Slashdot Mirror


Porn-Industry Outsiders Fear 'Shakedown' In .XXX TLD

The long-debated .XXX top-level domain opens this week; reader SonicSpike sends a snippet from the Washington Times about what may turn into a hornet's nest of anger at how the new domain is being used: "Some adult-entertainment companies are balking at the entire scheme, saying that ICM Registry LLC, which is overseeing .xxx registrations worldwide, does not have permission to sell the .xxx version of trademarked names and brands. In addition, the Florida-based company is raising eyebrows — and charges of 'shakedown' — by trying to get non-porn companies to pay to prevent their brands from being registered as .xxx sites. After all, what maker of baby food or children's movies, for example, would want to have sites such as gerber.xxx or disney.xxx floating around the Internet?"

245 comments

  1. Welcome to capitalism by Anonymous Coward · · Score: 2, Insightful

    We hope you enjoy your stay.

    1. Re:Welcome to capitalism by Grishnakh · · Score: 5, Interesting

      No, it's more like, "Welcome to Florida". The level of corruption in this state is unbelievable. Lawyers mismanaging senior citizen trust funds is rampant in Florida, and there's absolutely nothing that family members can do about it. Any time a lawyer gets a hold of a senior citizens' funds because that person is incapacitated, the lawyer immediately makes up all kinds of bogus legal fees and charges them to the person's account, draining their funds in a matter of months. It's impossible to file a Bar complaint, because that will cause the lawyers to sue the complainant, and the Bar tells that to anyone who calls them to file a complaint about an attorney.

      This kind of corruption is nothing new in the USA, but it's raised to an absurd level in Florida. Apparently, a lot of people are so mad about it that they're going to stage an event where they fly planes with banners protesting the state of affairs over the county court houses all across the state, at the same time.

    2. Re:Welcome to capitalism by Anonymous Coward · · Score: 0

      Fraud is the term to use and criminal prosecution the way to do some reaping. Of course, if the lawyer sues in the case of the Bar complaint the counter demand is legal fees plus the money embezzled with interests. Of course, the court which assigned the lawyer should be the place to deliver the complaint in the first place.

    3. Re:Welcome to capitalism by Grishnakh · · Score: 4, Interesting

      Won't work. You can't effectively defend against a lawsuit by an attorney, because you won't find another attorney to take your case, or if you do, he won't do his job, he'll just give you bills but not actually do the work because he's really on the other guy's side. Lawyers ALWAYS cover for each other. And don't forget, the Judge in the case will be the golfing buddy of the lawyer you're suing, so he'll never rule for you anyway.

      One rule about lawyers: lawyers never sue each other.

    4. Re:Welcome to capitalism by Anonymous Coward · · Score: 0

      They already disbarred Jack Thompson, so it can't be all bad... wait, they let him carry on in the first place. Let's torch the fuckers.

    5. Re:Welcome to capitalism by Anonymous Coward · · Score: 0

      Guns. Lots and lots of guns. And rape.

    6. Re:Welcome to capitalism by Anonymous Coward · · Score: 0

      fantastic waste of money...

    7. Re:Welcome to capitalism by Anonymous Coward · · Score: 1

      Oh shut up. It's under capitalism that you have the concept of intellectual property rights to protect against things like "disney.xxx" shakedowns.

    8. Re:Welcome to capitalism by Digital+Vomit · · Score: 1

      It's under capitalism that you have the concept of intellectual property rights

      Um, intellectual property rights -- specifically patents and copyright -- are inherently anti-capitalistic.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    9. Re:Welcome to capitalism by tehcyder · · Score: 2

      Won't work. You can't effectively defend against a lawsuit by an attorney, because you won't find another attorney to take your case, or if you do, he won't do his job, he'll just give you bills but not actually do the work because he's really on the other guy's side. Lawyers ALWAYS cover for each other. And don't forget, the Judge in the case will be the golfing buddy of the lawyer you're suing, so he'll never rule for you anyway.

      One rule about lawyers: lawyers never sue each other.

      Plenty of lawyers would sue their own children or parents if there was any chance of getting money out of it, I don't think they'd balk at diddling a fellow shark.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    10. Re:Welcome to capitalism by idontgno · · Score: 1

      I dunno. Unless you have some historical citations, I've never seen intellectual property specifically excluded from the category of "means of production". Since all ownership is a legal fiction, the statement "intellectual property rights are anti-capitalistic" seems pretty much just dogma (i.e., espousing philosophy as objective fact when not supported by reality).

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    11. Re:Welcome to capitalism by Anonymous Coward · · Score: 0

      Uh, no. I know this is slashdot, where people tend to just make things up or assume that others know what their talking about, but "capitalism" doesn't have to mean total anarchy in the markets. http://en.wikipedia.org/wiki/Capitalism

    12. Re:Welcome to capitalism by Anonymous Coward · · Score: 0

      He got disbarred for pissing off other lawyers. Not for anything he did to the public. He didn't show respect for judges or opposing council.

    13. Re:Welcome to capitalism by Rich0 · · Score: 1

      Yup - the opposing layer also can just file his suit pro se, and you have to take off time from work to try to go toe-to-toe with a lawyer. He can make your life miserable with delaying tactics/etc if you are paying consel.

      Oh, and if you win you can't sue for the time you lost fighting the case. The only time that a court assigns value to is the time of a lawyer. It wouldn't surprise me that if you lose that the lawyer on the other side COULD charge you for his time.

      The whole system is designed to ruin small people - you don't need to lose a case to lose your shirt.

    14. Re:Welcome to capitalism by tehcyder · · Score: 1

      Um, intellectual property rights -- specifically patents and copyright -- are inherently anti-capitalistic.

      No, because intellectual property rights give greater power to those with money who can afford to enforce them, and who can influence law-makers to pass the laws in the first place.. Capitalism is a power structure under which the more money/capital you have, the greater your power..

      The rose-tinted concept of "free-market capitalism" where everyone competes on a level playing field is an absurd fiction created by those with money and power to try to further brainwash the masses into accepting that the only morality is that greed is good.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    15. Re:Welcome to capitalism by cffrost · · Score: 1

      Lawyers mismanaging senior citizen trust funds is rampant in Florida, and there's absolutely nothing that family members can do about it.

      Well, seniors could not move to Florida, no? Is there an unwritten rule that hordes of seniors must move to Florida?

      What's the attraction, anyway? Don't tell me it's the weather... Anyone with a desire to experience Floridian weather can just hang out in the bathroom wearing big boxy sunglasses with a couple 500W halogen shop lamps and the shower running hot water full-blast.

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
    16. Re:Welcome to capitalism by Grishnakh · · Score: 1

      Well, seniors could not move to Florida, no? Is there an unwritten rule that hordes of seniors must move to Florida?

      Nice of you to blame the victim. What an asshole.

      They move there and live there for a while, but after a few decades, when they're at death's door, they're so feeble and of unsound mind that they can't take care of themselves any more. In come the lawyers to set up a trust fund and manage their money, by spending it all on legal fees.

      What's the attraction, anyway? Don't tell me it's the weather... Anyone with a desire to experience Floridian weather can just hang out in the bathroom wearing big boxy sunglasses with a couple 500W halogen shop lamps and the shower running hot water full-blast.

      Again you sound like a total asshole. Old people like warm weather because their circulatory systems suck, and they feel cold all the time.

    17. Re:Welcome to capitalism by cffrost · · Score: 1

      Again you sound like a total asshole. Old people like warm weather because their circulatory systems suck, and they feel cold all the time.

      I'm sorry; as person who takes ageism seriously, that was not my intention. Please forgive my ignorance of these specifics.

      I was not trying to blame the victim (as you claimed); rather, I am perplexed as to why vast numbers of would-be victims would congregate in a state that perpetrates the pattern of abuse you described. It seems to me that the cooler climate of Georgia (for example,) would provide a net-positive trade-off. (Please note that I'm only discussing people who move into Florida post-retirement).

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
    18. Re:Welcome to capitalism by Grishnakh · · Score: 1

      I imagine that this problem isn't widely publicized; seriously, how often do you hear about this? I only know about it because I know people who are going through it. It's not exactly something that's on the nightly national news. The Florida attorneys and politicians (who are all corrupt and in bed with each other) are keeping it quiet; they don't want anyone messing up their little racket.

