Slashdot Mirror


Second Lawsuit Filed Against ICANN (and VeriSign)

penciling_in writes "CircleID reports on a second lawsuit filed against ICANN and VeriSign. 'Newman & Newman, the law firm representing an ad hoc coalition of ICANN-accredited domain name registrars, has filed a lawsuit today against ICANN and VeriSign to Stop 'Anti-Consumer, Anti-Competitive' Wait List Service Implementation.' According to the report, "The complaint attacks ICANN and VeriSign based on 1) Unfair Trade Practices Act Violations; 2) Violation of California Business & Professions Code; 3) Unlawful Tying Arrangement; 4) Attempted Monopolization; 5) Violation of Racketeer Influenced and Corrupt Organizations Act; 6) Intentional Interference with Prospective Economic Advantage; 7) Breach of Contract; and 8) Declaratory Relief." Also a related website launched at fightwls.com."

35 of 91 comments (clear)

  1. Tech guru predicts the winner: by Anonymous Coward · · Score: 5, Funny

    The lawyers.

  2. doh! by stonebeat.org · · Score: 4, Funny

    I was kinda waiting for WLS. I am tried of doing a WHOIS on bunch of Domain Names, every morning, to see if they expired ;)

    1. Re:doh! by welsh+git · · Score: 2, Insightful

      > I was kinda waiting for WLS. I am tried of doing a WHOIS on bunch of Domain Names, every morning, to see if they expired ;) Fair enough, but why should Verisign have this monopoly ?

      --
      Sig out of date
  3. Too long by Quasar1999 · · Score: 4, Funny

    Just shorten the story to, Verisign/ICANN being sued for standard business practices...

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:Too long by arivanov · · Score: 4, Funny
      Just shorten the story to, Verisign/ICANN being sued for standard business practices...

      By a bunch of direct marketeers. I would like someone to draw some blood from the V/I, but I am not very sure that the I would like any of the "platifs" to win anything. Besides a gratuitous mentioning of their lattitude, longitude and altitude in a submarine of course.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
  4. WLS can work by stonebeat.org · · Score: 4, Interesting

    WLS can work on domains that are owned by businesses that that DO NOT have a registered trademark.

  5. So let me get this straight... by nharmon · · Score: 5, Insightful

    I can buy the right to register Microsoft.Com if Microsoft Corp ever decides to stop renewing it. However, Microsoft could buy an 'insurance' which would prevent loss of the domain if someone forgot to renew it.

    Other than the same company is selling these two products, I find this comical at best. No way this should be illegal.

    Unless Verisign intends to make information about who owns 'domain insurance' private confidential, then I see no reason why both products cannot co-exist.

    As long as the person understands that they have about as much chance of registering microsoft.com as they do of winning the lottery, I see no reason why we should be holding consumers' hands and protecting them from their own stupidity.

    1. Re:So let me get this straight... by kindbud · · Score: 5, Interesting

      As long as the person understands that they have about as much chance of registering microsoft.com as they do of winning the lottery, I see no reason why we should be holding consumers' hands and protecting them from their own stupidity.

      But if Microsoft buys insurance from Verisign, then there is NO chance at all that the person who paid for WLS on Microsoft.com will ever get the domain. Thus, at best it is fraudulent for Verisign to offer WLS and insurance, and at worse, it is a racketeering operation with Verisign putting the squeeze on their own customers ("Buy insurance, Microsoft, look how many people are on the WLS for your domain. You wouldn't want to lose your domain to one of these people, would you?").

      --
      Edith Keeler Must Die
    2. Re:So let me get this straight... by Anonymous Coward · · Score: 4, Insightful

      A product that would only be purchased by a stupid or uninformed person is a scam. You can't say, "I told them it was worthless and they bought it anyway." Not if you have any moral fiber. There's no reason to tollerate such abuses, except for "entertainment value".

    3. Re:So let me get this straight... by Unregistered · · Score: 2, Interesting

      The services exist for differet domains. MS can buy insurance becasue if there was no insurance and they let the domain reg. lapse, there is a good chance someone else would reguister the domain making a big nuiscence for ms. TWLS is for a domain that you think wil lapse soon, but don't want to have to be the first person to try and reg it before some bot that autoregisters names to resell gets it. Both make it more convinent for the consumers.

