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The Pirate Bay Takes Over Anti-Piracy Domain
palpatin writes to let us know that The Pirate Bay has now taken up residence at IFPI.com, a domain once owned by the International Federation of the Phonographic Industry. The Pirate Bay says the site will now promote the International Federation of Pirates Interests. IFPI can still be reached at ifpi.org. Torrentfreak has up a brief interview with Brokep, one of the administrators of The Pirate Bay, who says: "It's not a hack, someone just gave us the domain name. We have no idea how they got it, but it's ours and we're keeping it."
Makes one wonder what the legal mechanisms are for domain names and other international property like this if they are "unrightfully transferred"? I recall that the owner of sex.com was so worried about his domain that he had it on file at his registrar that they were not to transfer it without written request from the owner. Someone spoofed a letter and got it transferred anyway. He wasn't without the domain for very long, but just goes to show you that things like this are hard to make bulletproof.
If by chance, someone managed to get say, riaa.com, transferred to another registrar that was like the hosting we read about recently in Russia, where they don't care as long as they get paid, just how hard is it to get your domain back? I seem to recall "unlock codes" being required and there not being any by-legal-force way to get this. (remembering the recent fiasco of godaddy.com not providing unlock codes) I could picture such a transfer being irreversable if the thief was stubborn and knowledgeable enough. Or is there an angle?
I work for the Department of Redundancy Department.
If I got it right, they founded the "International Federation of Pirate Interests" or something like that, which has (a happy coincidence, no doubt) the letters IFPI as its acronym.
You can have a trademark all you want, if someone has at least the same "reason" to have a domain, you have no case. Ferrero lost a case for the domain "kinder.at" (with "kinder" being their trade mark, before German legislation made trademarking common words illegal ("kinder" means "children" in German)) against (IIRC) some youth organisation. The court's decision was explained with the fact that there is no danger that the domain holder (the youth organisation) could be mistaken for Ferrero (a company making chocolate products).
Now, if the IFPI wants to claim that they could be mistaken for a bunch of 'pirates', this could be different...
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Interestingly enough, this comes as a porn site was forced to give up acdc.com and give it back to the band. Here's an article
A nice idea, but that would be a violation of copyright, and (let's be very clear about this) The Pirate Bay does not violate copyright laws.
A pizza of radius z and thickness a has a volume of pi z z a
(IANAL)
"I'd let them buy it from me at normal cost"
That course of action would lead you to be a criminal, or at the very least instantly lose your legitimate title to the domain. Do *not* under any circumstances offer a price. That's how microsoft got Mike Rowe, and how other large corporations worldwide have gotten many other domains. As soon as you name a price you are a domain hijacker. This isn't just an american law; it has happened pretty much worldwide with the same consistent results, afaik.
GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
You're talking about a case in Austria here, elsewhere the situation might be different.
Well, .com domains are registered via U.S. registrars, so U.S. courts may have jurisdiction here, although it's always possible, I suppose, that the plaintiffs could try to file suit in Sweden, since that's where TPB is located. At that point, it would be up to the Swedish judge to decide jurisdiction.
As far as whether it's a trademark infringement, it's important to realize that 1) trademarks are territorial in nature (IFPI would have to have a trademark on the name 'IFPI' in Sweden and possibly the U.S., and 2) whether or not the domain would fall under 'trademark dilution laws' depends on the nature of the mark that they filed and, ultimately, whether a judge would award them any damages. It's possible that they might -- but it's also possible that they might not.
So I wouldn't get my panties in a bunch about it. IFPI hasn't even filed suit at this point (of if they have, we haven't heard about it).
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Unfortunately, the reason they probably still use 'phonographic' is that the word 'phonographic' still has a legal meaning in many countries, including the U.S. Even though CDs aren't phonographs per se, they are stilled referred to as 'phonographic recordings.'
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Well in the US if the owners of the cigarettes did that they are considered a gift, provided you had not requested them or they are mis-delivered, and you are free to keep them.
One line blog. I hear that they're called Twitters now.
I think ACDC actually bought the domain back. They didn't force the porn site to give it up, they paid for it.
SJW: Someone who has run out of real oppression, and has to fake it.
The article doesn't say that they were forced to give it to the band. It says "finished negotiations". The article does say "give back" and "reclaim", but never mentions exactly when it was that the band owned the domain in the first place. If they never did, then they probably bought the domain. I don't see how the band AC/DC should have any automatic ownership of the acdc.com domain.
One line blog. I hear that they're called Twitters now.
Only if the people who sent them to you are the owners. If you know, or have good reason to know, that they're not, it's possession of stolen property.
Yarrr! As long as ye follow the laws of ye Admiralty any salvage by ye shall be yours by right of cutlass!
"I am the king of the Romans, and am superior to rules of grammar!"
-Sigismund, Holy Roman Emperor (1368-1437)
http://web.archive.org/web/*/http://ifpi.com
"Not long"? It took Kremen 5 years to get the domain back and 10 to finally see Cohen in a US prison (for other reasons, granted) where he could no longer escape his dues.
i ate crayons when i was a kid and now i have two braincells and the blue ones taste nicer
... but www.nissan.com is still owned and operated by Nissan Computer Corporation. As approved by the USSC - a little light reading for you.
We Build Beautiful Websites
There is a similar case in the US. Look up the World-Wildlife-Fund vs. World-Wrestling-Federation. Both organizations have WWF as their initials, and as I remember, World Wrestling Federation was forced to give up the WWF trademark.
Not too clear on the details of the case, but maybe someone else can fill in more details.
We all know what to do, but we don't know how to get re-elected once we have done it