      Also, I doubt it's that much better anywhere else. I've heard of this kind of thing since I was a kid. It's probably more rampant in Florida simply because there's so many retirees there, but it goes on anywhere there's retired people. It's not just Florida attorneys that are sociopathic bastards; most lawyers are like this. Evil people with criminal intentions and who are intelligent gravitate towards this profession because knowing the law so well lets them commit very profitable crimes with near-impunity, unlike other criminals. And the most evil of them will gravitate towards the types of legal practice where they can more easily swindle people, because it's more profitable than, say, criminal defense (most criminals don't have O.J.'s financial resources). Simply moving to Georgia isn't going to land you around attorneys with a conscience.

      Besides, it's not just Florida with lots of retirees; they congregate in warmer climates everywhere. We have tons of them in Arizona, for instance; we even have whole cities where you have to be 55+ to buy a house there (e.g. Sun City).

  2. Disney.xxx ? isnt there already such a site ? by unity100 · · Score: 1, Troll

    as 'disney.com' ? the porn that goes in there is totally different than the regular porn tho - they are fucking children's minds. still, its xxx in another sense.

    1. Re:Disney.xxx ? isnt there already such a site ? by c9brown · · Score: 0

      Next time you make a bold claim you might try substantiating it with evidence or even just the specific bullet points that form your argument. Otherwise you sound like that dude who roams the streets yelling out 'THE GOVERNMENT!'.

    2. Re:Disney.xxx ? isnt there already such a site ? by betterunixthanunix · · Score: 4, Insightful

      Disney does wield an enormous amount of power over our culture. Think about the millions of children who grow up watching Disney films, which represent a particular set of values and ideals that are being drilled into the heads of those children. Whether or not this is comparable for pornography is another issue entirely, but it is not as if there is nothing to the argument that Disney is indoctrinating children into a particular culture (nor is it a stretch to think that Disney is subtly using this power to its advantage).

      --
      Palm trees and 8
    3. Re:Disney.xxx ? isnt there already such a site ? by AndrewNeo · · Score: 2

      Not to mention power over copyright.

    4. Re:Disney.xxx ? isnt there already such a site ? by Anonymous Coward · · Score: 0

      well there is an entire subculture of fetishists who have their women dress up in the elaborate type costumes that disney females wear.

    5. Re:Disney.xxx ? isnt there already such a site ? by schnikies79 · · Score: 1

      I'm not an animal-rights activist, but to say that animals have no feelings and do not feel pain? There is quite a bit of scientific evidence for that, and little against it, at least when it comes to mammals. Whether they feel it the exactly the same as we do is irrelevant.

      You need to brush up a bit.

      --
      Gone!
    6. Re:Disney.xxx ? isnt there already such a site ? by c9brown · · Score: 1

      I didn't say there could be nothing to this argument. I just said there was nothing in his specific claim because he provided no substantiation. Furthermore, the statement "Disney does wield an enormous amount of power over our culture" is very different from the statement "they are fucking children's minds". The point is that unless one delves into the details of what one is trying to convey, at least a little bit, then one isn't saying much at all, and no one else should listen. Especially when it comes to bold, sweeping claims.

    7. Re:Disney.xxx ? isnt there already such a site ? by scottbomb · · Score: 1

      Hmmm... lessee...

      Server not found
      Firefox can't find the server at www.disney.xxx.

      Apparently not... yet.

    8. Re:Disney.xxx ? isnt there already such a site ? by Migraineman · · Score: 1
    9. Re:Disney.xxx ? isnt there already such a site ? by Anonymous Coward · · Score: 0

      Google Disney and subliminal. Break out your old Disney VHS cassettes.

    10. Re:Disney.xxx ? isnt there already such a site ? by Vegeta99 · · Score: 2

      Anyone who thinks animals don't have feelings or the ability to perceive pain either haven't spent enough time with animals, are terrified of them, or have autism. Seriously. Have you never stepped on a cat's tail? Not only will it react in pain - much as a human would if you stepped on them - it will likely hold it against you. Dogs are practically ruled by their emotions. In fact, us humans borrow their reactions to describe emotions - one who is beaten walks away with their tail between their legs. My buddy had a dog with anger issues for no particular reason, and he was treated with an antidepressant. My dog is visibly upset when a human family member leaves the house, and I've seen him give up eating for days, lethargic because he was depressed when a house member died - a cat.

      And it's not anthropomorphism either. Us humans are certainly not unique for our emotions, we're unique for our ability to reason past them. The cat in question stares with the same look of revenge that a person would until you're dumb enough to look away. There's no hiding his emotions when he bites the fuck out of your calf. The damn dog lies by the missing person's door, face under his paws. When someone walks by, he'll look up, face still under his paws, make eye contact, and make a big sigh. What the hell do you call that?

      Sure as hell, the grandparent is right and animals sure don't talk like people. But if you cannot communicate with an animal, you're a dolt. Seriously. They're not mythical creatures. Like zombies in a B horror movie, they're EVERYWHERE. Back here in the real world, they're more useful.

    11. Re:Disney.xxx ? isnt there already such a site ? by mug+funky · · Score: 1

      as a parent, i'm going to be watching what my kid watches. and try to limit the amount of TV they watch in the first place.

      if you let TV raise your kids, then you reap what you sow. and Disney's nowhere near as bad as most of the shit that gets broadcast.

      i may backflip when my kid gets old enough to nag me for stuff.

    12. Re:Disney.xxx ? isnt there already such a site ? by mug+funky · · Score: 1

      it's impossible to know another person's pain, let alone another being.

      it's just a call that no real scientist is willing to make on anything that has the capacity to react at all to it's environment.

      T-800: "I sense injuries. The data could be called pain."

    13. Re:Disney.xxx ? isnt there already such a site ? by Anonymous Coward · · Score: 0

      Naw, disney taught me elephants don't feel pain. They're made of rubber.

    14. Re:Disney.xxx ? isnt there already such a site ? by Anonymous Coward · · Score: 0

      You are completely useless.

    15. Re:Disney.xxx ? isnt there already such a site ? by Quiet_Desperation · · Score: 1

      Otherwise you sound like that dude who roams the streets yelling out 'THE GOVERNMENT!'.

      Hey! I work hard at that!

    16. Re:Disney.xxx ? isnt there already such a site ? by GameboyRMH · · Score: 1

      Seriously. Have you never stepped on a cat's tail? Not only will it react in pain - much as a human would if you stepped on them - it will likely hold it against you.

      I give kitteh cuddles to say sorry, then there's no hard feelings ^_^

      I'm no animal rights activist. Cats eat mice (one of my cats eats them whole 8-| ) and I eat fish and chicken and cows. I'm not dumb or fucked up enough to say that something's inherently wrong with the fact that we're omnivores. But people who think that animals don't feel pain or have emotions, or that all non-human animals are non-sentient...that's fucked up.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    17. Re:Disney.xxx ? isnt there already such a site ? by tehcyder · · Score: 1

      Think about all the animal-rights activists who think animals are conscious and feel emotions and pain like we do despite no scientific evidence for that (and quite a bit of evidence against that). They're like that because Disney told them animals talk like people.

      It would be somewhat surprising if animals felt no pain, it would make their nervous systems a bit pointless.

      Concepts like thepossession of self-awareness or consciousness and whether animals feel emotions are difficult to prove either way, as you cannot even do so for humans.

      And the idea that animal rights activists are Disney fans is just ludicrous, I imagine they hate Disney even more than the average slashdotter for their sentimental anthropomorphisation.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    18. Re:Disney.xxx ? isnt there already such a site ? by tehcyder · · Score: 1

      Seriously. Have you never stepped on a cat's tail? Not only will it react in pain - much as a human would if you stepped on them - it will likely hold it against you.

      I give kitteh cuddles to say sorry, then there's no hard feelings ^_^

      I find a can of tuna usually helps them forgive you.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  3. Gerber.xxx? by fuzzyfuzzyfungus · · Score: 4, Funny

    Does Gerber have any idea what big appetites adult-baby fetishists must have? Ka-ching!

