Does A Movie From 1983 Give MGM Permanent Control Over The Domain Wargames.com?
from the would-you-like-to-play-a-game? dept
The domain name arbitration game is a tricky one, especially if you're going up against a big company. Unlike the legal system, the system for domain name arbitration is... well... somewhat arbitrary. You're bound by the rulings of arbitrators who don't have to work off of any precedent and often make decisions without clear reasoning. Rogers Cadenhead, a Techdirt reader, is apparently going to blog about his ongoing domain arbitration battle with MGM over the domain wargames.com. MGM claims that due to the 1983 movie War Games, they own the right to the domain in question. Cadenhead, however, has a decent argument against that. He's owned the domain since 1998, and clearly has not been using it for squatting purposes (the easiest way to lose your domain name in an arbitration suit). Instead, he's spent some time setting up an online business selling computer games that have something to do with a war theme. Given the history of the domain name arbitration game, where the big company almost always wins, the deck is stacked against Cadenhead -- but in the meantime, it seems that MGM's suit may have just helped pump up extra attention for his site.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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source: http://www.cinematical.com/2006/09/07/mgm-plugs-five-new-sequels/
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This is just another example of a big corporation muscling a smaller competitor out of the way.
It's worse than that - the smaller guy isn't a competitor. He's not making movies, nor is he selling anything related to the movie in question. In short, he's not trying to bank off of MGM's intellectual property or offer anything directly competing. MGM is, quite simply, being a bully in this situation.
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Damn It that SUX!!
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why not just change the suffix ??
although i don't believe MGM has an inherent right to wargames...
what happens if the US Dept of Defense decides they want that domain..can they take it by eminent domain ??? lol
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Re: why not just change the suffix ??
The DoD has it's own top level domain (.mil).
As for eminent domain, I suppose it could be argued that because there is not tangible item, that the concept does not apply. I doubt I would do well in court with that argument though. Probably just as well I'm not a lawyer.
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Re: Re: why not just change the suffix ??
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Get over it MGM
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Sounds like a
[MGM W.O.P.R. to Cadenhead]
"Would...you...like...to..play... a game?"
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Maybe there are some good domains left.
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Someone call a whambulance...
I kinda agree with itanshi. They probably wanted to use the domain for an upcoming sequel but when they went to register it and found out someone else was already using it they got mad and brought in lawyers to figure out how to get it back.
And glitch I bet the reason the don't want to just change to .org or .net is that they know if they used the site url in an ad most people would just assume a .com and when they typed it in the net surfer would end up at Cadenhead's page. And you best believe that the execs at Cadenhead have somehow translated that possible mistake into "lost revenue".
Now if I had any power at MGM I'd offer a deal for Mr. Cadenhead. I would offer to buy some ad space on wargames.com and simply put something to the effect of, "If you are looking for the official War Games movie site the click here." And as part of the payment MGM would put up an ad on their site to the effect of, "If you are looking to buy various war simulation games then click here." That way they both come out on top by cross advertising.
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Why not a more suitable TLD...
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Re: Why not a more suitable TLD...
Think about it. A company such a Wallmart doesn't bother to register the domain Wallmart.Movie a disgruntled customer/employee registers it and then puts up info, or even a video critical of Wallmart.
The only option Wallmart or any company has, is to register each and every one of the TLDs that pertain to the company. For a big company like Wallmart, that isn't a big deal. For smaller companies, it can get very expensive.
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Re: Re: Why not a more suitable TLD...
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Nissan.com
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How about a .film?
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This guy is clearly within his rights to own that name, he registered it first.
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If he loses...
www.Isellwargames-MGMsucks.com
Sure, it's long, but it'll be easy to remember that MGM sucks. I do hope he wins. I think people here have raised a number of valid and reasonable points about why MGM is in the wrong on this one.
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Ya right
That is the American Way!
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