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Register.com settles Baidu domain hijacking lawsuit

Kevin Murphy, November 25, 2010, Domain Registrars

Register.com has apologised to Chinese portal company Baidu for allowing its domain, baidu.com, to be hijacked by the Iranian Cyber Army hacker group.
The two companies have announced that the lawsuit, which alleged gross negligence among other things, has now been settled. Terms were not disclosed.
If Baidu’s complaint was to be believed, the hackers took over baidu.com with a trivial social engineering attack that relied upon a Register.com tech support employee being asleep at the wheel.
The company is one of China’s largest internet firms, employing over 6,000 people and turning over well over $600 million a year. But for the period of the hijack, visitors to baidu.com instead just saw the hackers’ defacement message instead.
The registrar had argued in court that its terms and conditions released it from liability, but the judge didn’t buy it.
Register.com, which was acquired by Web.com for $135 million in June, said yesterday:

After an internal investigation, we found that the breach occurred because Register’s security protocols had been compromised. We have worked with United States law enforcement officials and Baidu to address the issue. We sincerely apologize to Baidu for the disruption that occurred to its services as a result of this incident.

Baidu said it accepted the apology. And the check, I imagine.

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Minds + Machines to raise $4.7m for new TLDs

Kevin Murphy, November 25, 2010, Domain Registries

Top Level Domain Holdings plans to raise £3 million ($4.7 million) in a stock sale to help finance the TLD aspirations of its main business, Minds + Machines.
The funds would almost double the cash reserves TLDH has on tap, which currently amount to $5.5 million, according to StockMarketWire.com.
Recently appointed CEO Antony Van Couvering said in a statement that ICANN’s recent decision to allow registries and registrars to vertically integrate had a bearing on the decision to raise funds:

Having reviewed ICANN’s Final Proposed Applicant Guidebook, and in view of the ICANN Board’s historic decision to do away with cross-ownership restrictions between registries and registrars, we believe that the timing is right for additional investment by TLDH. ICANN’s registry-registrar decision means that additional gTLD business models are now viable, and we have already seen a marked increase in interest from prospective new clients. We intend to make sure we have the resources to take advantage of this opportunity.

M+M is already associated with new TLD applications including .gay and .eco, both of which are expected to be contested by other applicants.
TLDH is listed on London’s small-cap Alternative Investment Market. The announcement of the placement can be found here.

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Will a Russian domain sell for more than Sex.com?

Kevin Murphy, November 25, 2010, Domain Sales

The scandal-hit Russian domain name market may yet produce some of the most expensive domain name sales of all time. Premium .рф generics are already attracting eight-figure bids.
Bids of $10 million have apparently been placed on at least two domains, квартиры.рф and бетон.рф (apartments.rf and concrete.rf), in the controversial quasi-landrush auction managed by RU-Center, the largest Russian registrar.
IDNblog.com is reporting the apartments.rf asking price, and a reader was kind enough to send me a screenshot of the concrete.rf auction.
If these bids are for real, and these auctions were to close, they would immediately occupy the number two and three slots on the league table of all-time biggest-ticket domain sales
Before sex.com sold for $13 million, DNJournal’s top twenty list had fund.com in the top spot, at $9,999,950, followed by porn.com at $9,500,000 and diamond.com at $7,500,000.
The RU-Center auctions may not close, however.
As I reported yesterday, the registrar and five others are being investigated on antitrust grounds by Russian competition authorities, after allegedly registering tens of thousands of domains to themselves.
The auctions are currently frozen and the .рф registry, Coordination Center for ccTLD, has made noises about applying “sanctions” to the registrars that could include de-accreditation.
RU-Center, which confusingly does business at nic.ru, has defended its position in at least two articles here and here (in Russian, naturally).
As far as I can tell, none of these auctions will close until the registrar and the registry resolve their differences and/or the Russian government probe concludes.
However, it’s pretty obvious that the demand for Cyrillic generic IDNs is enormous in Russia, and could easily challenge .com on the big-sale league tables.

