VeriSign antitrust case heading to District Court

The Coalition For ICANN Transparency will have its day in court, after VeriSign this week asked for a “speedy resolution” to the five-year-old antitrust case.
In a filing (pdf) with the Northern California District Court on Wednesday and in an accompanying SEC document, the company said it want it wants the case heard on its merits.
According to CFIT lawyer Bret Fausett, VeriSign had the option to refer the case to the Supreme Court after losing a motion to dismiss on appeal last month.
VeriSign had until October 9 to make its mind up, but evidently did not need that long.
This is the meat of the motion:

On July 9, 2010, the United States Court of Appeals for the Ninth Circuit issued an amended opinion in this case and remanded the case to this Court “for further proceedings consistent with this opinion.” The Ninth Circuit spread the mandate on July 19. VeriSign, Inc. respectfully requests that the Court schedule a case management conference at its earliest convenience to discuss plans for a speedy resolution to the case.

The case is important because if VeriSign loses it could lead to the company losing its lucrative monopoly on the .com and .net registries.
While it wants a speedy resolution, analysts are not so hopeful. JP Morgan believes: “All together, the motions in the trial, discovery, trial, and potential appeal could take years to complete.”
The analyst also notes that pretrial discovery will likely lead to a definitive answer to the question: who the hell is CFIT anyway?

1 Comment Tagged: cfit, coalition for icann transparency, verisign

.jobs landrush beauty contest opens

Employ Media has made a request for proposals from companies that want to apply for generic .jobs domain names, to predictable criticism.
ICANN recently permitted the company to start selling non-“company name” .jobs domains, and the RFP is the first phase of its plan.
It basically constitutes a landrush process, albeit one that makes .cn registrations seem laissez faire, and in which you don’t actually get to “own” any domain names at the end.
To apply, companies have to present Employ Media with a business plan and a list of their desired domains, among other information.
The registry appears to be reluctant to talk about the money side of things, other than the non-refundable $250 application fee.
The closest thing in the RFP to an outstretched palm appears to be this paragraph:

Employ Media’s role is to make .JOBS domain names available to those interested in serving the needs of the International HR management community as set forth in the .JOBS Charter. Describe how your proposal will contribute to Employ Media’s role in a manner that reflects the value (financial, services or otherwise) of the proposed .JOBS domains.

The CollegeRecruiter.com blog, and some reader comments, suggest that the registry has been asking potential applicants for “creative” ideas, including revenue sharing deals, and then threatening legal action when such overtures are recounted in public fora.
CollegeRecruiter’s CEO Steven Rothberg was one of the leading opponents of the .jobs liberalization plan.
The only organization I’m aware of that is on record intending to respond to the RFP is the DirectEmployers Association, which intends to apply for thousands of generic domains under its controversial universe.jobs plan.

1 Comment Tagged: .jobs, collegerecruiter.com, directemployers association, employ media, ICANN, landrush

It’s Friday, time for Rick Schwartz Apprentice

In case you haven’t guessed already, my “It’s Friday…” headlines mark an irregular series of tragically cliquey attempts to be humorous.
This week, 12 fictional TV shows related to the domain name business that could be super-duper awesome, if only somebody would make them.
Apologies in advance to those concerned.

Sponsored TLD Survivor
Stranded on a desert island, .mobi, .jobs, .asia and .tel must fight to stay alive against all the odds. Each week, viewers vote for which contestant they think should be acquired by Afilias.
South Park
Controversial animated series following the antics of a domain parking company that rejects Adsense links in favor of slandering celebrities and deliberately inciting religious violence.

Lawley & Order
Porn-themed police procedural.
DNSSEC and the City
Paul Vixie, Phillip Hallam-Baker and Ram Mohan star as a trio of independent, no-nonsense women trying to find love, fulfillment and stable DNS resolution in New York City.

Bertrand De La Chappelle’s Show
Racially charged stand-up comedy from everybody’s favorite French GAC rep.
America’s Next Top-Level Domain
In which the 300-page DAG is thrown out in favor of a single sassiness-based criterion.

