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Local news scrapes barrel with Whois lookup

Kevin Murphy, September 2, 2010, Domain Registrars

“Local man and 300,000 others killed in earthquake”.
You’ve seen the headlines. Local news operations will go to crazy lengths in order to put a local spin on international news.
This angle is new to me. The Province, a newspaper in British Columbia, Canada, yesterday managed to localize a hostage situation over 2,300 miles away in Maryland entirely because the gunman used a BC-based domain registrar.

The gunman identified as the suspect in an unfolding hostage situation at the Discovery Channel offices in Silver Spring, Maryland, uses a Burnaby-based company to host his website.
The suspect, identified in media reports as James Jay Lee, has a website named savetheplanetprotest.com. A Whois.com search shows the website is registered to a man by the same name and lists a Burnaby P.O. box as is [sic] address.

The registrar in question is DotEasy.com. It offers Whois privacy services at said PO Box. Unsurprisingly, the company had no comment.
The original The Province headline was “Gunman holding hostages at US Discovery Channel has tenative [sic] BC links”.
Links? A nutter registered a domain name. If all reporters followed this logic, the Scottsdale Times would be the busiest newspaper on the planet.

ICANN threatens to shut down registrar flipper

ICANN has said it will terminate one of its registrars for non-payment of fees, the thirteenth such threatening letter the organization has sent out this year.
The unfortunate recipient is #1 Host Brazil, which has just a couple hundred domains under its belt in the generic top-level domains.
I may be wrong, but based on some cursory research I’m inferring that the registrar is basically a shell accreditation, acquired in order to flip to a larger registrar.
There are 10 other “‘#1 Host” registrars, such as #1 Host Australia and #1 Host Canada, listed on ICANN’s list of accredited registrars, almost all of which were awarded in late 2005 to the same Texan.
They all use the same logos and, due to the hash sign, all appear at the top of alphabetical lists of ICANN-accredited registrars.
Apart from the Brazil and Israel variants, most of the other “#1” accreditations have been acquired by Moniker at various times over the last few years, according to Internic and Whois records.
#1 Host Brazil faces de-accreditation (pdf) on August 24 unless it pays almost $9,000 in ICANN fees and provides evidence of $500,000 in commercial liability insurance.

RBS wins totally bogus UDRP complaint

Kevin Murphy, June 28, 2010, Domain Policy

The Royal Bank of Scotland has been handled control of the domain rbscout.com in a UDRP decision I have no trouble at all describing as utterly bogus.
RBS, naturally enough, owns a trademark on the term “RBS”. Its UDRP claim is based on the notion that a domain beginning with “rbs” is therefore confusingly similar.
For this to work, logically, the meaning of “rbscout” must be taken as “RBS cout”.
Cout?
The idea that the registrant actually had “RB scout” in mind does not appear to entered into the deliberation of the National Arbitration Forum panelist, Paul Dorf.
It took me all of two minutes with Whois and Google to determine that the registrant, The Auction Scout, is a player in the market for auctioning heavy machinery, and that RB, Ritchie Bros., is such an auctioneer.
There’s simply no way the registrant could have had RBS in mind when he registered the domain back in February.
So why did Dorf find evidence of bad faith?
Because the domain rbscout.com resolves to a default Go Daddy parking page, which displays advertising links to financial services sites including RBS’s own site.
So, just because Go Daddy’s algorithms are confused by the string “rbs” appearing in a domain, human beings would be similarly confused?
It defies common sense. Dorf should be ashamed of himself.

Aussie registrar trademarks “Whois”

An Australian domain name registrar has secured a trademark on the word “Whois”.
Whois Pty Ltd, which runs whois.com.au, said it has been granted an Australian trademark on the word in the class of “business consulting and information services”.
It looks rather like the company is using the award as a way to promote its own trademark protection services.
I shudder to think what could happen if the firm decided to try to enforce the mark against other registrars.
Or, come to think of it, what would happen if it tried to secure “whois” in a new TLD sunrise period.
I’m not a lawyer, but I imagine that the fact that the word “Whois” has been in use for almost 30 years, pre-dating the creation of the DNS itself, might prove a useful defense.
RFC 812, published in March 1982, is the first use of the word I’m aware of.
It does not appear that there are currently any live US trademarks on the term.

