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Microsoft to Sue Cybersquatters

An anonymous reader writes "The Financial Times writes that Microsoft will launch a series of lawsuits against cybersquatters, and will urge other companies to help tackle what it says is a growing problem on the internet. Microsoft says it hopes its example will encourage other trademark owners to bring similar lawsuits: "Cybersquatting is a growing problem for brands around the world and we hope to educate other brand holders and encourage them to take action," said Aaron Kornblum, senior attorney on Microsoft's internet safety enforcement team."

35 of 221 comments (clear)

  1. Go Microsoft! by inviolet · · Score: 4, Interesting

    I think I shall blow some karma by cheering Microsoft on. Cybersquatting has long tickled my free-rider detector, so it would be nice to see a few of them get pwned.

    And never mind the malevolence of many of the squatters' typotrap websites.

    --
    FATMOUSE + YOU = FATMOUSE
    1. Re:Go Microsoft! by DaMattster · · Score: 2, Insightful

      As much as I hate M$, I have to cheer them on for this. These squatters are a major nuisance. Also, these squatters try to install spyware and trojans on your computer. Or even worse, try to spread a bot net attack.

    2. Re:Go Microsoft! by Seumas · · Score: 2, Interesting

      Yeah, this lawsuit idea is all fine and great if you're a big corporation like Microsoft. The small guy, like myself who has had malicious people squat on domains (my site, for example, but .net and .org, etc for example) are fucked because we can't afford thousands and thousands of dollars to bring a lawsuit against someone on the other side of the country.

      (And yes, this person squating my domains is doing so maliciously as they are a former user who continually harassed other users. Then there is also the person who put up the same site and service as mine and used the same domain name, but with one letter off - causing people to constantly confuse the two so that I frequently get complaints by email about problems on my site... that is actually on the OTHER site).

      So... frankly.... I don't give a fuck about all of this. Yay corporations. Have fun running our internet.

    3. Re:Go Microsoft! by Anonymous Coward · · Score: 2, Interesting

      Squatters need sued, but will they go after parody sites as well and call them squatters?

    4. Re:Go Microsoft! by voice_of_all_reason · · Score: 2, Insightful

      Logical fallacy (hasty induction):

      P is bad
      P is a subset of Q
      Therefore, Q is Bad

    5. Re:Go Microsoft! by sootman · · Score: 2, Funny

      They must be looking for a new noble cause to undertake since they solved Spam last year. Go team!

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  2. Re:OpenDNS by morgan_greywolf · · Score: 3, Informative

    But seriously, isn't this already addressed well through OpenDNS [opendns.org]? Not everyone can use OpenDNS, for one. For another, OpenDNS works by not exactly following the RFC, attempting to correct mistakes made by users instead of directing them to the appropriate error page. OpenDNS is DWIM (do what I mean) and well, DWIM (as any regular user of zsh can testify to) has never quite worked right.
  3. The entire .com TLD is a wasteland by Anonymous Coward · · Score: 4, Interesting

    These days the entire .com TLD has been ruined by cybersquatters and profiteers. There are barely any usable .com names available that havn't already been purchased by someone out to make a quick buck by offering to sell it to you at a vastly inflated price. The registrars don't seem to have any interest in solving the problem; after all, they're getting paid plenty of money for lots of domains that they otherwise wouldn't be selling. I wonder what they plan to do in five years time when the entire namespace has been registered and the only people selling domains are domain squatters and resellers?

    The long and the short of it is that if you want a .com domain today, you may as well go straight to sedo.com and save the wasted effort of trying to register one yourself. It's taken.

    1. Re:The entire .com TLD is a wasteland by cyclop · · Score: 2, Insightful

      Well, what's your solution to this? It's free market, face it.

      Note that I don't like that, but I can't see how can I think to step on the basic right to anyone to buy a domain for any purpose and do what they like with that domain.

      --
      -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    2. Re:The entire .com TLD is a wasteland by Tim+C · · Score: 2, Insightful

      The registrars don't seem to have any interest in solving the problem; after all, they're getting paid plenty of money for lots of domains that they otherwise wouldn't be selling.