    4. Re:So let me get this straight... by Endive4Ever · · Score: 5, Insightful

      Well, I sold a digital recording cable converter right on ebay last month. One that normally has a hard drive. I mentioned right on the bid page that the hard drive was removed and that it didn't have a smartcard.

      This morning I got email from the buyer 'where's the hard drive? where's the smart card?'

      Never underestimate the intelligence of somebody willing to give you money.

      --
      ---
    5. Re:So let me get this straight... by saden1 · · Score: 2, Interesting

      It would be logical to not let anyone buy WLS if the domain name is insured.

      Frankly I'm for the FCC canning ICANN and VeriSign and taking over the management of internet domain name registration/assignment. It is ridicules to have these two organizations work in sync to protect their monopoly.

      --

      -----
      One is born into aristocracy, but mediocrity can only be achieved through hard work.
    6. Re:So let me get this straight... by molnarcs · · Score: 2, Insightful

      Microsoft.com is not the best example to underlie the the points of the registrars. If you read the pdf carefully (well, I know its slashdot, but I hope dies last) I would especially recommend reading what the Berkman Center for Internet and Society at Harward Law School has to say about WLS. You can find in in first pdf on fightwls.org, background documents section.

      Despite the fact that ICANN was sued earlier by VeriSign, and ICANN being in the right concerning the despicable site-finder 'service', this case is different. The anti-comepetetive and monopoly abusing practices of VeriSign are on par with the practices of MS, and based on what I have read, ICANN is about to help them in their endeavour.

    7. Re:So let me get this straight... by op00to · · Score: 2, Insightful

      Man, I hope IHBT.

      You DO realize that there are countries other than the US with internet accesss...right?

  6. atlarge by Anonymous Coward · · Score: 5, Insightful

    Icann may be bad, but Icann@large is worse. There are many idiots that believe that Icann was a kind of internet government and they talk about democratic organisation and the like but aren't able to speak with one voice or organise themselves with their radical democratic principles that often lead to "takeovers". I often came to the conclusion: They waste our time in bylaws discussion and non-working organisational bodies. The atlarge community failed.

    You cannot deal with the atlarge guys atlarge.

    And ITU to take over ICANN? I don't want this, not even more UN breakfast directors and phrase driven policy. Icann is is too American but they don't pollute the debate with policy issues that are off-topic. However IPR and Icann is also fully off-topic.

    I fully agree with Karl Auerbach, what's all this ICANN fuzz about.

    Wipe the politicians out. Let the admins in.

    1. Re:atlarge by Anonymous Coward · · Score: 2, Interesting

      No, the WLS people are worse. Their business model is lurking for domains to expire, registering them instantaneously upon expiration, then ransoming them back to the original owner for as much as they can manage. One valuable domain can easily reap a million dollars this way, so their clients buy domain names like lottery tickets.

      Of course, unlike real lotteries, they never publish the odds of winning and never have to reveal if they failed to get it first or didn't even bother to actually try to register the domains. They just collect the fees.

      Can you say "spammer-type business planning" and "fraud too small to prosecute", thus only stoppable by a policy change? I get a dozen spams for this crap every week: their business is definitely illegitimate.

  7. Just like a soap! by Dark+Lord+Seth · · Score: 5, Funny

    Verisign: Mwahaha! Say hello to millions in advertisement revenue... We mean, Sitefinder!
    ICANN: Hey Verisign.
    Verisign: Yesh?
    ICANN: Fuck off.
    Verisign: ...
    Verisign: To hell with you, I'm going to sue you!
    Rest of the world: GO TO HELL, BOTH OF YOU!!!
    Return tomorrow for the next episode of "As the DNS resolves."!
  8. Monopoly? by Melvin+Daniels · · Score: 4, Insightful

    The monopolistic charges kind of caught my eye, because they ring kind of true. Why should ICANN be the only body governing these sorts of things?

    1. Re:Monopoly? by Tango42 · · Score: 4, Informative

      Because 2 DNSs would mean 2 internets. (Unless there was an uberDNS, but then you would just move the problem up a layer)

    2. Re:Monopoly? by Tango42 · · Score: 2, Informative

      People have tried (and still are trying), but because of the problems getting ISPs to recognise them (the ISP has to simulate the uberDNS I was talking about), they don't do very well.

