Trademark Lawyers Push For Crazy New Domain Rules Making It Easy For Them To Take Away Others' Domains
from the maximalist-land-grab dept
IP maximalists now seem to be targeting ICANN as yet another way to overclaim their rights and block legitimate domains from existing. As we've been discussing, there have been several fights concerning the new generic top level domains (gTLDs) where we've seen folks like the entertainment industry demand extra special measures to keep them from being used to infringe copyrights. But the trademark folks may be going even further. We already have the (somewhat flawed) UDRP (Uniformed Domain Dispute Resolution Process) system for trademark holders to try to claim rights over a domain. This process lets trademark holders go through an arbitration process if they feel someone is abusing a trademark in a domain. In the past, we've discussed how this process is pretty sloppy, but it still heavily favors trademark holders. As in many arbitration situations, the big companies who bring back business to the arbitrators (magically) seem to win quite frequently.However, that's just not enough for these trademark holders. Last year, for these new gTLDs, they were also able to establish a separate process, the URS (Uniform Rapid Suspension System) which, everyone was told, would only be used for the most egregious cases of trademark infringement -- the cases where it's so totally obvious that the domain in question infringes that the whole process can be cheap and streamlined.
However, before this process has even really been tested, trademark holders are trying very, very hard to basically lower the standards on URS and broaden the reach of it, such that it more or less replaces the UDRP process -- and thus makes it a system that lets trademark holders seize the domains of those they accuse of infringement very cheaply, with minimal review, and to also block certain words from being registered in domains. Even more incredible? They're abusing an ICANN comment process to push this plan (which ICANN had earlier rejected).
All of this came out recently in a letter to ICANN's board raising concerns about this effort. ICANN had opened up a comment period for a specific issue having to do with gTLDs, and the trademark folks went hogwild, asking for all of these other things, including:
- Lowering the standard for when the simplified URS process (seize domains quickly, ask questions later) process can be put in place. Originally, the bar had been set high so that this process could only be used in truly egregious cases where there was no question that the domain was infringing. But the proposal sought to lower the standard such that it's the same as the UDRP standard (effectively stepping in and replacing UDRP).
- Changing the already agreed upon URS system, such that domains that go through the process aren't just suspended, but transferred to the trademark holder. In other words, rather than just shutting down the domain, this fastpass system would simply turn the domains over to the trademark bullies.
- Saying that the URS process (which was developed just for these new TLDs) should also be expanded to cover the most important TLD of all: .com. Yes, that's right. That's the goal in all of this. To actually make it much, much easier for trademark bullies to completely shut down and gain control of domains that they don't like others to use, and to do it cheaply, with very little review.
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Filed Under: domains, gtld, trademark, udrp, urs
Companies: icann
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Alt DNS
Anybody can decide they're going to print a phone book.
EG ANYBODY can decide to become an independant domain registrar and completely ignore the ICANN DNS BS.
They could actually kinda replace the DNS system altogether by using the same IPv6 endpoints and encapsulating the data in such a way as to ignore the old standards--which means they'd also be free to make a new standard... maybe use torrent peering techniques to replacing the tcp/ip packet routing & bandwidth limitations (like a super TOR, kinda...)
Maybe Google, Anonymous, 4chan, ThePirateBay or anybody else should look into doing such...
/free flowing thought rant
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Re: Alt DNS
That said, browsers (through bookmarks/caches/histories) and search engines could potentially take on the brunt of content to address translation. It would certainly make telling someone a specific site a little harder, though.
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Re: Re: Alt DNS
Anybody remember "AOL keywords"?
Pretty sure there's others too, just not coming to mind.
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Re: Alt DNS
The other main benefit of peer to peer protocols is redundancy and a distributed architecture. DNS already is structured to be redundant and distributed in other ways. The contents of the root zone file is determined at a single point, but the distribution of these contents is indeed, redundant and distributed.
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In a darkened, smoky room of an evil volcano island...
*lightbulb appears over head*
"Hey, ICANN isn't beholden to stupid voters! Lets get them to do the dirty work that keeps us in control of things we're not qualified to be in charge of!"
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You see, even ppl with very small and limited power (ie: your supervisor) often abuse that small little power to try to fully restrain and control those who are below them, why wouldn't any1 with shitloads of power try to do the same?
It's yet another very unpleasant human trait: to cling and abuse power to control other human beings, just because they can. Just give them a tiny little bit of power (financial, political, hierarchic) and they'll show their true colors.
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Just the latest in attempts to make an end run around perfectly legal criticism sites
http://www.techdirt.com/blog/?tag=sucks+sites
Company legal mouthpiece referring to citizen protest websites on the Internet: "Their speech may be legally protected, but not without our permission"
If they have their way, say goodbye to the fill-in-the-blank "TRADEMARKED NAME"sucks.com/.net/.org/.whatever sites.
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Re: Just the latest in attempts to make an end run around perfectly legal criticism sites
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Re: Just the latest in attempts to make an end run around perfectly legal criticism sites
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Since each ccTLD is managed by its own country, the ICANN rules do not apply to domains registered under ccTLDs.
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Disclaimers: I'm just a spectator in this war, I don't have an opinion one way or the other. I don't have any opinion on ms. Cox as I don't know her or her activities well enough. I don't like mr. Randazza.
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I was merely interested in the issues surrounding personal name domains: not exactly on topic, but related.
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To go after toddlers and family members in this way, no matter what you think of the targets themselves is criminal in most places in the world. Not to mention any parent who has this happen to their daughter is going to dream of acts to do to this idiot that might land them on the front page of the paper.