    1. Re:Gerber.xxx? by betterunixthanunix · · Score: 1, Insightful

      Not nearly enough money there to offset the loss of business from social conservatives boycotting Gerber. Pornography is still frowned upon in America, and there are vast swaths of the country where the 1950s sentiments about pornography and family values are not a thing of the past. People still believe that pornography turns men into rapists and child molesters, and you can bet that Gerber does not want anyone to associate their corporate image with that sort of thing, even if there are a minority of people who have an adult-baby fetish.

      --
      Palm trees and 8
    2. Re:Gerber.xxx? by Discopete · · Score: 1

      Not nearly enough money there to offset the loss of business from social conservatives boycotting Gerber.

      Which is why the lawsuit damage amount will be staggering. Same with disney.xxx. These companies can bring millions of dollars in legal muscle to bear when it comes to protecting their names and IP. Just the 'goodwill' & defamation of company character amounts will be huge.

    3. Re:Gerber.xxx? by Anonymous Coward · · Score: 0

      Time to found the TMAW, that is, Trade Mark Association of The World. Just think about the possibilities for charging hours from everybody!

    4. Re:Gerber.xxx? by Anonymous Coward · · Score: 0

      Does Gerber have any idea what big appetites adult-baby fetishists must have? Ka-ching!

      I'm almost positive that this was a joke...

  4. No publicity is bad publicity by Ironchew · · Score: 1

    After all, what maker of baby food or children's movies, for example, would want to have sites such as gerber.xxx or disney.xxx floating around the Internet?

    They could spin it advantageously in the end...somehow.

    1. Re:No publicity is bad publicity by TheCycoONE · · Score: 1

      By making it a porn site themselves, ala PETA and reap the profits. After all it promotes ... baby nutrition.

    2. Re:No publicity is bad publicity by Oxford_Comma_Lover · · Score: 1

      PETA was not well-looked-on by the courts. Imagine how this company will be considered.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    3. Re:No publicity is bad publicity by Anonymous Coward · · Score: 0

      I don't think I want to see the contents of a peta.xxx site without bleach handy.

    4. Re:No publicity is bad publicity by Anonymous Coward · · Score: 0

      Peta from Sun's Page 3 should be allowed to register peta.xxx

    5. Re:No publicity is bad publicity by GameboyRMH · · Score: 1

      To be fair, somehow all those PETA promotions that involve nude actresses don't affect my opinions on eating meat at all. In fact I often forget that I'm looking at a PETA ad.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  5. His is this any different from other TLDs? by msobkow · · Score: 4, Insightful

    I don't see how this is any different than worryabout trademark registrations for .edu, .net, .org, or the country code TLDs.

    If you really want to protect your trademark, you have to register an awful lot of TLDs just to cover one variation on a name.

    Fortunately the convention seems to be that whoever registers for a .com, first implicily has the rights to that name in other .TLDs.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:His is this any different from other TLDs? by fuzzyfuzzyfungus · · Score: 4, Insightful

      It isn't fundamentally different(which is, in large part, why those horrible 'arbitrary-string TLD' people must die); but I suspect that .xxx is slightly worse than some, in that(unlike .net) it is largely useless to 'mainstream' trademark holders except on defence, and (unlike .edu) there aren't substantial restrictions on who can register for .xxxes, and, (unlike weirdo country-code TLDs) .xxx is likely to be more recognizable than the obscure ones; but not useful for subsidiaries/marketing in the major-market ones. Just a pure shakedown.

    2. Re:His is this any different from other TLDs? by Trepidity · · Score: 4, Insightful

      It's similar in a way, and they already have been trying to push that (all the registrars nag, sometimes insistently, about registering variants). At first glance this raises the stakes by putting forth the possibility of someone not only squatting on a variant of your name, but an "unsavory" version of it. disney.info is squatting, but disney.xxx maybe would damage the brand. Like if there were a .felon domain name and someone registered your full name dot felon or something.

      On the other hand, it's long been possible to convert a non-offensive domain name into an offensive domain-squat by just putting up unsavory content on the domain, like in the ol' whitehouse.gov/whitehouse.com thing.

    3. Re:His is this any different from other TLDs? by interkin3tic · · Score: 2

      Fortunately the convention seems to be that whoever registers for a .com, first implicily has the rights to that name in other

      Also fortunately, very few people would actually care if gerber.xxx was a porn site. For a long time whitehouse.com was a porn site. Was good for a laugh, but it wasn't like people were outraged thinking that Bush or Clinton or whoever was in the office at the time was filming all those lesbo scenes. How many people are going to type in gerber.xxx, get porn or viruses, and stop buying baby food?

    4. Re:His is this any different from other TLDs? by nurb432 · · Score: 2

      its no different, just an extension of the same scam.

      I still remember when the top level names actually meant something.. ( and i think was enforced, or at least it seemed to be back then )

      Someone like Microsoft wouldn't be allowed to register a .org, or .net.. Now its a free for all, and forcing companies to take preemptive steps and forking out the cash. ( for a large company its not a lot of cash, but its still wrong.. and for a smaller company it can add up. )

      The entire name system is a total disaster at this point.

      --
      ---- Booth was a patriot ----
    5. Re:His is this any different from other TLDs? by Anne+Thwacks · · Score: 2

      I dont know about .felon, but just imagine the fun of trying to sell .scam to a Nigerian prince or two! (and registering .scum domains for a few banks as well)

      --
      Sent from my ASR33 using ASCII
    6. Re:His is this any different from other TLDs? by tomhudson · · Score: 1

      Just get the .com, .org, and .net, and ignore the rest. It's not like you'll get .edu, .mil, .gov or .arpa (the other 4 original TLDs), and the country-specific ones are worth less in terms of "where to go first" than having the canonical "Big Three."

    7. Re:His is this any different from other TLDs? by martin-boundary · · Score: 4, Interesting
      Hold on a second. Just who is domain squatting whom in disney.xxx? I get that a corporation like Disney feels that wherever their name appears it somehow means that they own it, but to be fair, .xxx is intended to convey information to *us, the web surfing public* that we can and should expect pornographic material.

      As such, if disney.xxx is reserved for Disney, *they* are the ones squatting on a potentially legitimate pornographic website. That's wrong, and shouldn't be encouraged. After all, xxx isn't intended for them in the first place, and they certainly have no intention of using the domain appropriately for the TLD's purpose.

    8. Re:His is this any different from other TLDs? by Culture20 · · Score: 1

      If it works, maybe they'll make a .goatse TLD to do another shakedown.

    9. Re:His is this any different from other TLDs? by cfulmer · · Score: 2

      If you really want to protect your trademark, you have to register an awful lot of TLDs just to cover one variation on a name.

      That's really a silly approach to trying to protect your trademark -- even with the top-level domains currently out there, there are just too many variations. Why is disney.xxx a big deal when they haven't registered disneyxxx.com or disney-xxx.com?

      If disney.xxx pops up, then Disney can file a UDRP complaint or a civil suit and get the domain taken down pretty quickly.

      Fortunately the convention seems to be that whoever registers for a .com, first implicily has the rights to that name in other .TLDs.

      That is certainly not true. Registering the .com does not give you rights to any others.

    10. Re:His is this any different from other TLDs? by Ihmhi · · Score: 4, Insightful

      Easy answer. A domain squatter is someone who owns a domain and doesn't have nearly as much money as the person who wants it.

    11. Re:His is this any different from other TLDs? by Grishnakh · · Score: 4, Insightful

      Exactly. Remember mikerowesoft.com? The guy's name was Mike Rowe, and he had a software company. He had every right to that domain name and company name, but Microsoft forced him to give it up.

    12. Re:His is this any different from other TLDs? by Culture20 · · Score: 1

      Advertisements are usually about making a positive emotional association with a brand. Anything that makes a negative emotional association is bad and to be avoided. If 0.1% of moms stop buying Gerber because they were sent a link to gerber.xxx in an email, and only remember the "bad feeling" about that, it's still lost sales.

    13. Re:His is this any different from other TLDs? by ShakaUVM · · Score: 2

      >>Just a pure shakedown.

