this purpose, ignore my automatic .sig below. My participation in disputes.org is not connected with my day job....
A. Michael Froomkin [mailto],
U. Miami School of Law,POB 248087
Coral Gables, FL 33124,USA
A Parable of Slash (Score:1)
Not for resale? (Score:1)
I should think you have to demonstrate a legitimate interest in the domain (i.e., be using it, and not put up a squat site) - and should it be demonstrated that you are a squatter, the domain name is revoked. This is conceptually simple, since the distinction between legitimate use and a squat is pretty clear...
Of course the chances of this happening are slim, since it means less money/more work for whatever registrar takes up this policy. I fear only a legislative solution will repair this... if only Clinton wasn't such a dumb shit about this.
SA
HOGWASH! Life's not fair! It's a free market. (Score:2)
What's going to happen? Maybe 10,000+ people are all sad about not getting a SINGLE domain name.
Think of how *FEW* people can _own_ $LASTNAME.com
TIP TO DOMAIN NAME REGISTRARS: Register your name outside of the US, and claim that NSI rules aren't enforceable in your country of incorporation.
When will people finally realize that $100 domain names was like the US land grant? It's almost over. Domain names will *Never* be $100 again. If you're upset AT YOURSELF for not registering names for $100, don't expect NSI to step in and MAKE RULES that somehow allow you to have "your" domainname for only $100!
Remembering IP addresses (Score:1)
US-centered? (Score:1)
Here's how the new Policy differs from the old:
"State and common law" trademarks? What if my .com trademark is registered in another country?
"Nationally registered trademarks" is an interesting notion. Are we to automatically assume that they're referring to the US? Is the US the only "nation" in the world, or is if the only thing to be associated with .com?
"confusingly similar" is what started this whole etoy/Etoys thing. I find this unbelievable. Can I sue someone that has a "confusingly similar" telephone number?
year2000.com (Score:2)
etoy vs. eToys legal precedents (Score:1)
Now, I know what you're thinking: etoy registered their domain name sooner, so this doesn't apply to them. The thing is, etoy did some things that certainly look like taking advantage of name confusion. For example, they put pictures of toys on their front page, and their selling of "shares" looks like it was prompted by the eToys IPO. That makes it much harder for them to claim there is no confusion or dillution of the eToys trademark, which is what the suit was about.
I think that who would win the court case is very unclear, but it's also unclear what would happen if etoy lost. The judge might simply tell them to stop putting pictures of toys on their site, put up a link to eToys, and go about their business. Taking the site off-line was just a temporary measure until the case was heard.
Wish List (Score:2)
2)
3) Use it or lose it. I would like to own, or even be able to purchase moc.com from Marathon Oil Company, especially since they do all their business through marathon.com. Other great unused domains? Think.com and toys.com are growiing dust. toy.com is considered so invaluable that it's owners are taking the much more popular etoy.com to court.
On another note. I'm wishing I was fast enough to purchase passport.com when it wasn't renewed. I would have used it and loved it. (That's a joke. Laugh.)
Re:etoy vs. eToys legal precedents (Score:1)
The difference, of course, is that UCLA was in operation long before ucla.com was registered, while etoy.com was registered before eToys even existed (not just before they registered etoys.com). Unless someone in Switzerland has a time machine, the domain name can not possibly have been chosen to cause or exploit confusion with eToys.
Re:Remembering IP addresses (Score:1)
if slashdot was called karma72.com, we'd all be
used to it and it would be just as successfull.
Re:Family Name issue - grrrrrr (Score:2)
But then who's going to be the judge of whether a "family organization" was really created for the family or not? Some families have very active groups, while others just have someone who organizes a family reunion every ten years. Hard to separate a "real" family organization from a simulation.
At least I'm not a McDonald and all the name complications that could have.
This is just ICANN's Uniform Dispute Resolution Po (Score:3)
Whether this is a good idea remains to be seen. The arbitration system used is unusual (compare the American Arbitration Association [adr.org]), and the laws under which disputes are to be decided is unclear. Major disputes will probably still lead to litigation. We'll have to see how this works in practice. But don't blame NSI for this one. Esther Dyson, maybe.
Re:etoy vs. eToys legal precedents (Score:1)
I think you missed my point. What I'm saying is that the etoy case is muddied by their bahavior with regard to name confusion with etoys.com. Their purpose or timing in registering the domain is irrelevant if they later intentionally took advantage of name confusion with a trademarked entity.
Re:.com.au seems to work these days. (Score:1)
Probably not. As long as Amazon was already a registered business name, they would have a legitimate claim to register the domain.
In situations where a particular domain name might be sought after, its still a case of first in first served, but you need to have a legitimate claim to it, such as a registered business name or trade mark - you can't register a
Note: this is only for
Also, Amazon own amazon.com.au [amazon.com.au].
M@T
Re:It wouldn't apply (Score:1)
Re:etoy vs. eToys legal precedents (Score:1)
not necessarily. the fact that they are named eToy already shows that they have some kind of affinity for toys, and did so long before eToys. just because eToys shows up doesn't mean they somehow lose their right to display toys on their page. and it's not at all surprising that they'd want to do something related to IPOs as a social commentary/parody, that doesn't have anything to do with eToys.
The judge might simply tell them to stop putting pictures of toys on their site, put up a link to eToys, and go about their business.
for your sake and mine, I sure hope not! a judge has no place in regulating the content of an artist's website in any way, either in saying there's things they can't display there (toys) or saying there's something they MUST display there (a link to eToys).
Taking the site off-line was just a temporary measure until the case was heard.
sure, take their domain down for a couple of months. it's only a temporary measure. yeah, that's fair. maybe to be really fair both eToy AND eToys should have had their domains revoked until the dispute was resolved. now THAT would be a good way to resolve the dispute in a hurry...
Re:Not quite... (Score:1)
Re:Lex Informatica (Score:1)
acme.motors.11fernstreet.westhartford.ct.us
A dot com domain has massive prestige value relative to the
And multinational corporations?
It's Just the ICANN UDRP (Score:1)
NSI appears to have simply repackaged the ICANN material and branded it as "domainmagistrate.com." Every other ICANN accredited registrar has the same policy. It is required by their accreditation agreements with ICANN [icann.org]. Give the NSI marketing department credit though for getting all the press on this one.