Slashdot Mirror


ICANN Wants To Change Rules For GTLDs

An anonymous reader writes "The May 10th deadline for comments on the .net registry agreement renewal has arrived with new domain name dispute changes that aid corporations. Instead of UDRP, the new agreement proposes adding the Uniform Rapid Suspension (URS) process to the .net TLD. The URS is a quick $200 process for a trademark holder to disable and take ownership of a domain. URS also reduces the panel size from 1-3 people to a single person. You can still comment on the proposal by sending an email to ICANN (net-agreement-renewal@)."

32 of 127 comments (clear)

  1. Wow... by Anonymous Coward · · Score: 5, Insightful

    So it only takes $200 and a single bribe to take someone's domain. Thats efficiency!

    1. Re:Wow... by pjt33 · · Score: 2

      $200? There must be countries where it's cheaper than that to register a trademark. And since it's a global TLD, there wouldn't be any bias towards accepting US trademarks over Albanian ones, would there?

    2. Re:Wow... by bsDaemon · · Score: 4, Insightful

      I think he means, say we have an American company and an Albanian company. They both own trademarks on "ACME" in their respective countries. The Albanian company gets acme.net first. The American company then comes along and gets the domain hijacked from a perfectly legitimate claim holder and it costs them so little its barely an item in the ledger.

      Also, vice versa, the Albanian company could pull that same maneuver on the American company. Also, what if someone registers a trademark in a foreign country where it's easy to get one. They could then, as a "trademark holder" hijack a domain name that they have their eyes on for whatever purpose.

      Whether that'll actually happen or not, I have no way of knowing. But this whole plan wreaks. I suspect the public comment period is just for show anyway. Not that it matters, as there appear to be so few public comments that they'll have no reason not to proceed.

  2. Awesome by Catnaps · · Score: 4, Insightful

    So now people like Sony can just slap this on, for example, the domain Geohotz was using and it's done- no more website for you. Anti-Sony forum? Bam, shut down. You get my drift. Thanks guys, that's a well thought-out and simply great idea. *facepalm*

    1. Re:Awesome by mldi · · Score: 5, Insightful

      Exactly. Welcome to the new age of creating dummy corporations just to trademark them and seize a certain domain, just because they can or because it'd be vastly cheaper than buying the domain from the owner.

      Thanks guys. Now I can't register shit on .net without running the risk of being taken over by someone claiming a trademark. Makes for solid reliability.

      --
      If you aren't suspicious of your government's actions, you aren't doing your job as a responsible citizen.
    2. Re:Awesome by hoggoth · · Score: 4, Insightful

      > However, this would not prevent something like Geohotz.net from being anti-Sony.

      Sure it would. Behind some closed doors SONY incorporates a new company, say GEO HOT Z vacuum cleaners. Then it pays the $200 fee and takes down Geohotz.net . Done. No warning, no judicial review. Geohotz is gone. Sure they can fight it. Lawyer up buddy!

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    3. Re:Awesome by donotlizard · · Score: 2, Insightful

      Oh no! My glennblech.net domain may be at risk for takeover. I wonder what freedom-fighter Glenn Beck thinks about this.

    4. Re:Awesome by TheRaven64 · · Score: 3, Interesting

      The real problem is that trademarks are limited to a specific field. Two groups can legitimately own the same trademark, just in different fields. For example, Apple Computer owned the Apple trademark in the context of computers, while Apple Corps owned it in the context of music. Under this rule, both would be able to pay their $200 to have the apple.com domain assigned to them. VAX was another example: owned by DEC in the context of computing, and also a vacuum cleaner maker. Which one gets the vax.com domain?

      --
      I am TheRaven on Soylent News
    5. Re:Awesome by HungryHobo · · Score: 3, Interesting

      You're fucked no matter how much right to your domain name you have.

      Nissan Computer Corporation owned by one Mr Uzi Nissan
      http://www.nissan.com/

      Nissan motors sued him, his company and a third company which had nothing to do with their trademark simply because he was a shareholder.(yes nissan motors is that scummy)
      Last I heard it's cost him a million bucks to defend his domain name.

    6. Re:Awesome by bsDaemon · · Score: 2

      I guess because he spent all that money on lawyers he hasn't been able to afford a web designer since 1996?

    7. Re:Awesome by e9th · · Score: 2

      The problem I see is that the "panel" (can it be called a panel if it's only one person?) will most likely have stronger ties to the business community than to, say, /. readers. Even if he's not downright corrupt, I can guess which way his bias will slant, and with a only single hearing officer, the little guy will be all alone.