      Assume that I am a registrar. Now, explain to me exactly what this problem is that I should be solving, and why it is in my interests to solve it.

      Can't do it? That's because there *is* no problem, not for the registrars. "But it'll improve surfing experience for end users!" is true (I hate typo-squatters as much as the next rabidly-anti typo-squatting person), but irrelevant to the registrars.

      I wonder what they plan to do in five years time when the entire namespace has been registered and the only people selling domains are domain squatters and resellers?

      Live off the renewal fees. If they stopped selling obviously-crap names, they'd make less money now (sales) *and* in the future (renewals).

      I appreciate your position, but the registrars have nothing to gain and everything to lose from clamping down on this.

  4. Should have done this earlier by jrumney · · Score: 4, Insightful

    Personally, I would have sued the Cybersquatters first, and left innocent kids called Mike Rowe alone.

    1. Re:Should have done this earlier by Slashamatic · · Score: 5, Interesting

      However dubious, Mike Rowe has the right to use his name to create a company called MikeRoweSoft. Once there is a legal entity registered with that name then what is the issue? Even when it comes to a personal name like Macdonalds. I believe a lady with that name operates a tea-room in Scotland which was contested by the 'other' one. Macdonalds challenged her in court for the right to use the name but they lost as it was her real surname and there was no intent to deceieve. In fact, the clan chieftain apparently testified pointing out that as a real Macdonald she actually had more right to the name than the Macdonalds company.

    2. Re:Should have done this earlier by Sunburnt · · Score: 2, Interesting

      I believe a lady with that name operates a tea-room in Scotland which was contested by the 'other' one. Macdonalds challenged her in court for the right to use the name but they lost as it was her real surname and there was no intent to deceieve.
      And I should hope so, since the name of the company in question is McDonalds.

      Check out the history of litigation between Anheuser-Busch (owners of the Budweiser trademark in the U.S.) and Budvar (who make a beer named "Budweiser," ostensibly named for the town of origin.)
      --
      Tags != Comments, and -1 (Troll) != -1 (I Would Respond Angrily To This Poster So They Must Be Trolling)
  5. Re:OpenDNS by vp_development · · Score: 2, Insightful

    Although OpenDNS has saved me from several typos, I don't think that eliminates the need to sue Cybersquatters who are making money my intercepting traffic that was intended to go elsewhere. The fact there is an industry churing out sites like espnn.com is like a city putting up a delibierately misleading sign on a highway that diverted people onto a toll road (although I swear that's the way the GW Bridge is set up).

  6. Cheaper Solution by s31523 · · Score: 3, Insightful

    Wouldn't it be cheaper if M$ just paid off any of the squatters? I mean the practice of registering domain names of trademarked names sounds like good ol' capitalism to me... If M$ thinks this is unethical or whatever, ha! Isn't that the pot calling the kettle black.

    1. Re:Cheaper Solution by Anonymous Coward · · Score: 2, Insightful

      Holding intellectual property ransom has nothing to do with capitalism. Take your marxist claptrap elsewhere.

    2. Re:Cheaper Solution by Red+Flayer · · Score: 2, Insightful
      Well, I'll bite.

      Holding intellectual property ransom has nothing to do with capitalism.
      Sure it does, if you mean free market capitalism. If there is any kind of property, it is quite within the bounds of capitalism for the owner to choose to relinquish control only when someone pays a price they set. Sure, it may be annoying that the system structure allows anyone to get squatter's rights on domain property, but as long as the system allows it, "holding intellectual property ransom" is pure capitalism. Not allowing someone to use an equitable system to gain rights over a domain is against the principles of capitalism.

      Note, however, that the term 'intellectual property' doesn't really apply here.

      Take your marxist claptrap elsewhere.
      Marxist claptrap? I'm sorry, what part of the OP's post has anything to do with Marxism? Your post insinuates that not allowing ownership of intellectual property is capitalist. I'm sorry, isn't property ownership one of the tenets of capitalism? As long as the system allows for intellectual property (to continue using your incorrect term) then how is being allowed to sell it to the highest bidder Marxist?

