IFPI Domain Dispute Likely to Go To Court

fgaliegue writes "Ars Technica has a follow-up on the ifpi.com domain takeover by The Pirate Bay. The International Federation of the Phonographic Industry, ifpi.org, is quite unhappy that the .com is now a link to the (still not live) International Federation of Pirates Interests. The ifpi.com domain has been free as soon as March of this year, according to WebArchive. Nevertheless, the "real" IFPI wants to take it to the WIPO under the accusation of cybersquatting."

Comments

This is not Cybersquatting

[RaigetheFury]

http://en.wikipedia.org/wiki/Cybersquatting

First, the premise behind Cybersquatting is to obtain money or some other form of compensation. The Pirate Bay has no intention and no desire to obtain any compensation from them. While the site being made may be satirical or "nyah nyah nyah nyah nyah" in focus... it's still not cybersquatting.

Looks like someone forgot to pay for the domain, the name lapsed and somebody picked it up then gave it to Pirate Bay. And unless the law changes... Pirate Bay wins.

Re:This is not Cybersquatting

[Anonymous Coward]

It's entirely likely TPB will loose the domain.
Have you considered applying for a /. editor position?

it's in use

[v1]

Despite the looks of the headlines hre, TPB IS using the site. Heck, they've got more content on their page than I do on mine. It's not a lot more than a "comig soon..." page but we see that all the time for businesses that are just getting their cyberpresense off the ground. I suppose every reasonable person already has concluded that the IFPI (org) doesn't have a leg to stand on but I am enjoying the opportunity to laugh at (A) the org's ineptitude of allowing this to happen in the first place, and (B) for an organization that so enjoys perverting the law to their benefit finding themselves clearly positioned on the other end of the gun.

If TPB requested a legal fund to defend themselves on this issue, I'd be tossing them some coin right now. Give 'em hell.

Re:I love it when the magic works...

[mazarin5]

Is shooting up in the middle of an orgy good enough?

Re:Not actually squatting

[julesh]

However, IANAL, and but they can probably convince some judge of part (iii) and (iv) below.
[...]
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

The IFPI is not a business. Pirate Bay is not its competitor. This clearly doesn't apply.

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

This is harder. However, the IFPI.com site has a prominent link to IFPI.org along with a disclaimer pointing out that they are not affiliated. Such disclaimers and links have, I believe, been successful in the past at protecting against claims under this term.

I think TPB have a fairly good case to keep the domain.

Re:Pretty Cheesy

[ScrewMaster]

Well, I disagree. An outfit whose sole purpose is to protect intellectual property interests should have been more competent in the IT department, and protected their own domain a little better. They screwed up. Let them take their lumps, just like anyone else that forgets to fork over a few bucks to their registrar.

So, if you're trying to imply that The Pirate Bay hacked into their site and took it over that's just wrong. They got hold of a lapsed domain name and apparently they're using it. The fact that they torqued off the IFPI (not a pleasant bunch to begin with) is just too bad. Furthermore, it's exactly the sort of thing that The Pirate Bay would do ... keep in mind that they have just as much of an agenda as the IFPI and their ilk. Raising awareness of these rather important issues is one of the things that The Pirate Bay likes to do, and this is one hell of a way to do it.

Besides, I think it's hysterical. And I wouldn't be too sure of the WIPO business either.