Kredit.com sells for a fraction of Kredit.de

Kevin Murphy, June 15, 2010, Domain Sales

Kredit.com, which means “credit.com” in German, has been sold via Sedo for a fraction of the price that Kredit.de sold for about 18 months ago.
Sedo reported today that the domain changed hands recently for €220,000, which works out to $271,000 at today’s exchange rates.
For comparison, the German ccTLD equivalent, kredit.de, went for €892,500 in December 2008, also via Sedo. At the time, that amount translated to $1.25 million.
A generic ccTLD selling for roughly 5x the .com is a fairly uncommon occurrence, perhaps demonstrating how strong the .de namespace is locally. I can’t imagine such a wide discrepancy in valuations between a generic .com and .co.uk.
Kredit.com was originally registered in 1996. It’s currently parked, with an Irish address listed in the Whois.

WSJ reporting bogus Indian domain name market info?

The Wall Street Journal is reporting that India “passed an Internet milestone of sorts” in the first quarter, when the number of .com domains registered in the country broke through 1 million.
Did it?
This is what the WSJ says:

[India] now has more than one million registered web sites using the suffixes .com or .net, according to data released today by VeriSign Inc., the U.S. company that tracks this sort of thing.
In its Domain Name Industry Brief, it reported that India now has a registered total of 1.037 million .com and .net domain names, up from about 800,000 in the same period the year before.

The number 1.037 million is terribly specific, considering that VeriSign’s Domain Name Industry Brief doesn’t say anything of the sort.
There’s nothing in the DNIB to suggest that anybody in India has ever registered a single .com domain.
The DNIB has never broken down .com registrations by location, and the Q1 report, released on Monday, doesn’t use the word “India” once.
If the WSJ numbers are accurate – the paper does appear to have interviewed a VeriSign India executive – I’m wondering how they were calculated.
It can’t be a case of tallying the number of .com domains managed by Indian registrars. Mumbai-based Directi alone has had more than a million .com names under its belt for a long time.
Could VeriSign be mining Whois records for location data?
It runs a thin registry, so it would have to reference Whois data acquired from its registrars in order to compute the numbers.
Or did the WSJ hit on unreliable sources? It seems possible.

Twitter registers t.co for URL shortener

Twitter has registered the domain name t.co, to use as a secure URL shortener.
Just minutes ago, t.co started resolving to a page containing this text:

Twitter uses the t.co domain as part of a service to protect users from harmful activity, to provide value for the developer ecosystem, and as a quality signal for surfacing relevant, interesting tweets.

The page links to a FAQ describing its current URL shortener, twt.tl.
Whois.co shows it’s registered as part of .CO Internet’s Founders’ Program, the scheme the Colombian registry put in place to plug its upcoming launch.
Under this program, companies can partner with .CO to get a free premium .co domain if they commit to promote it.
TechCrunch was previously the highest-profile site to join the program, when it registered disrupt.co.
I would say getting Twitter on board definitely beats that deal.
.CO Internet is also currently auctioning e.co for charity. Bids have already reached $24,000.
UPDATE: Twitter published a blog post on the launch. I guess they beat me by about three minutes.
“When this is rolled out more broadly to users this summer, all links shared on Twitter.com or third-party apps will be wrapped with a t.co URL,” the firm says.
Probably too soon to say for sure, but it looks like Bit.ly is kinda screwed.