    8. Re:Awesome by hoggoth · · Score: 2

      There is *ONE* hearing officer doing all of this for every domain and every request.
      One person.
      I'm sure he's going to do all the appropriate due-diligence making sure the complainant is a legitimate company who actually sold some vacuum cleaners. Perhaps even a site visit to be sure.

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
  3. Re:We're doomed by Anonymous Coward · · Score: 3, Insightful

    Big government looking out for big business. The little guy is fu#k@d over.

  4. Thinking of Contacting ICANN? Don't Bother... by damn_registrars · · Score: 2

    They made up their minds some time ago that they will sell gTLDs, and come hell or high water that is what they will do. All the reason and logic in the world won't stop this machine.

    The best you can do is find what will replace this broken registry system, and invest in it. Of course, eventually the ICANN idiots will end up in charge of that, and break it, too.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  5. There appear to be safeguards in URS by Anonymous Coward · · Score: 3, Informative

    If URS really will work the way its described at http://www.newdomains.org/news/New_gTLDs_Uniform_Rapid_Suspension_System_URS, it's not as bad as the summary suggests.

  6. Time to change the whole basis by Skapare · · Score: 2, Interesting

    It's time to change the whole basis of domain trust relationships. Or, in other words, let's try again to establish a completely separate domain infrastructure.

    This is fully possible because there is nothing in the design of the internet protocols that confers power to ICANN and it's corporate teat suckers to own the domain name space. That trust relation exists in a combination of what domain name server each computer chooses to use (in /etc/resolv.conf for Unix/Linux users), and the root zone hints file in the domain name server itself.

    Oh, but wait ... the nay-sayers will argue that this will fragment the internet.

    And I agree, it will fragment the internet. And that's a GOOD THING. Fragmenting the internet would mean we don't have to deal with corporate B.S. so much. This would then be the people's network. Let the corporates and all their loony lawyer types talk to themselves over the corporate network. We don't want to be bound by stupid rules (like trademarks, patents, and copyrights) that give others the power to take even our very thoughts away from us.

    Just start a whole new root zone. Start over with the domain name space. Ban "dot com" entirely (or more precisely, leave "dot com" to the trademark peddlers).

    --
    now we need to go OSS in diesel cars
    1. Re:Time to change the whole basis by bill_mcgonigle · · Score: 2

      Just start a whole new root zone.

      No, roots are proven to be broken, can be taken over, and will attract power/abuse. Figure out something distributed - you've got a whole Internet to work with.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:Time to change the whole basis by dkf · · Score: 2

      Actually, it wouldn't be that hard to implement a new set of root domain servers.

      It's already been tried. Multiple times. For some reason, people by-and-large prefer what we've got now.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  7. Why would you even want to deal with that? by WorBlux · · Score: 2

    Nobody should even think about disabling a domain for trademark claims until or unless a court of law where the trademark was registered issued an order that effect or a finding that the domain was actually violating the trademark. One or even three people working for the TLD or ICANN aren't qualified to interpret and apply trademark law. Arbitrarily re-assigning domains is simply bad for business. Also if the domain is older than the trademark it would not be disabled from claims about that trademark.

  8. Re:Why so many .de domains? by royallthefourth · · Score: 2

    Well yeah, Germany is a rich country and supposedly has always had a love for gadgetry, so it makes perfect sense.

  9. Re:Why so many .de domains? by NevarMore · · Score: 4, Funny

    Why? Germany has a lot of websites for some reason?

    Kinky porn and David Hasselhoff.

  10. Re:Thinking of Contacting ICANN? Don't Bother... by winkydink · · Score: 4, Insightful

    ICANN Stopped being about the common good many years ago.

    The only goal that ICANN has is to make money for ICANN and the registrars that support it.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  11. .NET by Anonymous Coward · · Score: 3, Insightful

    Microsoft should pay the $200 and seize the entire TLD.

  12. ICANN HAZ by Bob+the+Super+Hamste · · Score: 2

    ICANN HAZ YOUR DOMAIN

    --
    Time to offend someone
  13. Re:Why so many .de domains? by Zephyn · · Score: 5, Funny

    it puts the cheeseburger in its mouth

    ICANN has cheeseburger?

  14. Re:Good Thing? by robot256 · · Score: 2

    Perhaps, but using nuclear weapons against squatters, trolls and spammers has some appeal to me, no matter who does it.