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Three registrars face the ICANN chop

Kevin Murphy, November 24, 2010, Domain Registrars

ICANN has told three registrars they are in breach of their registrar contracts and will lose their accreditation next month unless they rectify the problems.
These registrars, all of which appear to have negligible numbers of gTLD domains under management, are affected:
Mister Name will be shut down if it does not pay its ICANN fees and escrow its Whois data.
Open System Ltd is accused of not having a functioning Whois service.
Best Bulk Domains Inc also doesn’t have a functioning Whois, ICANN said. It also has not been paying its dues and hasn’t maintained accurate contact information for itself.
All three have dates in mid-December to clean up their acts or lose their right to sell gTLD domains.
You can find ICANN’s compliance letters here.

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Gaming scandal hits Russian domain launch

Kevin Murphy, November 24, 2010, Domain Registries

The launch of Russia’s .РФ country-code top-level domain, widely lauded as a runaway success story, has been tainted by a registrar gaming scandal.
Government antitrust authorities are investigating six registrars over claims that they registered tens of thousands of premium domains in order to auction them to end users, according to local reports.
The registrars in question are thought to have colluded, using each others’ services to register the names, hence the competition probe.
The largest registrar, Regional Network Information Center, aka RU-Center, is alleged to have registered 65,000 domains during the first days of the .РФ launch in order to profit from auctions.
These domains have been frozen pending resolution of the dispute. The registry, Coordination Center for TLD, is thinking about cancelling the registrars’ accreditations.
RU-Center is quoted as saying, laughably, that the premium domains were registered in order to prevent cybersquatting.
In a statement, the registry questions the public good of registering проститутки.рф, which apparently means “prostitute.rf” and is currently asking $190,000 at auction.
The investigation certainly takes the gloss off the launch, which has so far racked up well over 500,000 registered domains and was put forth as case study for internationalized domain names.

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Governments still want new TLD morality veto

Kevin Murphy, November 23, 2010, Domain Registries

ICANN’s Governmental Advisory Committee still wants to block “controversial” new top-level domains on morality grounds.
In a letter to ICANN chairman Peter Dengate Thrush, a copy of which I have obtained, the GAC makes it clearer than ever that it wants national laws to play a part in approving new TLDs.
It also suggests that national governments should be able to pre-screen strings before applications are filed, to give applicants “early warning” that they are stepping into controversial waters.
The letter draws the battle lines for what could be some heated debate at ICANN’s meeting in Cartagena next month.
Given that the letter does not appear to have been published by ICANN yet, I will quote liberally.
Under the heading “Universal Resolvability of the DNS”, GAC interim chair Heather Dryden, the Canadian representative on the committee, wrote:

Due to uncertainties regarding the effectiveness of ICANN’s review and objections procedures, a country may feel compelled to block a new gTLD at the national level that it considers either objectionable or that raises national sensitivities.
To date, there do not appear to be controversial top level domains that have resulted in significant or sustained blocking by countries.
The GAC believes it is imperative that the impact on the continued security, stability and universal resolvability of the domain name systems of the potential blocking at the national level of the new gTLD strings that are considered to be objectionable or that raise national sensitivities be assessed prior to introducing new gTLDs.

The letter carries on to say that the GAC will “seek advice from the technical community” on the issue.
Dryden wrote that there should be a “prior review” process that would be able to identify strings that are “contrary to national law, policy or regulation” or “refer to religions, ethnicity, languages or other cultural identifiers that might raise national sensitivities”.
It sounds like the GAC envisions a pre-screening process, before new TLD applications are officially filed, similar to the “expressions of interest” concept that ICANN abandoned in March.
What TLDs this process would capture is unclear. The GAC letter notes by way of example that “several governments restrict the registration of certain terms in their ccTLDs”.
In practical terms, this would raise question marks over TLDs such as “.gay”, which would quite clearly run contrary to the policies of many national governments.
(As I reported earlier this month, the recently relaunched .so registry currently bans “gay”, “lesbian” and related terms at the second level.)
There’s more to be reported on the the implications of this letter, particularly with regards the work of ICANN’s “morality and public order” policy working group and the GAC’s relationship with ICANN in general.
Watch this space.

