Forwarding e-mail is so easy that it must be legal, right? Not everyone thinks so. Ned Snow at the University of Arkansas recently wrote A Copyright Conundrum: Protecting Email Privacy that argues that forwarding violates the sender's copyright rights, so it's not. The article is quite clever and is (as best I can tell, not being a legal historian) well researched, even if you agree with me that its conclusions are a bunch of codswallop... more
A story... ZZZ Telemarketing (not a real name) is locked in a heated fight with their bitter rival, YYY Telemarketing (also not a real name), to win a very large lead generation contract with Customer X. Customer X has decided to run a test pitting the two companies against each other for a week to see who can generate the most leads. The ZZZ CEO has said to his staff that it is "do or die" for the company. If they fail to win the contract, they will have to shut down -- they need to do "whatever it takes" to win over YYY. A ZZZ staffer discovers that part of why YYY has consistently underbid them is because they are using SIP trunks to reduce their PSTN connection costs. But the staffer also discovers that YYY is using very cheap voice service providers who run over the public Internet with no security... more
International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... more
Ed Richards, Chief Executive of Ofcom, was at Columbia today... NN (Net Neutrality) debate does give us insight into importance of disclosure to consumers -- consumers should be able to switch providers, and they should know which ISPs are making prioritization decisions. This should be an obligation of suppliers to communicate this information to consumers. In particular, he says that Ofcom is actively exploring whether network operators whose traffic shaping activities change materially should have to tell consumers -- and if these changes are significant consumers should be allowed to break their contracts with the provider without penalty... more
BusinessWeek is running a column called 'Brandjacking' on the Web. In summary, nobody likes deliberate cybersquatting or typosquatting. But if Typo domain-names did not exist, the traffic would continue to flow to Microsoft or Google via the browser's error search where those very large companies would make money in the same manner as the 'evil cybersquatters'... more
In reading a Q&A with Verizon's Brian Whitten I found this striking Q and A: "Q. With a fiber connection being symmetric, many fiber providers such as Paxio are providing symmetric connections such as 5Mbit, 10Mbit, 30Mbit. Why is Verizon keeping this arbitrary asymmetric limit with Fiber? A. ...Indeed, our FTTP network can easily support a symmetric data service. As market dynamics change, we would re-assess the benefit to our customers of introducing a class of symmetric data services." My reaction is "No thank you, I'd rather do it myself". To understand my reaction you need to recognize the difference between wanting to build my own bridge across a stream and asking why I'm not allowed to cross it myself using my own boat. more
WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more
After much initial fanfare a couple of years ago ENUM has matured to a state where it is currently yet another under-achiever in the technology deployment stakes. ENUM initially presented itself as a very provocative response to the legacy telco position of monopolising public voice services through their exclusive control over the Public Switched Telephone Network (PSTN) and the associated controlling position over the telephone number space... The perception was that ENUM was going to dismantle these levers of control and open up the voice market to a new wave of competitive carriers. If the address plan was the key to the PSTN, then ENUM was intended unlock this network and position the new wave of Voice Over IP (VOIP) carriers to take over any residual treasures of the traditional voice market. Events have not played out according to these expectations... more
The Associated Press reports this week on ICANN developments involving the Whois reform. The Whois database, which displays domain name registrant information including names, addresses, phone numbers, postal and email addresses, has been the subject of years of debate within ICANN as many in the Internet community have expressed concerns about the mandatory disclosure of such personal information. The Generic Names Supporting Organization (GNSO) has successfully pushed for reform, though it is uncertain how the ICANN board will respond. more
Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more
I was reading about the Nieman Marcus lawsuit and on a phone call related to the "Working Group on Mechanisms to Protect Rights of Others", when suddenly it occurred to me that this whole rush to rid the world of typos could eventually head in a messy direction... How far can this go? Let me take you back to that phone call I was on where representatives of Yahoo indicated they would try to secure Flicker.XXX as a TYPO of Flickr.com (their made up brand name) during a potential new TLD sunrise period. How backward is that? A Typo that became a brand, trying to call the generic name a variant of their trademark! more
As folks will recall, there was a big debate about tiered/differential pricing in the .biz/info/org contracts. Eventually those contracts were amended to prevent that. However, if folks read the .XXX proposed contractv [PDF], Appendix S, Part 2, under "delegated authority" (page 66 of the PDF), appears to give the Registry Operator total control to make policy regarding pricing. Thus, it would appear they are in a position to re-price domains that later become successful... more
Recently, I wrote about the Spamhaus Policy Block List (PBL), suggesting senders encourage their network/connectivity service providers (whomever they lease or purchase IP addresses from) to list their illegitimate email-sending IPs as a step towards improving the overall email stream on the internet. The initial PBL was seeded with listings from the Dynablock NJABL ("Not Just Another Bogus List"), which at the time of the cut-over was at more than 1.9 million entries... more
It's tax time again. If you are like most domainers, you are a little hesitant about filing your tax return. This is not just because you dread paying Uncle Sam like most taxpayers. It may be because you are unsure of whether you are reporting your domain purchases and sales correctly. Despite the growth of domaining, it is still a relatively young and small industry that has not yet gained the attention of the IRS... more
From "Last Call for Whois Comments", a recent opinion piece by eWeek's Security Center Editor Larry Seltzer: "It's not a good sign when the criminals and the lawyers are on the same side of an issue; there may be no good solution to the problems of Whois service rules. Who would have imagined that so much business and so much abuse would center around Internet domain names? Certainly not the designers of the system, including those of the Whois service, which reports on ownership and some other data on domain names... more
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