Rick Schwartz Apprentice
Surreal adaptation of the original, in which the self-styled Domain King imparts utterly unintelligible advice to teams of confused domainers, firing one per week with the catchphrase “You’re pigeon shit!”.
UDRP Panelist Judy
Judge Judy takes a break from her important judicial work in order to oversee UDRP complaints in which the winner is decided purely on the basis of which party can shout the loudest and has the most outrageous mullet.
Domaining With The Stars
Teams of top domainers and D-list celebrities compete to see who can make the biggest profit on a domain sale. This week, Elliot Silver patiently explains the finer points of drop-catching ccTLDs to a sobbing Danny Bonaduce.
Rod the Bounty Hunter
Beckstrom and his team pin down a bail-jumping crack dealer at a seedy El Paso motel.
The .XXX Factor
Same as the original, but goes on for six years.

The Daily Show with Jim Fleming
The perennial commentator and theorist takes a sideways look at today’s domain name news, whether you want him to or not.

Next week: domain-themed movies.
In the meantime, I want to see your TV show ideas in the comments please. If golf can have its own channel, I’m sure we can fill a schedule too.

1 Comment Tagged: it's friday

What .xxx means for trademark holders

Trademark holders have been screwed over by ISP domain name wildcarding more than they realise, I’ve discovered from the .xxx contract documents.
ICM Registry is planning a novel approach to trademark protection if its application to launch the .xxx top-level domain is successful, but it’s been watered down compared to its original plan.
Hypothetically, let’s say you’re Lego. You really, really don’t want some cybersquatter snapping up lego.xxx and filling it with… well, you can imagine what Lego porn might look like.
At the same time, for the sake of your family-friendly brand, you don’t want to actually own a resolvable lego.xxx either.
And you certainly don’t want to be forced to to hand some pornographer over $60 a year for each of your brands. Some companies could see this as supporting pornography.
ICM had originally planned to allow companies in this position to pay a one-time fee to have their brand.xxx turned off permanently.
Personally, I like this idea. It would give the IP lobby a lot less to complain about in discussions surrounding the new TLD program.
But the company may now water down this plan, called IP Protect, due to the way that non-existent domains are increasingly handled by some ISPs.
As you probably know, ISPs worldwide are increasingly capturing NXDOMAIN traffic in order to show search results and advertising links to their customers.
It’s generally frowned upon in DNS circles, and it’s now likely to have the effect of making IP Protect costlier and more of an administrative hassle for brand owners.
You’re Lego again. You pay ICM the one-time shut-down fee, only to find that Comcast is now showing its users links to Lego porn whenever they type in lego.xxx.
ICM president Stuart Lawley tells me that one option currently being looked at is to have IP Protect domains resolve to a standard page at an ICM-controlled server.
The problem here is that ICM has to pay ICANN and its registry back-end provider annual fees for every resolving domain name, and that cost will have to be passed on to the registrant, in our case Lego.
Lawley says that ICM is “engaging” with the ICANN intellectual property community to figure out the best solution. It appears that both options are still open.

2 Comments Tagged: cybersquatting, ICANN, icm registry, lego, xxx

Why .xxx will be domainer-friendly (and why it won’t)

The proposed .xxx top-level domain may be “sponsored”, but the restrictions on who will be able to register names are so loose that pretty much anybody, including domainers, will be able to register one.
I’ve now had time to dig through the mountain of documents that ICANN published earlier this week. I’m submitting something to The Register later today, but I thought I’d first look here at the domaining angle.
First, the bad news: .xxx domains won’t be cheap.
ICM Registry, which wants to run the TLD, plans to charge $60 per year, and that’s just the registry fee.
That’s a lot of money to recoup if you’re planning to park a domain, so it’s likely that much of the value of .xxx for domainers will be in development and resale.
The proposed contract does suggest, and ICM president Stuart Lawley is on record as saying, that the price of registrations could eventually come down. Whether that would include renewals remains to be seen.
Now for the good news: you won’t actually have to be a pornographer to register a .xxx domain.
It’s true that .xxx is ostensibly restricted to members of the adult entertainment community, but the definition also includes companies that supply products and services to the industry.
According to Lawley, flipping domain names falls into that category.
So, if you register a nice .xxx in order to sell it later to an actual pornographer, you’re technically part of the .xxx Sponsored Community. Congratulations, you’re in the adult business.
Parking .xxx domains will also be possible, and it doesn’t look like parking companies will need to make any changes in order to support the TLD.
It’s true that all .xxx sites will have to be “labelled” as porn, but that doesn’t mean, as I initially thought, that all .xxx web sites, including the parked ones, will have to slap a logo on their pages.
Lawley says that ICM will handle all the labelling transparently at the registry end, using a W3C standard called POWDER. Apparently this is doable without touching anybody’s HTML.
Of course, getting hold of a prime piece of .xxx real estate at launch will not be easy.
Anybody with designs on a geo .xxx domain is out of luck. ICANN will reserve all place names, and two-letter domains are banned, due to potential confusion with country codes.
But single-letter domains will be possible. The provision that banned it has been deleted from the new contract.
ICM plans to auction some premium names. It may even reserve some names, such as movie.xxx, in order to offer registrations at the third level.
An additional barrier is that roughly 9,400 people have already “pre-reserved” about 176,000 names (an average of 18 each). That’s about as many words as there are in the English language by some counts.
Quite how these reservations will be handled isn’t spelled out in detail in the contract, as far as I can tell.
The .xxx TLD is still in the application phase, of course, and there are ways it could still fail. If the contract is ultimately signed, general availability is expected seven months later.