      If only the ICANN had done a request for comments from the public, maybe these problems could have been identified in advance.

      Oh, wait, they did.

      It was a terrible idea then, and a terrible idea now, which got rejected repeatedly, until a bunch of money got dangled in front of their face.

    14. Re:His is this any different from other TLDs? by ArundelCastle · · Score: 1

      I like you. This is my point as well. Maybe I slept that day in marketing class, but how does the public really distinguish the brand trust between disney.xxx and disneyxxx.com? It's going to take a while before the average joe thinks "whatever.xxx" is actually a website. Google is going to be doing most of the work for the first year, as people search "whatever xxx" and end up at ://whatever.xxx/ first click.

      As such, if disney.xxx is reserved for Disney, *they* are the ones squatting on a potentially legitimate pornographic website. That's wrong, and shouldn't be encouraged. After all, xxx isn't intended for them in the first place, and they certainly have no intention of using the domain appropriately for the TLD's purpose.

      You win devil's advocate points, but are still morally bankrupt. ;) The idea of a "legitimate pornographic website" is a contradiction in terms for anyone who cares to be bothered by such things. The public is not actually going to care who's job it is (not themselves!!!) to make sure ://disney.xxx/ is never seen by them or their children, but the first people they will complain to about it existing is disney.com.
      It's in the corp's best interest to squat, cockblock, whatever you wish to call it, because it is not in ICM's best interest to say "that's too family-friendly a name to allow". Remember these cost $210 a pop for starters at GoDaddy, and $200 for the Sunrise B 10-year block extortion fee. That part you said "shouldn't be encouraged"? It already has an application form. The difference is a block works out to $20/year, and the registration will be $100/year. So it's more "protection money" really. ;-) I think Capone would have loved the internet.

    15. Re:His is this any different from other TLDs? by smartr · · Score: 1

      I'm sure the holders of trademarks will really like having a cheap obvious porno parody site where all you have to do is change dot com to dot xxx. MyLittlePony.xxx... It's way too obvious of a thing. Basically the .xxx domain sounds like an excuse to have a massive shakedown of companies.

    16. Re:His is this any different from other TLDs? by mabhatter654 · · Score: 1

      The porn site would be a LIE!

      I didn't get hot lesbian sex... I got BABIES... now those Gerber folks got me for the next 3+ years. It's some kind of ensnarement to get more business.

      (although Gerber should go after the 65+ crowd..it's bigger than the under 5 club. Gotta gum day food.)

    17. Re:His is this any different from other TLDs? by Anonymous Coward · · Score: 0

      .xxx is intended to convey information to *us, the web surfing public* that we can and should expect pornographic material.

      Really? Wouldn't .porn be clearer in that case?.

    18. Re:His is this any different from other TLDs? by snowgirl · · Score: 1

      Exactly. Remember mikerowesoft.com? The guy's name was Mike Rowe, and he had a software company. He had every right to that domain name and company name, but Microsoft forced him to give it up.

      He did walk away with Microsoft paying all his legal fees, moving him to a new site, a subscription to the Microsoft Developer Network, an all-expenses paid trip for his family and him to visit the Microsoft Research Tech Fest , training for Microsoft certification, and an XBox with a ton of games (likely all of the games that Microsoft was publisher/producer for... hell, they're only about $15 in the company store anyways). And with all his legal fees paid off, his legal fund that he had collected was donated and turned into education money...

      I almost don't call that "forced" to give anything up. It sounds like a perfectly reasonable (and perhaps overly generous from Microsoft) exchange for changing his website's name...

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    19. Re:His is this any different from other TLDs? by nstlgc · · Score: 1

      Microsoft didn't "force" him as much as Mike Row "agreed" to transfer the domain name in return for an Xbox.

      --
      I'm Rocco. I'm the +5 Funny man.
    20. Re:His is this any different from other TLDs? by Miamicanes · · Score: 1

      In all likelihood, for most companies it's cheaper to just have a bright staff member recognize the risk and register the .xxx domain than to have the legal department go through the expense of filing a UDRP and dealing with the follow-up work.

    21. Re:His is this any different from other TLDs? by GameboyRMH · · Score: 1

      Maybe Disney could open an online store selling official "disney hentai" XD

      Now, Ursula as a tentacle rape monster...that's gonna be some weird shit...

      And the site will be loaded with Furry stuff too...

      You know what, maybe Disney has a point.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    22. Re:His is this any different from other TLDs? by GameboyRMH · · Score: 1

      That's why companies are now registering nonsense names like Kijiji and Kudzu (that would have been a good name for Facebook, named after a fast-growing destructive weed) and Kayak (surprised that was available, but that's a travel booking site - nothing to do with kayaks). Even things like Craigslist and Angie's List probably won't be available for long, now that the format has become accepted some parasitic shitsack out there is probably registering [name][s?]list for every common English name (and reasonably pronounceable foreign name) out there.

      Remember when there was a big stir that someone had registered the domain name for a flight that crashed? Just some greedhead who registered everything from flight001.com to flight999.com. Hope he dies in debt.

      Futurama's joke about Popplers and Zitzzers being the only two available names left is almost reality.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    23. Re:His is this any different from other TLDs? by cfulmer · · Score: 1

      The problem, though, is that it's not just one domain -- there's a multiplying effect. How many web properties does Disney have? Dozens, at least. And each of those have dozens of potential variants. Covering them all starts to cost a lot of money. And with ICANN opening up the gTLD namespace, that could end up being a LOT of money.

      Does squatting on somebody else's domain even make economic sense any more? I don't see how somebody searching for the Disney website comes across disney.xxx unless that was what they really wanted.

    24. Re:His is this any different from other TLDs? by Anonymus · · Score: 1

      Yeah, just like a guy who takes a plea bargain for 5 years when facing life in prison isn't -forced- to take it. It's just, if he doesn't, he's going to lose anyway, and his life is going to be much more shitty.

    25. Re:His is this any different from other TLDs? by tehcyder · · Score: 1

      Wouldn't the easiest solution be to do away with TLDs entirely? They serve no important and almost no useful purpose .

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  6. Its already agaisnt the law by Stan92057 · · Score: 2

    Its already against the law to make adult web sites with names to fool children. So making a Disney.xxx is already against the law. But since criminals break laws I'm sure someone will give it a try.As far as the other stuff well they have no one to blame but themselves. They were given the opportunity to self regulate and they failed very badly.

    --
    Jack of all trades,master of none
    1. Re:Its already agaisnt the law by Anonymous Coward · · Score: 2, Interesting

      against the law where ? there are 192 countries on this planet

    2. Re:Its already agaisnt the law by dgatwood · · Score: 1

      Why would Disney.xxx be against the law? No child is accidentally going to go to Disney.xxx when they think they're going to Disney.com. They're going to have a little link on their bookmark bar to Disney.com. They would have to actually try if they wanted to get to Disney.xxx. And further, there's no possibility that a porn site would ever get confused with Disney, the children's programming company. No confusion, no trademark infringement. About the only thing that might make it dubious is the "famous brand" bit in U.S. trademark law. However, even then, it could easily be a descriptive use of the mark (e.g. NudeDisneyStarlets.xxx), which is pretty close to airtight.

      Besides, I think having a Disney.xxx would arguably be a good thing. Then there would be a single company that they could sue every time some Disney starlet goes bad and makes a sex tape, sends nude pictures of herself to her now-ex boyfriend, or flashes a tour bus while coked up and drunk instead of having that content spread across dozens of individual pornography sites....

      Or not. Either way, I question that trademarks are as strong as you think they are.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:Its already agaisnt the law by gnapster · · Score: 1

      ...I question that trademarks are as strong as you think they are.

      If the registry for .xxx is based in Florida (the same state as several major Disney parks), I guarantee you that their trademark is much, much stronger than you think it is.

    4. Re:Its already agaisnt the law by Anonymous Coward · · Score: 0

      probably according to "Stan" there is only herp-derp THE GOOD OL' U-S-OF-A herp-derp

    5. Re:Its already agaisnt the law by sjames · · Score: 1

      Not necessarily. By including .xxx in the domain, they are explicitly (pun intended) conveying that they are NOT a site for children. Further, they are making it quite simple for a responsible parent to block their child's access to their content.