      I know I shouldn't feed the trolls, but the insightful mod on the parent to this post struck me as odd. The parent espouses an action that is more Marxist in nature than the OP, and then calls the OP Marxist. Never mind the tone of the post, or the loaded, albeit inaccurate, langage -- "olding intellectual property ransom."
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:Cheaper Solution by Rithiur · · Score: 2, Insightful

      And continue paying them forever in the future? I think the point of lawsuits is to get a favorable ruling(s), so that tackling them in the future will be easier. And besides, if MS just started paying them all off, wouldn't that just encourage the practice even more?

      Even if Microsoft isn't the most ethical company, it doesn't change the fact that this can be a Good Thing.

  7. OMG - Corporation Loses a bit of Revenue!? by jimijon · · Score: 2, Insightful

    Come on- Cybersquatting is nothing but the free market in action. I am sure microsoft could afford to pay any cybersquatter a decent amount of money to get back a domain they will then hold forever. And as far as all of you who are having a difficult time finding a name, tough. That is what a free marketplace is all about. Personally I know of a legitimate company that had a name similar to youtube and instead of complaining adapted their site to take advantage of all the new traffic. Why is is that when the litlte guy makes a buck it is so damn problematic but when the corps rape the little guys it is just ok. Viva la Squatters. Now technological solutions to spam... well that I would support. cheers

    --
    Mind | Body | Spirit | Cash
  8. Re:OpenDNS by fishdan · · Score: 2, Interesting

    The above points are all well taken -- I guess I was just concerned about corporations throwing their weight around and rushing to litigate in the knowledge that most people will not or cannot afford to fight them. I was working at Palm when Palm sued the owner of www.mypalm.com, in a move that was internally regarded as completely unjustified by everyone who didn't wear a suit to work. Palm eventually dropped the suit and settled with the guy when the developers revolted against corporate on this issue (if only we'd known that was the tip if the iceberg).

    I'm afraid that this precedent could lead to many other cases of companies trying to seize domains they want through legal methods. I'd rather see people get their DNS from someone they trust, than a judge decide that Delta Airlines owns the trademark to the word Delta.

    --
    Nothing great was ever achieved without enthusiasm
  9. Bah, it's more annoying than anything. by tomstdenis · · Score: 4, Interesting

    For example, folk who go to "libtomcrypt.org" will be treated with a squatters website. But if you google for "libtomcrypt" the correct domain comes up near the the top (searching for libtom hits the website on the first link).

    Whomever bought libtomcrypt.org had to shell out the $10 or whatever it cost to steal it from me. Will they make money from it? I don't know. I'm not going to buy it back though (their website claims no offer under $1000 will be looked at). So unless they make ad revenue it cost them money to steal it from me. And that brings me to the other point. Just because you were tricked to going there and saw the ads, doesn't mean they do [or should] make any money off that. If advertisers smartened up and only paid per lead actually generated, it would pretty much kill these sites overnight.

    That is provided that people aren't stupid enough to use squatter domains to search/buy things.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:Bah, it's more annoying than anything. by nightsweat · · Score: 2, Insightful

      It's a numbers game. They lose $5 on you and dozens of others but they make $30,000 on some obscure domain that suddenly becomes important (like FireLouPinella.com will be by the end of the Cubs season).

      --

      the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
  10. Perhaps it's time for... by Anonymous Coward · · Score: 4, Funny

    ...eminent domain!
     
    /ducks

  11. Re:OpenDNS by TechForensics · · Score: 2, Interesting

    Let me tell you about a guy named Mike Rowe who registered MikeRoweSoft.com. He was just a kid and M$ went after them in all of its awful majesty and by the time the dust cleared, M$ had the domain and the kid, I think, had a new Xbox and some educational packages "to help his career along". Hm, wonder whether he asked to learn about the Linux kernel.

    --
    Those are my principles, and if you don't like them... well, I have others.
  12. Still makes me nervous by starX · · Score: 2, Insightful

    This is one of those things that I'm split on. On the one hand, I think MS is in the right to be pursuing cybersquatters, especially when you consider that most of these folk tend to be trying to peddle spam. On the other, I still don't like the precedent that was set fairly early on of folks who had registered domains in good faith having them stripped away because an individual or company had deemed it "cybersquatting." There is the potential for abuse here, and Microsoft's pockets (and legal resources) are deep enough that even the thought of taking them on will make most people want to settle.