3 Comments Tagged: ICANN, icm registry, xxx

ICANN posts .xxx contract for comment

ICANN has just published the proposed contract for ICM Registry’s porn-only .xxx top-level domain, and over a dozen supporting documents.
Now the fun begins!
Another 30-day public comment period is now underway, which will likely see more concerted efforts by the Free Speech Coalition and its accidental allies on the religious right to have .xxx killed off.
It will also be interesting to see whether the ICANN Governmental Advisory Committee decides to chip in with its $0.02.
The GAC has always been wary of the .xxx application and remains the tallest hurdle to jump before the TLD has a chance of being approved.
There’s a lot of information in these documents, including much more detail on IFFOR, the International Foundation For Online Responsibility, which will set the TLD’s policies.
I’m going to bury my nose in these docs, and will provide an update later if I find anything interesting, which seems likely.

10 Comments Tagged: free speech coalition, gac, ICANN, icm registry, iffor, xxx

Facebook sues TeachBook.com for cybersquatting

All your “book” are belong to us?
Facebook has filed a cybersquatting and trademark infringement lawsuit against TeachBook.com, a social networking site for teachers.
The suit claims the site unfairly capitalizes on the Facebook trademark by using the “book” portion of the mark to evoke the idea of social networking.
According to the complaint, one of TeachBook’s selling points is that many schools ban teachers from using Facebook in order to prevent kids extorting them using personal information.
I don’t know how popular the site is — it doesn’t look like much — but it appears that TeachBook also owns a trademark on its brand.
I doubt this kind of claim would hold up under UDRP rules (unless a “friendly” panelist got the case), which is probably why Facebook has resorted to the US courts.
CourthouseNews.com has a PDF of the complaint and exhibits.

6 Comments Tagged: cybersquatting, facebook, teachbook, udrp

ITU chief snubs ICANN’s Beckstrom

“If your name’s not down, you’re not coming in.”
That’s pretty much the message sent to ICANN chief Rod Beckstrom by the International Telecommunications Union’s secretary general, following his request to attend a top-level ITU policy meeting.
Beckstrom wrote to Hamadoun Toure last month, asking for observer status at October’s ITU Plenipotentiary Conference – the “supreme organ” of ITU policy-making, held every four years.
The idea was that ICANN and the ITU would start to develop a more formal relationship.
In a letter published today, Toure turned him down, noting that the guest-list for the Guadalajara meeting is strictly limited by convention to entities such as national telecoms regulators and UN agencies.

For your information, the Plenipotentiary Conferece, the supreme organ of the ITU, is the highest level of administrative conference for the Union.
…
I regret to inform you that the ITU is unable to respond positively to your request to attend

Ouch.
ICANN and the ITU have a spiky history. It’s well known that the ITU would prefer internet addressing to be handled from Geneva rather than Marina Del Rey. Over the years, it’s occasionally made the odd attempted power grab.
The fact that Beckstrom has been rebuffed is surely more evidence that, for all its flaws, ICANN is still a better place to manage the DNS.
If the head of ICANN can’t even observe the ITU’s top dogs at work, what chance would the rest of us have of being heard?