      If the domain was picturesofdisney.com and "Disney" turned out to be a stripper, you'd have a point.

  7. This has already been discussed by Kral_Blbec · · Score: 2, Informative

    There is a clause that allows companies to register their own trademark domain for a steep discount if they don't intend to use it for adult content. A couple hundred bucks to a mega corp isn't a shakedown.

    1. Re:This has already been discussed by characterZer0 · · Score: 5, Insightful

      A couple hundred bucks so something bad does not happen to you (wink wink) is a shakedown, regardless of how much money the shakee has.

      --
      Go green: turn off your refrigerator.
    2. Re:This has already been discussed by gstrickler · · Score: 5, Insightful

      If a trademark owner has to pay again each year to prevent their registered trademark from being used in each TLD, that sounds like a "protection racket" to me. And when they keep adding new TLDs, the cost and effort keeps rising each year. I don't know what the solution is, but the current system definitely resembles "paying for protection".

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    3. Re:This has already been discussed by SuricouRaven · · Score: 1

      That would be a couple of hundred bucks with renewal (Either annual or three-year I imagine). Still nothing to a megacorp, yes. But to a small business or a startup, that can be significent.

    4. Re:This has already been discussed by nurb432 · · Score: 1

      Ok, ill give you that on the huge companies out there, but what about a mom and pop shop that barley makes a living selling their home made widgets? Why should they have to defend themselves, in effect?

      $200 for .xxx $200 for .net, info, biz, bla bla bla.... ( and the time spent maintaining it all ) It does add up after a while.

      --
      ---- Booth was a patriot ----
    5. Re:This has already been discussed by Endovior · · Score: 1

      Ok, ill give you that on the huge companies out there, but what about a mom and pop shop that barley makes a living selling their home made widgets? Why should they have to defend themselves, in effect?

      $200 for .xxx $200 for .net, info, biz, bla bla bla.... ( and the time spent maintaining it all ) It does add up after a while.

      By the same token, nobody's going to make any money going after an obscure mom and pop like that... simply because they're obscure. Maybe some fraudster might be able to pull something like that, given sufficient SEO investment... but really, why bother?

    6. Re:This has already been discussed by Anonymous Coward · · Score: 0

      But to a small business, who cares. If you're a small business you can register JoesPlumbing.com and that's your domain name. If someone else wants to register JoesPlumbing.net, they should be allowed. That's supposedly the whole point of having new TLDs, because people complained we were running out of good ones in .com.

      No one is likely to register JoesPlumbing.xxx, and none of Joe's customers are going to go there

    7. Re:This has already been discussed by Kalriath · · Score: 1

      There is no renewal. The $200 fee (if your application is approved) results in a permanent, irrevocable, blacklist of that name. Even YOU cannot use the .xxx name if you successfully get it blacklisted.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    8. Re:This has already been discussed by snookums · · Score: 1

      If a trademark owner has to pay again each year to prevent their registered trademark from being used in each TLD, that sounds like a "protection racket" to me. And when they keep adding new TLDs, the cost and effort keeps rising each year. I don't know what the solution is, but the current system definitely resembles "paying for protection".

      The solution is arbitrary, non-exclusive, TLDs.

      If there is a (potentially) infinite number of TLDs then these land-grabs and protection rackets become impossible. Just like how, the .com namespace right now, you cannot defensively buy every variation of insult couple with your brand. You might grab mybrand-sucks.com, and boycott-mybrand.com, but you miss mybrands-mother-was-a-hamster.com and all the rest. You wait and reactively fight these kinds of things with court injunctions when they become troublesome.

      --
      Be careful. People in masks cannot be trusted.
    9. Re:This has already been discussed by gstrickler · · Score: 1

      While that's marginally than having to renew every year, it's still a $200 fee (plus accounting costs and the time to file the paperwork) that they don't have to pay now. And they'll face the same issue with each new gTLD. Still looks a lot like a protection racket.

      And taking it permanently out of use might make sense for some brands/trademarks, but for others, that could be a problem. If the company who owns a trademark goes out of business, or stops using it and eventually stops renewing the trademark when it's no longer useful to them, it should be available to others.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    10. Re:This has already been discussed by Anonymous Coward · · Score: 0

      Given that the reasonable restrictions limiting the creation of new TLDs are gone, they can and will proliferate. There used to be a requirement that it serve a community of some sort, that there be a need.

      The recommendation made to our CIO was to NOT register, since we cannot hope to keep up with all of these going forward. $200 for a ten year registration isn't terrible, but what if suddenly I need to do it across 20 TLDs. 100? And if at some point i decide not to try to keep up, will I lose the trademark because I've stopped trying to enforce it? Or can Disney reasonably expect people of even average intelligence to figure out that they aren't running a porn site?

    11. Re:This has already been discussed by girlintraining · · Score: 1

      I don't know what the solution is, but the current system definitely resembles "paying for protection".

      Heeey, that's a nice computer you have there. Shame if something were to happen to it. -- Your copy of Norton Antivirus.

      Nope. No similarities here at all.

      --
      #fuckbeta #iamslashdot #dicemustdie
    12. Re:This has already been discussed by Anonymous Coward · · Score: 0

      And what magic to you suggest they apply to this situation to correct it? Shall the Internet Fairy shake his wand at it and make all abuse of TLDs including XXX go away in a miraculous poof? Seriously, think before you post. The reality is that some people will attempt to abuse some names. A company can sit back and wait for infringement to occur, and the proceed with relatively expensive legal steps, or they can take an extremely inexpensive step of preventing forseeable abuse. No one is MAKING them pay anything. There's no extortion, no racket, no shakedown. Put down the joint, it's making you paranoid.

    13. Re:This has already been discussed by Anonymous Coward · · Score: 0

      No one is likely to register JoesPlumbing.xxx

      But surely muscular Joe going around "fixing plumbing" for lonely women is not uncommon theme for porn!

    14. Re:This has already been discussed by grahamm · · Score: 1

      But as trademarks are market specific, unless the company is a media company (such as Disney) then porn will not be within the scope of its trademark so they should have no rights over the .xxx domain - neither to own it nor prevent other from owning it.

    15. Re:This has already been discussed by Tim+C · · Score: 1

      Personally, I suggest they grow up and not care that someone else has registered a domain and created a site that obviously has nothing to do with their company or brand(s). If the site does infringe on their brand(s) and/or trademark(s), then sue for that as with any other site on any other domain.

    16. Re:This has already been discussed by Anonymous Coward · · Score: 0

      If a trademark owner has to pay again each year to prevent their registered trademark from being used in each TLD, that sounds like a "protection racket" to me.

      They don't, annually, though I think it should be free for a trademark-holder to register their non-resolving .xxx domain.

    17. Re:This has already been discussed by characterZer0 · · Score: 1

      I have a two ways to correct this situation:

      1) Get rid of the xxx TLD, which is nothing more than a money-grab anyway.
      2) Make it free to blacklist your trademark.xxx. It will eat into their money-grab's take a little bit, but they'll live.

      --
      Go green: turn off your refrigerator.
    18. Re:This has already been discussed by mseeger · · Score: 1

      Steep discount... hah... if one of my customer wants to protect his core brands only, he has to cough up >200.000 US$. 10US$ would be a steep discount and should cover the costs. More than 500 US$ is IMHO blackmail.

    19. Re:This has already been discussed by Anonymus · · Score: 1

      I'm pretty sure that's either here already or is on the way. Anyone with $100,000 that can prove they have the infrastructure to support a TLD can create just about anything they want.

  8. Save the web by holdme · · Score: 0

    There is too much centralized control over the Internet. This allows governments to stomp it out, destroy it, shut it down, prevent information from being disseminated. Wikileaks? Shut it down. Social media used to organize people? Shut it down. Porn? Well, it's a good pretense for shutting down even more Internet to ever more people. Darknet, private Internet separated from main pipes at first through security and eventually physically, that's what will have to be done. Even if old BBSs with dial up will have to be brought back on line, what are you going to do? What are you going to do when everything is shut down by the governments?