  9. Conflict of interest by Anonymous Coward · · Score: 5, Insightful

    Network solutions shouldn't have been allowed to get into any business besides selling domain names and providing DNS. Anything else (like selling ads on their sitefinder) and there is a risk they will do something to DNS to promote their other products rather than improve usability (as they did). They shouldn't even be allowed to send unlimited e-mails to domain name owners.

    TLD registrars and DNS providers should be small companies, run by people who are content to do a job and make a small profit, but not have unlimited freedom/growth potential of a private company that doesn't provide any exclusive service to the public.

    I hope ICANN moves in that direction right away and not even bother with separate lawsuits for various small points.

    Propz to the GNAA

  10. Re:Nice try by kfg · · Score: 4, Informative

    No, no. Verisign is suing ICANN for Sitefinder. Crazy, mixed up world, isn't it?

    KFG

  11. anti- W(hich) L(egal) S(tand) by jdkane · · Score: 5, Insightful
    Also a related website launched at fightwls.com."

    Granted most people who are going to the site for a reason know what the acronymn means, but for goodness sake, for the rest of us, put up some type of description about what that acronym WLS means. -- "Waiting-List Service" -- and tell a bit more about it up front.

    1. Re:anti- W(hich) L(egal) S(tand) by Anonymous Coward · · Score: 2, Funny

      But, it's obviously bad! It needs to be stopped! Don't you see the graphic with the red crossed circle? It's unamerican to question what you're protesting...

    2. Re:anti- W(hich) L(egal) S(tand) by jdkane · · Score: 4, Informative

      Just out of curiosity I looked up the domain and it's registered to a Canadian entity. Yes, it would appear as an American venture off the top. Could Canada be coming to the U.S.' rescue, or is the domain just harder to touch from outside the U.S.? Interesting indeed
      ---
      Domain fightwls.com

      Date Registered: 2004-1-23
      Date Modified: 2004-1-23
      Expiry Date: 2006-1-23
      DNS1: ns1.momentous.ca
      DNS2: ns2.momentous.ca

      Registrant

      Momentous.ca In Trust
      43 Auriga Drive
      Ottawa
      ON
      CA
      K2E 7Y8

      Administrative Contact

      Momentous.ca
      Wayne MacLaurin
      NOC
      43 Auriga Drive
      Nepean
      ON
      CA
      K2E 7Y8
      6137685100
      6138200777
      noc@momentous.ca

      Technical Contact

      Momentous.ca
      Wayne MacLaurin
      NOC
      43 Auriga Drive
      Nepean
      ON
      K2E 7Y8
      CA
      6137685100
      6138200777
      noc@momentous.ca

      Registrar: NameScout.com

  12. WLS an "OPTION" or a "CONTINGENCY FEE"? by Moblaster · · Score: 5, Insightful

    This is not entirely clear but it is important. Are the lawyers here talking about a service that you will be charged for regardless of whether or not you can actually buy a domain? Verisign is in the position to run a simple waiting list program, because they control the root servers. But this lawsuit seems to imply that you will be charged just for the "right" to purchase, not based on whether or not a purchase actually goes through (in this case, depending on whether the original registrant renews ahead of time or not).

    What I want to know is why Verisign can hold domains for a few days after they "expire" to let someone renew them. Other registrars will lose them right away (in some cases, to Verisign).

    1. Re:WLS an "OPTION" or a "CONTINGENCY FEE"? by tonyray · · Score: 5, Informative

      Verisign not only holds the domains for several *weeks* after they expire, they also lock them for several weeks *before* they expire so they cannot be transferred to another registrar. They do the latter because they charge twice as much as just about anyone else and once you get your bill from them, they know you will jump ship. By locking the domain you are stuck with either paying them or having your domain resolution halted for several weeks. Now, with a waiting list, Verisign can also threaten you with losing the domain altogether.

  13. Re:Nice try by feidaykin · · Score: 4, Funny
    No, no. Verisign is suing ICANN for Sitefinder. Crazy, mixed up world, isn't it?

    What do you call a thousand lawyers chained together at the bottom of the ocean?

    ( wait for it...)

    A good start!

    Thank you, thank you... And yes I pulled that from a Tom Hanks movie and it was likely and old joke at that point.

    --

    "To confine our attention to terrestrial matters would be to limit the human spirit." -Stephen Hawking

  14. Re:Nice try by BadDreamer · · Score: 2, Funny

    What do you call 100 lawyers in the ocean?