16 Comments Tagged: hamadoun toure, ICANN, itu, plenipotentiary conference, rod beckstrom

Registrars “unprepared” for DNSSEC

Only one in 10 domain name registrars believes it is fully prepared to offer DNSSEC services today, according to new research out from Afilias, the .info registry.
The Registrar DNSSEC Readiness Report (pdf) also shows that a perceived lack of customer demand for the technology has translated into ambivalence at most registrars.
DNSSEC is a standard extension to DNS that helps prevent domain name hijacking through man-in-the-middle attacks.
The survey shows that 9.86% of registrars say they are “fully prepared” to offer DNSSEC to customers now, with 52.2% saying they were “somewhat” prepared. The remainder were not at all prepared.
A little over a quarter of respondents rated DNSSEC a “high” priority for the next 12 months, with less than 3% saying it was an “extremely high” priority.
Two of the biggest reasons for the lack of urgency were lack of customer demand – 59% of registrars said they saw no demand at all – and difficulties developing key management systems.
Despite this, when asked the question “Should TLD registries support DNSSEC?”, a whopping 80% responded in the affirmative.
I expect interest in the technology will pick up early next year, when VeriSign signs the .com zone.
The Afilias survey was conducted electronically earlier this month. The sample size was quite small, with only 71 respondents, and most of them were on the smaller side by domain count.
The report was released to coincide with Afilias’ launch of a broad effort to add DNSSEC support to all of the TLDs for which it provides registry services.
The company already offers the technology in .org, and that will now be extended to gTLDs including .info and ccTLDs such as .in. You can read the release at CircleID.

Comment Tagged: .in, .info, .org, afilias, DNSSEC, safeguard

ccTLDs under the hammer at UK domainer conference

The UK will get a rare domainer conference and live auction at the end of the week.
MeetDomainers, organized by NameDrive and the Polish domain investment outfit ddfund.eu, will open its doors for three days at the Hilton in Manchester.
Most of the action (if you don’t count getting drunk or paintballing) is focussed on Friday, culminating in a live auction with about 50 lots.
There are a couple of .coms in there, and one .co, but the majority of the domains are in the .uk namespace. Of the bunch, the most attractive .co.uk names to my eye appear to be:

CoffeeMachines.co.uk
QuadBikes.co.uk
ComputerRepair.co.uk
GymEquipment.co.uk
MediaSales.co.uk

From the .org.uk domains on offer, these look nice:

Shirts.org.uk
Vets.org.uk
Clothes.org.uk

There are also a couple of UK-related geographical .coms, referring to popular(ish) tourist areas in northern England: Penrith.com and Cumbria.com.
Any domainers with an interest in the South African market may well be interested in these category killers:

MobilePhones.co.za
Smartphones.co.za
Phone.co.za
Universities.co.za

The Isle of Man’s .im ccTLD also gets some love, with these domains on offer (note that, unlike .uk, direct second-level registrations are possible under .im as well as at the third level).

apartmentrentals.im
apartmentrentals.co.im
PropertyRentals.im
PropertyRentals.co.im
CarHire.co.im
CheapHotels.co.im
Flights.co.im
HolidayHomes.co.im
Holidays.co.im

And here’s the rest:

HotelBookings.co.uk
CoffeeMachine.co.uk
YouthClubs.co.uk
BowlingClub.co.uk
BowlingWear.co.uk
CampingGoods.co.uk
NewBrighton.co.uk
LinkBuildingServices.co.uk
PersonalisedGift.co.uk
AsbestosTests.co.uk
BlackBoards.co.uk
ChalkBoards.co.uk
StudentCreditCard.co.uk
VII.co.uk
TRX.co.uk
Holy.co.uk
TopUps.co.uk
Groom.co.uk
FashionDesigner.co.uk
Entry.co.uk
EuroPallets.co.uk
HomeCinemaSystems.co.uk
PhoneContract.co.uk
PrivateYachtHire.com
PrivateYachthire.co.uk
HolidayInsurance.CO
BackLinks.co.uk
ProductFeeds.co.uk
Blades.co.uk
Snorkel.co.uk
Media-Sales.co.uk
HighChair
HighChairs.co.uk
Invoicing.co.uk

Opening bids start anywhere from £50 to £20,000 ($31,000). The auction can be found here.
MeetDomainers is also the first domaining-oriented gathering I intend to attend in person. If you’re also planning on heading to Manchester this week, be sure to say hi if you spot me.

2 Comments Tagged: auction, cctlds, meetdomainers