For examples of this do a google search on "Randazza Cox" nearly every single one of those sites is owned by Ms Cox via GoDaddy and Blogger and they all try to extort money from people after she has written the post and then tried to intimidate and harass them.
Her diatribe on Marc Randazza is just the tip of an extremely large iceberg of in my opinion onset of a psychological disorder
Even her Flickr account has this disorder showing throughout.
I'd encourage anyone who has a blog to draw attention to this woman's unethical and wrongful conduct. And I would encourage any attorney who is representing her to seek help for her in her own best interest and the interest of the court.
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Re: Re: Apologies to Carol Cox (A lovely lady)
I apologise profusely for this error.
The person in question is in fact Crystal Cox who is the defendant in "Obsidian Finance Group, LLC v. Cox" with Eugene Eugene Volokh and Benjamin Souede as representatives.
Carol Cox is in no way, to my knowledge, associated with Crystal Cox or this matter.
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ICANN will do whatever's most profitable for ICANN
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Re: ICANN will do whatever's most profitable for ICANN
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Re: ICANN will do whatever's most profitable for ICANN
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Pass the pop-corn.
Look, the Internet is the ultimate socialist tool. It is an incontrovertible fact of this new (check your calendars arseholes) millennium. It was developed initially by the United States of Greed and Paranoia’s mighty military-industrial-greed and brain-trust complex (funded by the UsoGaP’s own fascist money - can you say "hoisted by their own petard?").
These people are utterly mind-fucked. They can't even win a conventional war they started against a country with 1/15th the population, they can’t even shut down the Pirate Bay, after 10 years of pissing in the wind, er, trying.
Yeah, they'll slow down a few of the less knowledgeable (e.g.: many windows losers, er, "users", who know jack-shit about computers, or even electricity for fuck's sake) until new tools for the dumb are available and then sharing will grow yet again exponentially as it has each time they “killed” it in the last 10-15 years. They will never win, period.
But let's get real: they can steal domain names (make no mistake: they ARE thieves for stealing domain names) and shut down whatever domain names they fucking want (boy, all that effort to kill megaupload, and already 10 more have taken its place, and they’re better and harder to get - thanks for spurring on innovation bullshit, I mean bush, obummer and all you other fascist dimwits). They tell us that they can literally kill whoever they want (whimsical execution by a hanky-wave of the state is called legal in the United States of Gone Butt-fuck Insane), but it won't do anything more than wear the fascists down to nothing by trying to kill file-sharing. Will you dumb fucks ever learn the meaning of the term "root cause"? The Internet is jist one way of many to file-share, dumg-asses.
It’s too late. Your decades of pure avarice are back, fascists. Only this time, they’re after YOUR LUNCH and they’re dying of starvation thanks to you and your horrible track record. Maybe it’s time to, I don’t know, rescue your country from its precipitous decline or something.
You simply cannot kill ideas. A domain name is just a 20-year-old idea to make the World-Wide Web easier to use for the intellectually-challenged (like typical windows user types). There are many other existent ways to move around the Internet that don't need domain names and new convenience methods are constantly in development.
Look, you can take a person's name, but guess what - the person still exists, and so does a domain, even if you steal the name (which is what you're doing - you are thieves). You can kill the person, but the idea will NEVER go away. Give the "fight" up, you lost before you even knew there would be a fight.
This ought to blow your minds: take away the internet completely and you now what? There will still be massive file-sharing. File-sharing would probably just increase in magnitude.
The trouble with money-blinded greedy fuckers is they cannot fight a fight where money is not involved - they cannot fins a way to oppress ideas – only people (and that is always purely temporary).
Heh, heh, heh. Pass the popcorn. I love to watch these dinosaurs flail and die.
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Re: Pass the pop-corn.
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not an abuse of comment process
Given that, I don't view items 1 and 2 above as being good ideas. It was Verizon, AT&T, Microsoft and CRIDO/ANA (Coalition for Responsible Internet Domain Oversight and Association of National Advertisers) that were the main parties making comments in support of making URS more favorable to big brands. One of their arguments was that defensive registration of 2nd level domains under a new gTLD was more expensive than registration of just a gTLD.
Readers here ought to be interested in the following portion of a Verizon comment:
"Amending the PDDRP to offer real remedies against new registries that become havens for cybersquatting and other crimes, with the lower “preponderance of the evidence” standard of proof. Registries should be held accountable when acting in bad faith and with willful blindness for fraudulent and illegal activities shown to arise on a continued basis in their delegated gTLD." Verizon (29 Feb. 2012).
I find the phrase "cybersquatting and other crimes", as if cybersquatting itself was a crime, to be rather revealing.
I think it's funny that someone, other than Verizon, registered verizonwireless.xxx, though I don't see why Verizon should get so freaked out about that as it's not plausible that Verizon would run a porn site. Am I being naive?
ICANN's summary of all this indicates that nothing will change for the current round of gTLD applications. These battles will be seen again for the next round, in 2 or 3 years.
Please note that item #3 above, applying URS to .com, was not part of this ICANN comment process, but a "horrendous idea recently advocated by a former President of ICANN’s Intellectual Property Constituency" (from the referenced article).
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Re: not an abuse of comment process
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Speaking of "fuck you" uses for domain names...
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Trademark Lawyers Push For Crazy New Domain Rules Making It Easy For Them To Take Away Others' Domains
You have a very good point of view when it comes to own email domains. You could also visit the site http://ownemaildomain.net/ as it gives you the best information that you will need regarding creating your own e-mail domain. The site has step by step instructions and the site creator shares his lessons learned from his over seven years of having his own email domain. This surely gives satisfaction guaranty.
Best of luck."
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