    A pollution.

    What do you call ALL the lawyers in the ocean?

    A solution.

    Thank you, thank you, *ducks rotten tomatoes*, don't forget to tip your waitress for those tomatoes!

  15. You know.. by Loconut1389 · · Score: 4, Insightful

    After the sitefinder thing, i wasnt happy with verisign, i didnt like them, but I wasnt stark raving mad. They at least heeded the will of ICANN and everyone else, eventually. I might have still gotten a digital certificate or something since they really are good at those. But now, I would very much like to put them out of business. They are so off in their thinking that I can't stand to have them still in business. The sad thing is I am almost sure that they will win their case because the judges are not edjucated enough with regards to computers. The court room is not a technical place, and money and big guns wins over the technical truth. I dearly hope that someone can somehow put verisign in its place and stop this insatiable and unreasonable greed. Its not so much that theyre greedy, but how theyre going about satiating it. Few things not in my direct personal life infuriate me this much.

  16. I just thought of a great new game by Mixel · · Score: 5, Funny

    It's like the old "Rock, Paper, Scissors"... Only its called "Sue, Copy, PublicDomain"!

    Sue vs Copy -> Sue Wins
    Sue vs Public -> Public Wins
    Copy vs Public -> Copy Wins

    A game for artists, lawyers, hackers, CEOs and the whole family.

  17. hrmmm by ShadowRage · · Score: 2, Interesting

    the whole WLS thing should be illegal IMHO, that's like someone setting up a waiting list on your house, and pressuring you to pay extra money to keep your property though you've already paid for it and paid it off.

    1. Re:hrmmm by EmagGeek · · Score: 2, Insightful

      What, like property tax?

  18. Survivor: Supreme Court by mabu · · Score: 2, Funny

    This should make a great immunity challenge for NBC's upcoming: Survivor: Supreme Court

  19. Waiting Lists Work... For Smart Domain Buyers by gbulmash · · Score: 4, Informative
    GoDaddy.com offers a "backorder" service. There was a .com version of a .net name I owned and the owner wasn't doing anything with it, so I wanted to grab it and point it at my .net. I knew it was expiring in a few months, so I figured I'd try to backorder it in case it wasn't renewed.

    The "backorder" service hovered and watched the status of the domain name, sending me updates when anything changed.

    When it expired, they let me know.

    When the original registrar put a 30-day Grace Period lock on it after keeping it in expiration mode for 45 days, the service let me know.

    When the original registrar released it back into the wild, the backorder bot registered it in my name and let me know.

    But if that name hadn't been expiring within a year of my buying the service, it would have been a total waste of money for me to buy the service. And if the prior owner had established a site with any traffic at that domain, then I would have faced a potential battle once I grabbed it. I made sure that it was not in use and was expiring within a few months before I bought the service.

    Currently, VeriSign refers you to SnapNames.com for backordering. I'm not sure about any new wait list service they're planning to offer. Here's the differences and similarities between GoDaddy's service and the SnapNames Service:

    • First and foremost, SnapNames costs $69 per year per domain name. GoDaddy's service costs $18.95 per year per domain name.

    • Each offers you the ability to check the whois for the expiration date on the doman, but both will also let you get to the checkout phase with domains that won't expire for 4 years or more in your cart and never automatically warn you.

    • GoDaddy will not offer you the backorder on really prominent .com domain names like Yahoo, Google, and Amazon (though it did on IMDb, Altavista, and Wired). SnapNames will.
    • Both warn in the fine print (SnapNames in their T&C, GoDaddy in their "tell me more") that there's no guarantee you'll get the domain even if it expires, though only SnapNames explicitly warns that there might be competition for the name if it becomes available.
    Honestly, the services can easily glean date of expiration information from most of the WHOIS records. If some clueless idiot is about to spend $69 a pop to stake backorders on domains that won't expire until 2008, does either service have a responsibility to overtly warn them that this is a waste, or can they bury everything a link or two away from the process and claim it was the buyer's responsibility to check things out?

    It would be nice if the courts held consumer service/purchase agreements to a higher standard... requiring a "for dummies" version of the fine print that hits the major points in plain language to be on the front of the order form in standard type. But they don't, and if you're buying a service online, it's your job to know what the heck you're buying.

    - Greg