  13. Cybersquatting != free market by penguinoid · · Score: 2, Interesting

    To all those of you saying that cybersquatting is simply the result of the free market, well you are wrong. It is the result of improper pricing for domains in the first place. All short or word-like domains should have been priced higher. When prices are too low, a shortage will result -- as it has.

    Also, Microsoft has a legitimate interest is removing cybersquatters, as do we all, because quite a few of these (appart from other issues) are phishing or pushing crapware (or just advertizing, but that is acceptable in my book). Also, holding domains captive results in crappier names for everyone, which is a bad thing.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:Cybersquatting != free market by Red+Flayer · · Score: 2, Insightful

      To all those of you saying that cybersquatting is simply the result of the free market, well you are wrong. It is the result of improper pricing for domains in the first place. All short or word-like domains should have been priced higher. When prices are too low, a shortage will result -- as it has.

      To all those of you saying that cybersquatting is simply the result of the free market, well you are wrong.

      You're right, it's not simply the result of the free market. It is, however, partly the result of a free market.

      It is the result of improper pricing for domains in the first place.
      Not at all. There are plenty of commodities available for next to nothing in the physical realm, which are in short supply due to limitations on who may collect the goods (like land ownership), whose prices are high due to market forces. Claimsquatters looking for seams of precious metals are in the same boat as domain squatters, yet no one would argue that claimsquatting was not a result of the free market; nor would one argue that land speculation is not a result of the free market.

      It is the result of improper pricing for domains in the first place.
      Also a factor, but this is not exlusionary to the market forces that cause the value to be so high. In fact, the domains wouldn't be improperly priced if it weren't for market forces.

      When prices are too low, a shortage will result -- as it has.
      Domain names are not a commodity, one cannot simply subsititute one domain name for another and have them be equivalent products. You can't extrapolate that low prices caused a shortage in this case. If you did want to consider domain names a commodity, then you'd have to say that they are priced too high, since the supply of them is infinite -- they should be free.

      Also, Microsoft has a legitimate interest is removing cybersquatters,
      Yes, they have an interest. Legitimacy is another concern; if free market capitalism were to really apply, there is no question of legitimacy, only of interest.

      as do we all, because quite a few of these (appart from other issues) are phishing or pushing crapware (or just advertizing, but that is acceptable in my book)
      Phishing: Agreed.
      Pushing crapware: Caveat Emptor

      Also, holding domains captive results in crappier names for everyone, which is a bad thing
      Why a bad thing? In the long run, crappy domain names for everyone means that domain names will become less important for branding, which means less dependence on English, less dependence on getting the best domain name for your organization or person -- which frees us all up to spend more resources on other things. The whole domain registry system is broken, and the sooner domain names lose their relevance[1], the better.

      [1] As is already happening, as people increasing use Google or other search engines as portals.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  14. Re:What is wrong with a little free enterprise? by demiurgency · · Score: 2, Insightful

    I can buy blank DVDs from the store fair and square, burn pirated software onto them, and sell them for $2 apiece. I paid (a pittance) for the DVDs, so it's a nice fair profit, according to this logic.

    The issue is one of infringing on intellectual property rights.

  15. Enforced by goldaryn · · Score: 2, Funny

    Cybersquatting is a growing problem for brands around the world and we hope to educate other brand holders and encourage them to take action," said Aaron Kornblum, senior attorney on Microsoft's internet safety enforcement team.

    Or else we'll pay you a call, like those weenies at the Dyslexic Domains Company*

    *knock knock*
    "Who dat?"
    "Internet Safety Enforcement, hit the dirt motherfuckers!"
    "AAAAAAAAAAHHHHHHHHHHHH!!!!!"

    --
    * Ream name.. see TFA!

  16. Typo domains by Ash-Fox · · Score: 4, Insightful

    I get a distinct feeling that they're annoyed that they aren't making as much money as they could on typo domains (Microsoft redirecting unknown domains in IE to their search site). I have to wonder if this made any influence on their decision to go after cyber-squatters.