    1. Re:Save the web by The+Dawn+Of+Time · · Score: 1

      I'm going to say "WHY DIDN'T YOU WARN ME HOLDME? WHY DID I READ YOUR CRAP AND THINK YOU WERE SOME SORT OF LOW LEVEL RETARD? WHY?"

      But since it's not going to happen and it's all just some weird, dark, paranoid fantasy that lives only in your head, you're safe from having to deal with that.

    2. Re:Save the web by holdme · · Score: 1

      You think the web is safe from controls? You think nobody wans to shut down the message and the messengers? Just because there is some paranoia in the message, you think it's not a legitimate paranoia? Do you think the web is safe?

    3. Re:Save the web by Anonymous Coward · · Score: 0

      There is too much centralized control over DNS.

      FTFY.

      Don't like it? Start your own DNS root.

    4. Re:Save the web by holdme · · Score: 1

      OK, but can I have it with blackjack and hookers attached? Do you think anybody would use a service like that? I literally mean it, btw.

    5. Re:Save the web by Grygus · · Score: 1

      You think the web is safe from controls? You think nobody wans to shut down the message and the messengers? Just because there is some paranoia in the message, you think it's not a legitimate paranoia?

      Do you think the web is safe?

      Basically, yes. I think that by the time the government is able to shut down the internet against our will, that action will be the least of our worries.

  9. Never forget who OWNS the Washington Times. by couchslug · · Score: 1

    That paper is about as serious as the Daily News.

    Submissions linking to it have no place here.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    1. Re:Never forget who OWNS the Washington Times. by Mashiki · · Score: 1

      All publications should be submitted here. Regardless of who "owns" a paper or not. Leave it to the reader, and commenters on the forums to decide. Not your narrow view of what people should decide.

      --
      Om, nomnomnom...
    2. Re:Never forget who OWNS the Washington Times. by NiceGeek · · Score: 3, Informative

      I don't know when people started taking the stance that all opinions and all sources should be given equal time and weight, but it has led to a massively uninformed populace.

    3. Re:Never forget who OWNS the Washington Times. by Mashiki · · Score: 1

      I don't know when people decided that refusing to run a story based on who owns a news paper was a good way to do things. You know they did that just before germany turned into nazi germany too. That turned out well.

      --
      Om, nomnomnom...
    4. Re:Never forget who OWNS the Washington Times. by NiceGeek · · Score: 1

      Nice to see Godwin is alive and well.

    5. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      Even a psychopathic right-wing paranoid hate-mongering racist blind squirrel tells the right time twice a day. Or something like that.

    6. Re:Never forget who OWNS the Washington Times. by Grygus · · Score: 1

      I don't know when people started taking the stance that all opinions and all sources should be given equal time and weight, but it has led to a massively uninformed populace.

      It was probably some idiot who favored freedom of speech and was against censorship.

      Saying that people should not listen to nonsense is one thing; you are saying that you should decide what people get to hear in the first place. That's not the same thing.

    7. Re:Never forget who OWNS the Washington Times. by Culture20 · · Score: 1

      Nice to see Godwin is alive and well.

      Is he living in Argentina?

    8. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      Fuck, Slashdot links to Thinkprogress occasionally. Compared to that, the Washington Times is goddamn canonical.

      Besides, the owners of the paper don't matter as much as you seem to think. I suspect you just take issue with the Times' editorial staff, and therefore want to censor them as much as possible. Good luck with that.

    9. Re:Never forget who OWNS the Washington Times. by LordLimecat · · Score: 1

      Well, it certainly is better when one group gets to decide what is "informative", right?

    10. Re:Never forget who OWNS the Washington Times. by oursland · · Score: 1

      Likely still in the USA.

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

    11. Re:Never forget who OWNS the Washington Times. by oursland · · Score: 2

      I sure hope so! He's only 54, after all.

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

    12. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      "Bah! This summary links to Galileo Galilei's writings on the motions of the planets! Those papers are about as serious as the ramblings of an insane old curmudgeon. Submissions linking to his works have no place here."

    13. Re:Never forget who OWNS the Washington Times. by Mashiki · · Score: 1

      Always good to see people who don't know statists marching in their midst. After all, why should one allow a dissenting opinion? Just go lock step now. After all, it's all been decided, and it's already been chosen for you.

      Carry on.

      --
      Om, nomnomnom...
    14. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      Yeah, if those Nazis keep it up we'll soon have a massively uniformed populace.

    15. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      I think it was back when they made that silly Bill of Rights, proclaiming that free speech is an unalienable right. Stupid lawyers!

    16. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      "Bah! This article links to Galileo Galilei's writings! He should be taken as seriously as the village idiot. Submissions citing him have no place here."

      I don't know why my original comment (which was much similar to the above) was deleted. Perhaps my point was unclear, so let me spell it out more openly: You really should consider every opinion and source. Who knows, you might find out something new. Look at Galileo: They tried to disconsider him and he happened to have the better answer.

    17. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      That's the best oxymoron I've seen all day!

    18. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      That might be because you don't know the meaning of the word, you retard.

    19. Re:Never forget who OWNS the Washington Times. by Anonymous Coward · · Score: 0

      You go on taking the Moonie Times seriously then.

  10. Gerber? by Bronster · · Score: 1

    gerber are obviously just typosquatting gerbil.xxx, a domain which I expect to retail for plenty.

  11. Worst of both worlds? by jensend · · Score: 3, Insightful

    I'd like to see a scheme like the .xxx tld work well- simplifying things for people who don't want to encounter internet smut without error-prone filter setups and without futile attempts to keep that kind of stuff off the web entirely. But it looks like this is being done in the worst way possible.

    Exorbitant registration fees will make it so this will never serve its intended purpose- most smut will be hosted on normal tlds just to save on fees. And the claimed "shakedown" racket makes no sense. If there's going to be porn which (ab)uses your trademark, it's not like registering a domain will wipe it out or even make it significantly harder to find. The best route for normal businesses would be to just ignore everything under that tld. It's not like the old whitehouse.com problem- if somebody says "I went to gerber.xxx and was SHOCKED to see what was there! For shame!" there's the easy rejoinder "What exactly were you doing looking up gerber.xxx, and what did you expect to find on an .xxx domain? Why would you think that's affiliated with us at all?" But this greedy registry wants to wring extra dough out of people by playing on their trademark paranoias.

    1. Re:Worst of both worlds? by Anthony+Mouse · · Score: 5, Informative

      I'd like to see a scheme like the .xxx tld work well- simplifying things for people who don't want to encounter internet smut without error-prone filter setups and without futile attempts to keep that kind of stuff off the web entirely. But it looks like this is being done in the worst way possible.

      The trouble is that it can't work that way. You can't exclude all smut to a single set of domains for a large number of reasons. For one thing, nobody really agrees on a definition. For another, any single domain may contain a wide variety of things: You can find a metric ton of non-smut on tumblr, but you can also find plenty of naked women there too. And you basically end up with two choices: Either you banish all of those websites in their entirety to .xxx and then all of their non-smut content ends up behind the filter (and you hit First Amendment problems in the US), or you let websites containing smut use non-.xxx domains, but then the filter doesn't actually block the smut because nobody uses exclusively .xxx when they can reach a larger audience by paying another $8/year to get the equivalent .com domain.

      The problem is really with filtering in general, not with domains: You have a trade-off between false negatives and false positives. The only way to have a low number of false negatives is to have a high number of false positives and vice versa. And we decided a long time ago that it's better for government to accept the large number of false negatives and then let people choose for themselves what content they want to consume, than to have a government censorship board that decides what people can see and hear.

    2. Re:Worst of both worlds? by snowgirl · · Score: 1

      ...But this greedy registry wants to wring extra dough out of people by playing on their trademark paranoias.

      But if I don't register my-trademark.xxx, then it could be claimed in court that I wasn't protecting my trademark, and thus it should be vacated...

      :( You know, I started this post off as a joke, but unfortunately, I suspect that someone could actually succeed at this claim... FSM, we need better trademark laws... :(

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    3. Re:Worst of both worlds? by tomhudson · · Score: 3, Insightful

      You can protect the tradmark by sending them a C & D. No need to fall for this extortion scam.