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Afilias to raise .info prices

Kevin Murphy, November 23, 2010, Domain Registries

Afilias has notified ICANN that it plans to raise the maximum annual registration fee for a .info domain next year.
The new price, which will come into effect July 1, 2011, will be $7.42. It’s been $6.75 since November 2008, although the registry often offers deep discounts on new registrations.
Afilias’ contract with ICANN allows it to raise prices by up to 10%, which it appears to be doing in this case.
At least two other other gTLDs have already said they plan to up their maximum prices next year.
NeuStar’s .biz fee will rise by $0.45 to $7.30 in April. PIR’s .org will start costing registrars a maximum of $7.21 at the same time.

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Overstock to bid for o.co.uk next month?

Kevin Murphy, November 23, 2010, Domain Sales

Overstock.com, which seems to have made registering single-letter domain names a key part of its branding strategy, likely has o.co.uk next in its sights.
The company drew headlines recently when it paid $350,000 for o.co and subsequently used it in its TV ads, and again yesterday when it picked up o.co.za for $9,000.
While it’s well known that o.com is the ultimate prize, Overstock has also been laying the groundwork for buying o.co.uk for over three years.
Nominet, the .uk registry, is set to open up the first of two sunrise periods on double and single-character .co.uk domains on December 1, and I expect Overstock already has its application ready to go.
It might not be an entirely straightforward bid, however.
Under the Nominet sunrise rules, holders of UK trademarks in use before January 1, 2008 are eligible to apply for their short domains.
Overstock, it turns out, has had a registered trademark on o.co.uk since August 2008.
It applied for the UK trademark in January 2008, the same month that Nominet’s policy-setting committees first started discussing the release of single-letter domains.
As far as I can tell, the trademark is considered valid from August 1, 2007, the same time Overstock was granted its US trademark on o.co.uk.
But can the company prove it was “using” the trademark prior to January 1, 2008, given that the domain was reserved? It does not appear to have a UK trademark on the letter O by itself.
One way or the other, I expect Overstock to eventually win the domain. Under Nominet’s rules, contested domains will go to auction, and Overstock has already proved it has deep pockets.
The company also has US trademarks on other O domains that it does not and cannot currently own, including o.info, o.com, and o.eu. It successfully registered and uses o.biz.
It also has a US trademark on o.de, but that domain appears to be currently registered to a German domain investor.

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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.

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Czech people don’t want IDNs

Kevin Murphy, November 22, 2010, Domain Registries

While Russia’s recently launched all-Cyrillic domain names may be going down a storm, it seems the idea of internationalized domain names does not have international appeal.
A survey of businesses and individuals in the Czech Republic shows a serious lack of support for IDNs under the .cz TLD.
A shocking 87% of organizations, along with 62% of internet users, surveyed by registry CZ.NIC said they were not in favor of .cz IDNs.
Czech uses the Latin alphabet, of course, albeit with a liberal dose of diacritics – the local name of the country is Česká Republika – so there’s less of a pressing need for IDNs than in other nations.
The survey results were less surprising to those in the know. Ondrej Filip, executive director of the .cz registry, said in a statement:

The repeated refusal of IDN was not a surprise. The last three surveys had very similar results and there have been no signs over the last two years pointing towards a change in this trend. Quite the opposite – in the long term, the negative attitude of the Czech Internet public toward IDN is growing.

The results showed slightly growing support for IDNs among individual users and growing opposition from businesses. Some objected on the basis that it would make life hard for foreign visitors.

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