Red Bull wins court case but loses UDRP

Kevin Murphy, June 8, 2010, Domain Policy

Energy drink maker Red Bull has somehow managed to lose a UDRP complaint over the domain name taurusrubens.com, despite having already won a lawsuit against its current registrant.
“Taurus Rubens” was the name of an air show slash performance art piece sponsored by Red Bull, performed at Salzburg airport in August 2003. There’s a clip here on YouTube.
The day before the show, an Austrian man named Reinhard Birnhuber registered taurusrubens.com and rubenstaurus.com and parked them with his ISP.
Two years later, when Red Bull got wise to the registrations, it offered Birnhuber €500 for them. He countered with a demand for a whopping €1 million.
That was in March 2005. One month later, Red Bull secured an Austrian trademark on the term “Taurus Rubens”. It then filed a UDRP complaint with WIPO.
Judging from that WIPO decision, it’s pretty clear that Birnhuber’s registrations were not entirely innocent.
Not only did he ask a ludicrous price for the domains, he also admitted to knowing about the air show when he registered them, he already owned redbullbag.com, and he gave a bunch of reasons about his plans for developing the domains that WIPO didn’t buy.
Nevertheless, because Red Bull had acquired its trademark rights years after the registrations, apparently just so it had standing under the UDRP rules, WIPO dismissed the complaint.
So Red Bull sued in an Austrian commercial court instead, and won.
Birnhuber appealed, and lost.
The court ruled that he had registered the domains in bad faith and that he should turn them over to Red Bull.
But he has apparently so far refused to do so. So Red Bull this year filed a second UDRP complaint with WIPO, asking for the domains to be transferred to it.
And, bizarrely, Red Bull lost.
WIPO this week denied the company’s complaint on the grounds that the the Austrian court’s ruling is irrelevant under UDRP rules, and that the 2005 WIPO decision should stand.
Here’s a Google translation of the relevant bits:

The panel can see in the above circumstances, no new facts or actions that would warrant a new assessment of the case. In this respect, the complainant fails to recognize that not only “new actions” to the resumption of proceedings are necessary, but this also has to be relevant.

The correct legal result is more than the enforcement of that ruling in Austria, especially as the present legal request (transfer of the domain name) covers with the sentencing order of the Austrian court. Since both parties are domiciled in Austria, is likely a priori, no specific enforcement problems arise. WIPO panels can so far do not replace the state authorities.

So, does Birnhuber get his €1 million? I doubt it. But right now he still owns taurusrubens.com.

Council of Europe wants ICANN role

Kevin Murphy, June 7, 2010, Domain Policy

The Council of Europe has decided it wants to play a more hands-on role in ICANN, voting recently to try to get itself an observer’s seat on the Governmental Advisory Committee.
The Council, which comprises ministers from 47 member states, said it “could encourage due consideration of fundamental rights and freedoms in ICANN policy-making processes”.
ICANN’s ostensibly technical mission may at first seem a bit narrow for considerations as lofty as human rights, until you consider areas where it has arguably failed in the past, such as freedom of expression (its clumsy rejection of .xxx) and privacy (currently one-sided Whois policies).
The Council voted to encourage its members to take a more active role in the GAC, and to “make arrangements” for itself to sit as an observer on its meetings.
It also voted to explore ways to help with the creation of a permanent GAC secretariat to replace the current ad hoc provisions.
The resolution was passed in late May and first reported today by IP Watch.
The Council of Europe is a separate entity to the European Union, comprising more countries. Its biggest achievement was the creation of the European Court of Human Rights.

ICANN switches off .mobi land-rush flipper

ICANN has terminated a domain name registrar that seems to have been made its business flipping land-rush domains, especially in .mobi.
Mobiline, doing business as DomainBonus.com, is an Israeli outfit that received its registrar accreditations about five years ago.
While it seems to have registered a very small number of domains, domainbonus.com did provide DNS for a few thousand dictionary .mobi domains, registered during the September 2006 land-rush.
A lot of these domains appeared to have been originally registered in the name of Mobiline’s owner, Alex Tesler.
Many have been since been flipped and archives of the DomainBonus front page show the firm was mainly preoccupied with aftermarket sales rather than fresh registrations.
ICANN has revoked its accreditation (pdf) for failure to pay its dues and escrow Whois data with Iron Mountain, as all registrars must.
ICANN is also switching off Western United Domains, a Spanish outfit that appears to have no web presence whatsoever, for the same reasons.