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Disclaimer in Trademark Registration Sinks UDRP Action

A trademark owner who notices that someone else has registered a domain name incorporating the owner's mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for short). This often serves as a quicker and less expensive alternative to pursuing the cybersquatter in court. To be successful under the UDRP, the "Complainant" has to show all of the following three elements... more

ICANN Sets the Schedule to Kill Domain Tasting

Domain tasting, as everyone probably knows by now, is the disreputable practice of registering lots of domains, seeing how much traffic they get, and then using the five day Add Grace Period (AGP) to refund the 99.9% of them that aren't worth paying for. A related abuse is front running, registrars speculatively grabbing domains that people inquire about to prevent them from using a different registrar. more

Apple iPhone Apps Store: Refreshing Openness or Walled Garden?

Apple Computer has received high praise for the diversity of applications available for the iPhone. The company shows great willingness to accept third party software innovations. But Apple also solely decides whether to accept and make available any application. Rejected software vendors for the most part do not exist if they do not have shelf space at the Apple store. more

Blocking BitTorrent in Britain

Virgin Media announced its intention of restricting BitTorrent traffic on its new 50Mbps service according to an article by Chris Williams in The Register. Does this mean that net neutrality is endangered in the UK? The question is important because advocates of an open Internet like me hold the UK up as a positive example of net neutrality achieved through competition rather than through regulation. more

What If I Were Wrong About Edge-Caching?

Nicholas Thompson at Wired Blog sums up yesterday's Wall Street Journal piece on Google. To summarize his summary: Google's edge caching isn't new or evil; Lessig didn't shift gears on NN; Microsoft and Yahoo have been off the NN bandwagon since 2006; The Obama team still supports NN; Amazon's Kindle support is consistent with its NN support. Yet... yet... more

The ICANN New Generic TLD Process (Las Vegas Edition)

I have not submitted any comments on ICANN's new gTLD process, mostly because many other people have said more diplomatically what I think, but I thought I could blog about it. My main concern from the beginning was that the process should allow any serious candidate to run with a reasonable chance to be able to actually start running a gTLD. This includes small and medium sized communities and startup companies with little seed money. This also includes registry models that may not favour mass registrations. For all these, the current model is flawed. more

Net Neutrality and the Obama Stimulus Package

As long as US telecom is duopoly dominated, a neutral Internet is endangered if not impossible; regulation of this kind of concentrated power is necessary but is unlikely to be sufficient. The solution, IMHO, is to dilute the power of the duopoly so that consumers can buy whatever kind of Internet access they want. Countries like the UK with a competitive ISP market do not seem to have net neutrality problems nor require net neutrality regulation and have better Internet access than we do at lower prices. more

Bogus WSJ Story on Net Neutrality

Today's Wall Street Journal has a bogus, misleading story claiming that Google has been making deals with telephone and cable carriers that violate Network Neutrality. My BS detector was triggered by paragraph five, which reads: "One major cable operator in talks with Google says it has been reluctant so far to strike a deal because of concern it might violate Federal Communications Commission guidelines on network neutrality. 'If we did this, Washington would be on fire,' says one executive at the cable company who is familiar with the talks..." more

The Report on “Securing Cyberspace for the 44th Presidency”

A report "Securing Cyberspace for the 44th Presidency" has just been released. While I don't agree with everything it says (and in fact I strongly disagree with some parts of it), I regard it as required reading for anyone interested in cybersecurity and public policy. The analysis of the threat environment is, in my opinion, superb; I don't think I've seen it explicated better. Briefly, the US is facing threats at all levels, from individual cybercriminals to actions perpetrated by nation-states. The report pulls no punches... more

The Path Towards Centralization of Internet Governance Under UN: Part 3

This essay is the third of a three-part series, written by Anonymous, and published by the Publius Project of the Berkman Center for Internet and Society at Harvard University. It focuses on the steps of a possible roadmap for centralizing Internet governance under the United Nations. more

Re-Examining the Domain Name Registry-Registrar Split

ICANN has released to the public a report they commissioned called "Revisiting Vertical Separation of Registries and Registrars," written by CRA International. It is being referred to as the "CRAI Report." Readers in the U.S. and the U.K. may not know it, but most top-level (TLD) domains in the world don't have registrars-you go straight to the registry and buy your domains from the source. more

Fiber to the Home: Ideal Economic Stimulus?

This week, the headlines seem to be full of fresh doom and gloom for wireline carriers, who employ people in every congressional district across America. Sooner or later, someone is going to call for Congress to tap some of the hundreds of billions in 2009 economic stimulus to help the LECs through troubled times, save lots of jobs, and preserve the way we do business in our critical last-mile communications infrastructure. Is this wise? Is there a better way? more

What Internet Governance Boils Down To

Listening to several of the discussions here at the IGF (so far), my post from yesterday seems to be close to what the focus of this meeting is, control and access to resources. Yesterday I highlighted areas of Governance where Governments actually could help, and make difference. Admittedly, that is not all the aspects of governance though. more

No Ifs, Ands or Butts, the New FCC Must Focus on Neutrality

The Denver Post today urged a new FCC to get its mind off of "buttocks" and onto more serious issues like Net Neutrality. The editorial board was referring to a case now before the U.S. Court of Appeals, in which the agency's top legal minds are trying to determine the appropriate definition for the human posterior to better guide efforts to fine ABC for a few errant cheeks featured on a 2003 episode of NYPD Blue. more

Is the New “.Tel” Domain More than Just a Pretty Web Interface to DNS?

Is the new ".tel" domain launching today more than just a pretty web interface to DNS? Is it something really unique? Is it a new service that couldn't be easily replicated elsewhere? In case you haven't been following the subject, a company called Telnic has launched a new top-level DNS domain ".tel" today. Today, December 3rd, is the launch of the "Sunrise" period where companies can (for a high price) obtain the ".tel" domain associated with their trademark. more

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