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BSDCon Europe 2001, only one week to go!
BSDCon Chair writes "There's only one week to go before the inaugural BSDCon Europe conference in Brighton, UK. This is your last chance to register if you want to attend, as spaces are now limited. There's a very strong linueup of speakers, with many leading project members attending. Together with the social events arranged it promises to be an exciting weekend of technical discussion and merriment.
We've tried to accomodate all the feedback we've received and so there are now student rates available, as well as day rates for those who can only attend for part of the conference. We've also provided a PDF form that you can fax back to us if you can't pay by credit card. All the details are on the conference website, http://www.bsdconeurope.org"
Disclaimer: I (Nik) am one of the people organising the conference.
I'm working on a story about WIPO and how it takes domains away from their owners. But today's example is egregious enough that I'm just going ahead and telling you about it now. Some guy who was annoyed with Guinness beer registered a slew of domain names like guinness-really-sucks.com. Guinness paid WIPO their $2000 and took them all away. Why? Because "guinness-really-sucks" is "identical or confusingly similar to" their trademark on the word "Guinness." Excuse me?
... So anyway I did go and register a few names about guinness beer and pillsbury. Tell me what you think....Coming Soon to a website near you!!
... that he registered the [domain names] because he was angered."
Originally, the domain name system was first-come-first-served, and that worked pretty well. But corporations got trademark powers extended by having them formally built into the domain name arbitration process. Now, trademarks are a minefield.
And the mines are getting more powerful. If you're wondering how anyone but a blithering idiot could possibly confuse "Guinness Really Sucks" with Guinness itself, you're not alone.
The precedent here is the case of Wal-Mart Stores Inc. vs. "Walsucks." In that case, there were two things that led WIPO to determine that there was a likelihood of confusion. First, "the strength of the WALMART trademark."
And second -- interestingly -- the "intent in selecting the domain names."
Proving trademark strength is simple, a corporation just trots out its list of how many millions of dollars it's spent on ad campaigns, and how many devoted customers it has.
And in this case, proving the owner's intent was easy too. He made the mistake of getting mad at Guinness (ironically, about a previous domain case) and being foolish enough to say so. He posted on an old website:
I tell you, I was so upset when I got this STUPID ASS LETTER from the GOOFBALL JACKASS LAWYERS at guinness beer, that I went to register the domain name, GUINNESSSUCKS.COM, but guess what, that domain name is already owned by someone. Guess who. That's right. Guinness beer owns it themselves. I'm glad I'm not the only one who thinks they suck. THEY THINK THEY SUCK THEMSELVES!!
You may be saying, so what? Who cares whether he was angry or not? Doesn't he have a right to protest a corporation regardless of his emotional state?
You might think so, but you'd be wrong. His thoughtcrime is a big part of why these domains were taken away. The argument that Guiness put before WIPO was that "the Respondent admitted
Therefore, said Guinness, "the registration of the [domain names] was done in bad faith" -- which is the main thing needed to take a domain away from someone -- "and not for a legitimate purpose, rather Respondent's intent is to harass the Complainant."
I wish I could tell you that WIPO told Guinness to shove this attitude where the sun doesn't shine, and that even ordinary citizens have the right to say that some precious corporation sucks.
They didn't, of course. In their decision, they reference the owner's anger and then simply say that they "accept that the Complainant has made out a prima facie case that the Respondent registered said domain names with the intention of harassing the Complainant."
To them, anger means bad faith and no legitimate purpose, which are the key phrases that WIPO needs to assert before they take a domain away.
There are some kinds of speech corporations don't want to allow on this little thing we call the internet. In the new domain name system, it's not a "legitimate purpose" to say that a company sucks. Especially if you are one of those angry people who doesn't understand how great Guinness beer is. Sorry. Go find another domain, loser.
WIPO went on to point out was that there may be some non-English-speaking readers who may not be familiar with the word "sucks." These people might be confused as to whether they were looking at the Guinness homepage or not. Therefore the test of trademark confusion was met. I am not kidding.
Although Guinness "has not submitted any evidence of such confusion," they don't even need to: "it is unrealistic to require such evidence."
Here's the list of really confusing domains. Someone tell me how these URLs could be mistaken for the Guinness beer website:
guinness-really-sucks.com
guinness-really-really-sucks.com
guinness-beer-really-sucks.com
guinness-beer-really-really-sucks.com
guinness-sucks.com
guinnessreallysucks.com
guinnessreallyreallysucks.com
guinnessbeerreallysucks.com
guinnessbeerreallyreallysucks.com
guinness-beer-sucks.com
guinnessbeersucks.com
It gets worse. I might search on Guinness and turn up a "-sucks" website, and then I might actually be curious and click on it, thereby depriving the real Guinness of my eyeballs. Again, I am not kidding. This is actually part of the reason the domains were taken away from their owner.
I'll write some more about this later, maybe next month. If you know anyone who feels like their domain name was unfairly taken away, please have them contact me.
i'm sure lots of this will go one. silly blokes. oh to be the second guy in that picture!
too bad i'm not in Europe.
Yet nother crippling bombshell hit the beleaguered *BSD community when last month IDC confirmed that *BSD accounts for less than a fraction of 1 percent of all servers. Coming on the heels of the latest Netcraft survey which plainly states that *BSD has lost more market share, this news serves to reinforce what we've known all along. *BSD is collapsing in complete disarray, as further exemplified by failing dead last in th recent Sys Admin comprehensive networking test.
You don't need to be a Kreskin to predict *BSD's future. The hand writing is on the wall: *BSD faces a bleak future. In fact there won't be any future at all for *BSD because *BSD is dying. Things are looking very bad for *BSD. As many of us are already aware, *BSD continues to lose market share. Red ink flows like a river of blood. FreeBSD is the most endangered of them all, having lost 93% of its core developers.
Let's keep to the facts and look at the numbers.
OpenBSD leader Theo states that there are 7000 users of OpenBSD. How many users of NetBSD are there? Let's see. The number of OpenBSD versus NetBSD posts on Usenet is roughly in ratio of 5 to 1. Therefore there are about 7000/5 = 1400 NetBSD users. BSD/OS posts on Usenet are about half of the volume of NetBSD posts. Therefore there are about 700 users of BSD/OS. A recent article put FreeBSD at about 80 percent of the *BSD market. Therefore there are (7000+1400+700)*4 = 36400 FreeBSD users. This is consistent with the number of FreeBSD Usenet posts.
Due to the troubles of Walnut Creek, abysmal sales and so on, FreeBSD went out of business and was taken over by BSDI who sell another troubled OS. Now BSDI is also dead, its corpse turned over to yet another charnel house.
All major surveys show that *BSD has steadily declined in market share. *BSD is very sick and its long term survival prospects are very dim. If *BSD is to survive at all it will be among OS hobbyist dabblers. *BSD continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, *BSD is dead.
*BSD is dying
And englishmen shouldn't take this personally but only they can come up with sarcasm as "A chance to try out some of the local cuisine"
Or was that a warning ?