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Save the Children recovers domains from scumbag

Kevin Murphy, November 22, 2010, Domain Policy

The international charitable organization Save the Children has recovered two domain names from a squatter who held them hostage for $2,500.

Save the Children, which hosts its official web site at savethechildren.org, recently won a UDRP complaint for the domains save-the-children.com and save-the-children.org, which are both parked.

As you might imagine, it was an open-and-shut case.

Save the Children has been around since the 1930s, and it owns trademarks on its name.

Bad faith was proved with a shockingly clueless email from the registrant:

As you may be aware, with the explosion of the internet and domains, there has been a scramble by speculators or entrepreneurs to purchase popular names or names which we believe may become popular, so we can resell them for a profit. In fact, many businesses will buy numerous domain names that are similar, or may be abbreviations or acronyms, or with different suffexes [sic] in order to get them off the market and prevent somebody else purchasing it.

After consulting with my attorney, and in the best interests of a speedy resolution, I’ve been advised to offer to sell my domain to your client.

I am unwilling to give it up for free since I purchased it. However, I am willing to sell it, and I am asking $2,500.00 for my website.

Whois records show that the domain has changed hands a few times since it was first registered in 2001. I hope the current registrant paid a lot for it.

This kind of behavior is why domainers get a bad rep.

Correction: Arab League calls for ICANN recognition

Kevin Murphy, November 9, 2010, Domain Policy

Back in September, I reported that the League of Arab States had asked ICANN to officially recognize the Arab region, in a letter from its secretary-general, Amre Moussa.

A significant part of the article relied upon the assumption that the League was asking for such recognition to be reflected in ICANN’s bylaws, which would grant the region more power in ICANN.

That assumption was incorrect.

I’ve learned recently that the letter in fact referred purely to a request for recognition of the region in ICANN’s new top-level domain Applicant Guidebook, and not the bylaws.

The League, in fact, was only seeking protection for geographic terms from the Arab region, largely due to a local plan to apply for “.arab” as a TLD. I have confirmed this with ICANN.

Recently, ICANN chief executive Rod Beckstrom wrote to Moussa in reply (pdf) to report that ICANN’s board has voted to expand the geographical regions list in the Guidebook such that it will now include the Arab region, as requested.

While I have not received any complaints, it’s very clear to me that the original article was shoddy reporting, and worthy of a correction.

It seemed easier to delete the original post rather than do a messy edit job on it, but I’m sure you’ll be able to find a copy in a cache somewhere if you’re particularly interested.

Lego files a UDRP complaint every three days

Kevin Murphy, November 1, 2010, Domain Policy

Lego, maker of the popular building block toys, is rapidly becoming one of the most UDRP-happy big-brand trademark holders.

The company recently filed its 150th claim, and has so far recovered well over 250 domains that included its trademark.

With over 100 UDRPs filed so far in 2010, that works out to an average of roughly one complaint every three days, and a total spend easily into the hundreds of thousands of dollars.

Its success rate to date is 100%, with no complaints denied.

Its successfully recovered domains include oddities such as legogiraffepenis.com, which appears to be based on this amusing misunderstanding.

If Lego keeps up its current rate of enforcement, it will likely pass Microsoft in the next few months in terms of total cases filed. It’s already filed more than Yahoo and Google.

But it still has a long way to go to catch up with AOL, possibly the most prolific UDRP complainant, which has close to 500 complaints under its belt.

.XXX debate could test GAC powers

Kevin Murphy, November 1, 2010, Domain Policy

The long-running .xxx top-level domain saga has tested ICANN processes to their limits over the last decade, and it looks like it may do so at least one more time.

Digging a little deeper into the board’s decision to consult with its Governmental Advisory Committee before approving the TLD, it looks like the discussion will be quite broad-based.

The .xxx consultation could in fact have consequences for the board/GAC power balance, helping define the parameters of their future interactions.

This PDF, published at the same time as last week’s board resolution on .xxx, outlines three GAC positions that could have a bearing on the matter.

The first is its communiqué from the Wellington meeting in 2007, which noted that several GAC members were “emphatically opposed” to the introduction of .xxx.

The GAC operates on a consensus basis. When it can’t find consensus, its communiqués also reflect minority positions. So ICANN now wants to know whether the Wellington letter constitutes GAC “advice”.

The question remains whether a position taken by “several members of the GAC” can be equated with GAC advice on public policy matters. If it is not GAC advice, then the concern of inconsistency [of the .xxx contract with GAC advice] diminishes.

Some may be surprised to discover that, after over a decade, there’s no broad agreement about when something the GAC says constitutes official “advice” that ICANN, under its bylaws, must consider.

Attendees to the Brussels meeting this June will recall that the joint board-GAC meeting, transcribed here, spent most of its time labouring on this apparent oversight.

In consulting with the GAC on .xxx, there’s an outside chance that some answers with regards the definition of “advice” may be found.

It wouldn’t be the first time ICM Registry’s controversial application has forced ICANN to address shortcomings in its own accountability procedures.

Notably, the Independent Review Process, promised in the bylaws for years, was eventually implemented to allow ICM’s appeal after it had pushed the Reconsideration Request process to its limit.

ICANN’s latest resolution on .xxx also refers to a letter (pdf) GAC chair Heather Dryden sent to the board in August, which expressed a desire that no “controversial” TLDs should be added to the root.

While ostensibly addressing future TLD applications, rather than TLDs applied for under previous rounds, the letter did say that “objection procedures should apply to all pending and future TLDs”, which was widely interpreted as referring directly to .xxx.

Last week’s ICANN board documents say:

If the “pending” TLD refers to .XXX, the approval of the .XXX sTLD Registry Agreement without allowing for these types of objections would be inconsistent with GAC advice.

I’ve reason to believe that the “pending” language may have been inserted quite late into the drafting of the Dryden letter, and may not enjoy the unanimous support of GAC members.

Regardless, the letter implies that whatever “morality and public order” or “Rec6” objections process winds up in the new TLD Applicant Guidebook should also apply, retroactively, to ICM.

If ICANN were to agree on this point, a precedent would presumably be set that would allow the GAC to issue thirteenth-hour “advice” that moves the goal-posts for future new TLD applicants, removing a significant amount of predictability from the process.

For that reason, I think it’s unlikely that ICM will be told it is subject to the Rec6 process (whatever that may ultimately look like).

The consultation, however, may result in some clarity around where the GAC’s powers of “advice” begin and end, which is probably a good thing.

ICANN ombudsman quits

Kevin Murphy, October 29, 2010, Domain Policy

Frank Fowlie, ICANN’s ombudsman, has announced he will leave the post before the end of January next year.

A statement posted to the ICANN web site does not explain the reasons for his departure, but it does include this nugget:

“After six years with ICANN, I have logged 794 days in travel status, or about two years and five months away from home,” said Fowlie in announcing his departure to the ICANN staff. “It’s time for me to spend a bit more time at home with my wonderful wife.”

Read into that what you will.

ICANN will now look for a replacement. The ombudsman’s role is to hear complaints about ICANN’s actions. Former UN staffer Fowlie was the first to hold the position.

For no other reason than I think that it’s funny, here’s a link to a story about Fowlie getting shirty with a flight attendant.