    4. Re:Worst of both worlds? by misexistentialist · · Score: 1

      I don't want to encounter pictures of cats, i.e. girl porn. Segregating such quasi-bestiality and other perversions like facebook, blogs, etc. into an .xx domain would go much further into cleaning things up than trying to structure the internet around the mystification of human biology.

    5. Re:Worst of both worlds? by Anonymous Coward · · Score: 0

      In terms of lawyer's fees, that would cost way more than $200 or whatever they were asking for in the first place, not to mention that it could divert the attention of senior management and the board of directors from more pressing issues. And that's precisely how the scam/extortion works.

    6. Re:Worst of both worlds? by LordLimecat · · Score: 1

      Isnt this a rather good place for TXT records? img.tumbler.com TXT contains:unfiltered-images,usercontent

      Worked for SPF, and would certainly get the job done easily. Let sites classify themselves, and have registrars enforce it.

      As for first amendment rights, as long as it is not being legislated or pushed into place by the government, what your employer filters is not a violation of your rights at all.

    7. Re:Worst of both worlds? by RobbieThe1st · · Score: 1

      I agree about Facebook belonging there!

    8. Re:Worst of both worlds? by Anthony+Mouse · · Score: 1

      Isnt this a rather good place for TXT records? img.tumbler.com TXT contains:unfiltered-images,usercontent

      The trouble is that the tags don't tell you enough. Every website in the world has user content these days. If you block anything that approximately means "unmoderated user content" then you block everything from Slashdot to vendors' tech support forums to Google web search. But if you don't then you let through all the "explicit" content posted by users.

      As for first amendment rights, as long as it is not being legislated or pushed into place by the government, what your employer filters is not a violation of your rights at all.

      The only way the smut peddlers would actually register their content as smut is if the law required it; they know it means their site will be blocked and they have no interest in that. But if you force them then you have state action -- it's a de facto requirement that their site is blacklisted all over the place. You can look at the list of laws repeatedly passed and struck down by Congress trying to legislate movie ratings before the MPAA member companies got together to do it themselves on their terms so that they could stop having to repeatedly go to court getting the laws struck down. And that solution doesn't work with pornography because there isn't a tight cartel of pornographers that the government can harass into submission by passing a new unconstitutional law each time the old one is struck down -- there is always a new Larry Flint looking to make a point.

    9. Re:Worst of both worlds? by tomhudson · · Score: 1

      A C & D letter can be sent for the cost of the postage - the form is available on the net.

    10. Re:Worst of both worlds? by jensend · · Score: 1

      The disagreement about the definition of smut is exaggerated: just about everybody "knows it when they see it," to quote Judge Stewart, for the vast majority of cases. To pretend there's vast disagreement about it is just disingenuous.

      Sure, there's a bit of disagreement at the margins, and of course saying that a whole domain has to move to .xxx because of a pornographic image or two would be ludicrous. But I'm not talking about implementing a zero-false-negatives filter, especially not at a government level: I'm talking about making it simple for individuals or families to decide they don't want that to be such a prominent and easily-accessible part of their Internet experience. Without externally imposed mandatory filters, sites which are focused around pornography would lose very little business by moving to the .xxx tld, but it would become very simple for families and individuals to elect to have a much cleaner internet environment.

    11. Re:Worst of both worlds? by Anthony+Mouse · · Score: 1

      The disagreement about the definition of smut is exaggerated: just about everybody "knows it when they see it," to quote Judge Stewart, for the vast majority of cases. To pretend there's vast disagreement about it is just disingenuous.

      The problem, as always, is that "knows it when they see it" is not a meaningful legal test. Is a picture of a topless girl smut? What about a video showing two people having sex, but without showing any nudity? What if the same scene is three minutes long out of a 60 minute drama? What if it's three minutes out of 60, but the sex scene does show nudity? What if there is no sex or nudity at all, but a scene shows a woman striking another woman with a whip and presents the implication that she takes pleasure in it?

      If you ask different people these questions, you will get different answers. Or just go back to the original example: Does tumblr go on the blacklist or no? Probably well over half the stuff there is not particularly objectionable, but there is no trivial amount of objectionable material.

      The question of whether something is objectionable is completely subjective. You might be able to find two people who mostly agree, but you certainly won't be able to come up with a single set of principles to apply when making a decision on behalf of 300 million people. Some people will argue that a lesbian sex scene is not smut because it contains no penis, or that the Michelangelo's David is because it does. There are some people who think that graphic heterosexual sex is completely unobjectionable but even the implication of homosexuality should be prohibited. The idea that everyone agrees is ridiculous.

    12. Re:Worst of both worlds? by snowgirl · · Score: 1

      You can protect the tradmark by sending them a C & D. No need to fall for this extortion scam.

      Brilliant idea. Even if sending it for about the cost of postage is possible, (which it likely is not for a corporation, because they can't do anything legal-wise except through a lawyer, because the corporation has no natural person to act pro se), imagine that just one person chooses to fight it. While it might be possible for a corporation to avoid any legal costs by issuing a C&D from a web form, it certainly is not possible for them to handle and objections to a C&D, or refusal to C&D without obtaining a lawyer. And in about one hour, they will have exceeded the costs to just register the .xxx domain in the first place.

      While a lot of people are calling this a "shakedown", and I can see some analogy for it, this is also a beneficial situation to the companies protecting trademarks, as they can protect their trademarks for significantly less than it would cost to protect them through legal actions.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    13. Re:Worst of both worlds? by tomhudson · · Score: 1

      it certainly is not possible for them to handle and objections to a C&D, or refusal to C&D without obtaining a lawyer. Bullcrap. The UDNDRP can be done without a lawyer. Additionally, ICANN recognizes judgments from courts - including small claims courts. Just get a judgement from one of them for less than $100.

    14. Re:Worst of both worlds? by LordLimecat · · Score: 1

      It wouldnt have to be done by the government; it could be an ICANN requirement that sites list what content their site has to some degree of specificity.

      The trouble is that the tags don't tell you enough.

      They can tell you a heck of a lot more than a .xxx TLD does, and they actually have some reasonable chance of being useful in the real world with non-.xxx tlds.

      If you block anything that approximately means "unmoderated user content" then you block everything from Slashdot to vendors' tech support forums to Google web search.

      Most web filters have various settings, one of which does block unmoderated user content, recognizing that it likely is not appropriate for younger children. But it makes a heck of a lot more sense for the webmaster to describe their site than for others to try to infer its content (didnt they do this in the past with meta tags?) It would also make filtering the truly explicit stuff much much easier.

      The only way the smut peddlers would actually register their content as smut is if the law required it; they know it means their site will be blocked and they have no interest in that.

      I think a number of places (the us included) already have laws about letting children access your site. And if ICANN enforced it, I really dont think they would have much choice (would you rather some people filter you, or to simply lose your domain registration?) And its not exactly censoring, its just the DNS authority saying "if you want to participate in our DNS system, you will at least self-describe your site and its content" (which was in fact part of the idea of TLDs to begin with, which noone really follows-- slashdot.ORG????)

    15. Re:Worst of both worlds? by snowgirl · · Score: 1

      Bullcrap.

      Oh really?

      The UDNDRP can be done without a lawyer.

      There are two methods of dispute resolution here: file a claim in a court of competent jurisdiction, (for a corporation, this cannot be done without a lawyer, "but small claim", you made that argument, it is addressed below) or file with a dispute-resolution service provider. The later is an arbitration process, and so, yeah, it's possible they might not demand a lawyer for representation. But really, who is Disney likely to send to an arbitration session?

      Additionally, ICANN recognizes judgments from courts - including small claims courts. Just get a judgement from one of them for less than $100.

      You do realize that small claims courts cannot grant equity, (they can only provide legal remedies) and thus cannot return an order stating that the defendant must forfeit their domain registration, right? Also, in some jurisdictions, corporations still must obtain a lawyer if they are bringing a small claims suit. You know, because corporations as legal persons do not actually exist, and thus cannot actually represent themselves pro se... you know, kind of by definition.