    --
    Change is certain; progress is not obligatory.
  17. Are they going to sue themselves? by lbmouse · · Score: 2, Informative

    http://www.dailydomainer.com/200784-microsoft-eart hlink-charter-cybersquatting.html

    Not *exactly* cybersquatting, but just as bad if not worse.

  18. Re:Free Market by inviolet · · Score: 3, Insightful

    I support all these "cybersquatters". They are harming no one, and they just do a bit of profit from people mistyping. Not moral hard-earned hard work, sure, but surely less evil than suing them.

    I wonder how you assessed the harm (or lack thereof) caused by typosquatting. From down there in your basement, perhaps you hadn't noticed that typosquat websites are loaded with pr0n, viruses, bogus search engines, and occasionally even attempts to pass themselves off as the real thing. These ills create the impression that it is perilous to seek out microsoft.com on the web. The harm from that impression is probably what prompted Microsoft to release the hounds.

    Not to mention the harm to the customer (which Microsoft's lawyers are more or less acting as proxy for). Registering 'micorsoft.com' can only be an attempt to fraudulently subvert a customer's intention to pursue a relationship with microsoft. And that is real harm, no matter what value or dysvalue the cybersquatter website offers.

    If a person wishes to bash Microsoft, then let them register 'microsoftsucks.com'. Or just do like everyone else: create a slashdot account. :)

    --
    FATMOUSE + YOU = FATMOUSE
  19. Re:Free Market by cyclop · · Score: 2, Insightful

    perhaps you hadn't noticed that typosquat websites are loaded with pr0n, viruses, bogus search engines, and occasionally even attempts to pass themselves off as the real thing.

    Well, every site loaded with viruses, bogus search engines and misleading informations should be closed, not just typosquatters, and not because they are typosquatting.

    Registering 'micorsoft.com' can only be an attempt to fraudulently subvert a customer's intention to pursue a relationship with microsoft. And that is real harm

    Why? Imagine tomorrow I build a true,legit software house called "MicorSoft". Yes, I capitalize also on typosquatting maybe, but that's no more than a clever advertising technique. Does this harm Microsoft? Maybe, but also competition harms Microsoft, yet we don't feel the need to protect it from competition.

    --
    -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
  20. Re:Free Market by inviolet · · Score: 2, Insightful

    Why? Imagine tomorrow I build a true,legit software house called "MicorSoft". Yes, I capitalize also on typosquatting maybe, but that's no more than a clever advertising technique. Does this harm Microsoft? Maybe, but also competition harms Microsoft, yet we don't feel the need to protect it from competition.

    We don't protect them from competition, no, because everyone fares best with competition. But we do protect their identity from subversion. Bill Gates invested a massive amount of resources in developing an identity called 'Microsoft'... and the size of that investment, and the future value of that identity, both positively motivate Microsoft to behave itself. That is to say, nobody spends $5 billion to develop a brand name and then proceeds to sell a phoney product and flee to Mexico with the proceeds.

    An interloper named 'Micorsoft' can damage that investment, even to the point of ruining the original company's positive incentives to behave to protect its name (though this is not likely in this case due to Microsoft's sheer size). Did you ever hear about the 'Ball Home' scam in Kentucky?

    Actually we see the same thing with our own personal identities. You've presumably invested a lot of resources in your reputation, right? So I would damage you if I impersonated you to your friends, neighbors, and coworkers.

    --
    FATMOUSE + YOU = FATMOUSE
  21. Real reason for Microsofts tactics by Emetophobe · · Score: 3, Insightful

    You want to know the real reason why Microsoft wants to get rid of cybersquatters? If you use Windows, fire up iexplore and type in some address that doesn't exist, you are redirected to a MSN Search page.

    If Microsoft can get rid of thousands of cybersquatters, they get more redirects going to http://sea.search.sympatico.msn.ca/dnserror.aspx?F ORM=DNSAS&q=non.existent.domain for example. Microsoft wants all mistyped urls redirected to their search engine.

    Microsoft is no better than the cybersquatters, the only difference is they have the money and lawyers to bully them into submission.