    Say that after you find yourself in the house next to the squatter (or the city next to them, for that matter). If we give them a tool to use against "the bad guys" they will simply redefine who "the bad guys" are every time they want to use it. Or do you trust them not to abuse this power in pursuit of their corporate anti-consumer agendas? Have you been paying attention to Sony lately?

  15. Re:goal by TaoPhoenix · · Score: 2

    You almost made me write a new sig, but I'll hold off for now.

    "The only goal that ICANN has is to make money for ICANN and the registrars that support it."

    Let's rework that famous quote:
    "At first I didn't care because I thought it was about a buck for ICANN. Then I discovered the abuse potential but TFA said it was for battling squatters and scammers. I pointed out the potential damage to Your Rights Online but an AC appeared and told me to take off my tinfoil hat. Then the worst case scenario became signed into fact, and it was too late."

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  16. ICANN2 by Maintenance+Goof · · Score: 2

    This is pretty well silly. Trademark is common law, registered, international, national and just about every other sort of monkey court in existence. ICANN may be opening themselves up to some real silly nastiness. The sort of thing they will richly deserve if they go through with this.

  17. Re:Wreaks vs. Reeks by bsDaemon · · Score: 2

    Well, puns being the lowest form of comedy, they are uniquely suited to Slashdot posts.

  18. Read the IRT report, URS is scary by psyclone · · Score: 2

    Have you read parts of the ICANN PDF (second link from this overview page)? Start on page 25, but pay attention to page 29. First, your domains are frozen by the registry, and your registrar is obligated to freeze your whois information. You have two weeks to respond -- hopefully you don't receive email at a frozen domain! Also, hope that the authoritative nameservers any of your domains (URS targeted or not) use are not frozen!

    The UDRP process was more transparent, often used larger panels of arbiters, and domains under complaint were not disabled until the UDRP process was complete. The URS describes some unnamed Third Party provider to process the URS request. Where is the transparency? The provider should be required to be open and publicly post all of the filings, requests, and responses. They should also require multi-person teams to not concentrate so much power in the hands of a single individual. It should be modeled after a judiciary system with checks and balances. I'm not saying UDRP can't be streamlined to process bulk requests and even short the response time, but two weeks is very short- especially if your email is disabled at you must wait for the certified letter.

    URS is a -- claimed to be guilty, freeze your domain, then prove your innocence -- process.

  19. Re:What about squatters? by theskipper · · Score: 2

    That's not squatting.

    What isn't squatting?

    Simply put, squatting is limited to registering vreizon.com then putting up cell phone ads. Wanting cars.com just because you want it, doesn't make the owner a squatter (even if the domain is parked or has no content). Nor is the person who registers a domain, then someone else comes along and files a trademark on the term for UDRP purposes.

    Similar to real estate, domain names are property and operate under the concept of capitalism.

    Domain names are IP not RP. Economically speaking, it is very different from real estate. Real estate is finite, expensive, and owned permanently unless transferred. Domain names are infinite, cheap, and are only available for rent.

    It seems like almost every English dictionary word is registered as a domain right now. Any domain that expires is immediately snatched up by squatters. This is an unfortunate problem.

    I was speaking in terms of how the courts view domains:
    http://news.cnet.com/2100-1023-223597.html

    More recently, where all this is headed:
    http://www.domainnamenews.com/legal-issues/are-domain-names-considered-property-or-not/2917

    Btw, you can do the same as the "squatters". Just go to namejet.com or snapnames.com and bid for the names you want. There's nothing magical about the process, when a name drops it goes into auction. If it's a good name then expect to pay many thousands of dollars to outbid the others that want it. Doesn't get more fair than that.

    And even if you applied for a trademark after the fact, (theoretically) it holds no water in the UDRP process.

    The UDRP process is almost exclusively based on trademarks. While I'm not aware of any specific cases, it seems unlikely that a trademark holder would be denied the right to a domain against a squatter who had no trademark at all.

    For reference, scan through dnw.com sometime (not my site). UDRPs are denied all the time because the claimant registers a trademark on a term, then tries to hijack the exact match domain from someone who registered the domain name earlier. As a matter of fact, there is a penalty for such behavior called 'reverse domain name hijacking'. Unfortunately it's not enforced enough.

    Domains are valuable. If you want to direct your frustration at anyone, direct it at the corps and deep pockets that are trying to corrupt the whole process. If you own a good name you're automatically a target for defending it. And all the costs associated with the defense.

  20. Re:We're doomed by dakameleon · · Score: 3, Insightful

    The little guy was always fucked over. You're just hearing about it these days because they don't worry about hiding it.

    --
    Man who leaps off cliff jumps to conclusion.