      And the first thing I would do, if someone brought me to small claims court for a trademark infringement, would be to remove the case to Federal courts, as trademarks are Federal law, and not state law. Also, for reasons that have been previously mentioned, because the damages sought by the plaintiff cannot be adequately satisfied in that venue. (No amount of money could adequately restore someone to the state prior to a purported infringement. Rather, the only remedy appropriate for trademark infringement is for someone to stop using the offending mark. Otherwise saying, "yeah, $100 would cover my damages for you using the offending mark" is almost a bit like saying "it's ok if you keep using the offending mark in the future." Congratulations, welcome to trademark forfeiture.)

      Once the case was moved to Federal court, there isn't any corporation in the US that would be able to represent itself pro se then.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    16. Re:Worst of both worlds? by snowgirl · · Score: 1

      Issuing a correction: some states allow small-claims courts to provide equitable remedies.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    17. Re:Worst of both worlds? by tomhudson · · Score: 1

      Where I am, businesses of 5 people or less are allowed to use the small-claims courts. Also, equitable relieve IS a legal remedy, just not a statutory one.

      Then again, I think this whole thing is a tempest in a teapot - after all, if someone wants to register one of my domain names but in the .xxx TLD, what would I care? Let them waste their money if I own the com, org, and .net TLDs (or even just the canonical .com one).

      The whole .xxx TLD was a stupid idea. It serves no fundamental purpose except to make money for the registrar. It's not like it's going to suddenly stop x-rated content on any other TLD or secondary level domains.

    18. Re:Worst of both worlds? by snowgirl · · Score: 1

      Where I am, businesses of 5 people or less are allowed to use the small-claims courts.

      And which state is this? Since the rules are different for each state. For instance, I have a friend I spoke to about this, who practices law in Illinois, and he pointed out 704 ILCS 220/1 (from Ch. 32, par. 411), "It shall be unlawful for a corporation to practice law or appear as attorney at law for any reason in any court in this state or before any judicial body". This almost definitively excludes a corporation from appearing without a lawyer.

      Reading a short article on New York state, apparently in "commercial" small claims, a corporation can appear without a lawyer when defending or prosecuting, but in regular (non-"commerical") small claims, they can only appear without a lawyer in order to defend against a suit.

      Really, the point is, I suppose, in order to know if your corporation can appear in court without a lawyer there are two questions to ask: 1) is it small claims, if it is not, there is not a single jurisdiction that allows them to appear without a lawyer (apparently, in Florida, even trying to do so outside of Small Claims will result in a default judgement against the corporation), and 2) what does our lawyer say about our ability to represent ourselves in small claims court?

      Because really, there is no one universal answer. The only good answer can come from someone who knows the law, which is a lawyer. Going out on your own to try and figure it out may jeopardize your chances at even having your side of the story heard.

      Also, equitable relieve IS a legal remedy, just not a statutory one.

      I do realize that the "equity" vs "law" distinction has been lost since common law courts and chancery courts have been thoroughly merged, but the distinction is still applied as a classification system. Therefore, if a small claims court is limited to "legal remedies", then they cannot grant any equitable remedies, and can grant only monetary damages. Even if technically they're applied by the same courts, and in exactly the same methods, the categorization system still holds that the specific term "legal remedy" applies only to awarding damages. (Which is often why pleas will have "and grant any such remedies legal, or equitable that the court deem appropriate." So that any ambiguous reading of "only monetary damages, but no equitable damages" cannot be made.)

      I'm read only in Washington State law, but as an example of a state that denies equitable remedies to small claims courts, RCW 12.40.010 limits the jurisdiction of small claims courts to be "case for the recovery of money only if the amount claimed not exceed five thousand dollars." (emphasis mine) However, unlike Washington State, apparently my Illinois lawyer friend told me that Illinois makes no distinction between any types of remedies, and thus small claims courts can provide injunctions, and other equitable remedies.

      Thus, your tactic of using small claims courts to sue for the injunction to remove the domain name could work in Illinois, but not Washington state. But even in your state, a corporation of more than 5 persons still could not do so without a lawyer. And the second a lawyer is involved, the costs will easily and readily exceed whatever this domain registrar is asking for proactive trademark protection.

      But even then, even if the state you're in allows your corporation to bring such an action in small claims courts without a lawyer, if the accused infringing party is outside of the state, and has no significant connections to that state, then they could argue a lack of personal jurisdiction and get the case dismissed before you even get a chance to make your arguments. Then you're left to either let the purported infringement continue, or refile your action in a Federal court with proper jurisdiction. And guess what? There's no federal court where a corporation can appear without a lawyer.

      Then again, I

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    19. Re:Worst of both worlds? by tomhudson · · Score: 1

      And which state is this?

      The U.S. represents less than 5% of the worlds' population :-) Here, small claims allows businesses of 5 people or less to use the simpler small claims system (and as you pointed out, even in the US, some states let businesses file in the small claims system).

      The registrar handling the xxx TLD registrations has committed to handling infringers and squatters - if they don't, they stand to lose it (and their hoped-for cash cow) to someone else. So, in most cases, an email should be sufficient to start the ball rolling, as well as establishing that the original owner of a trademark has not given tacit permission to use the name.

      Or they can go the way Second Life did - give a free license to the infringing site on condition that it makes it clear that the trademark owner is in no way connected. Win-win for everyone.

      I don't see what all the excitement is about. Now I'll admit I am biased - I don't see pr0n as something to get excited about - to me, this is about as interesting (and as useless) as having a .hockey or .teaparty TLD. All the content will still be duplicated in the main TLDs because nobody is going to "leave any potential eyeballs on the table", so none of the content will "move over". It "solved" absolutely nothing except "how can we come up with another scam for a small group of people to squeeze more money out of the Internet with rent-seeking behavior?"

    20. Re:Worst of both worlds? by snowgirl · · Score: 1

      The U.S. represents less than 5% of the worlds' population :-)

      Right, so rather than answer the question of "what jurisdiction are you even talking about?", you chose to snarkily deride me, and provide me with no better clue as to what the hell set of laws dictate the workings of your local area. Good job.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    21. Re:Worst of both worlds? by tomhudson · · Score: 1

      No, I'm just pointing out that you made a false assumption - that US law was some sort of canonical reference point or universal frame of reference when it's not. BTW: Here's your answer. Enjoy :-)

    22. Re:Worst of both worlds? by snowgirl · · Score: 1

      No, I'm just pointing out that you made a false assumption - that US law was some sort of canonical reference point or universal frame of reference when it's not. BTW: Here's your answer. Enjoy :-)

      Right, and Canada is one singular jurisdiction, where all the exact same laws in Quebec apply in British Columbia? You know, like it is here in the US among the several states... (*sarcasm*)

      Truth is, I made no such assumption that US law were a canonical reference point or universal frame of reference. Rather, I'm pretty sure that I just made the assumption that you live in the US. (Looking back on my comments... and yes, indeed that is the wrong assumption that I made.) In fact, I kind of explicitly noted that the laws are different in every state; so I imagine that if one extrapolates my comment to national laws, it should apply even more accurately. And indeed it does!

      For instance, in Germany, and other Civil law traditions, there is no distinction at all between equitable remedies and legal remedies, as they never experienced that same arbitrary classification that was a part of the Common law tradition.

      So quite apart from me assuming that US law is some sort of reference point that can apply to the rest of the world, I completely understand that not only do other nations have different laws, some of them have wildly different legal traditions even!

      So, yeah, I assumed that you were an American, because you were on slashdot... sue me. 90% of the people on here assume that I'm a guy, because I'm on slashdot. But I'll ask you not to claim that I made some sort of idiot argument that US law is the only law that matters, when I explicitly was stating in the very same post that each state can have wildly different laws, and thus "US law" is a complete misnomer, because while there are a lot of similarities between states, there are still vast differences as well.

      You know what also would have pointed out that I made a false assumption, and probably have done it better? Saying, "Actually, I don't live in any US state, I live in the Canadian province of XY". Because I don't know if you are aware of this matter at all, but so I heard, there's no such thing as a single unitary "Canadian law" any more than there is a single unitary "US law".

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    23. Re:Worst of both worlds? by tomhudson · · Score: 1

      Consumer protection laws are pretty uniform across Canada. It's not like we have all that many different provinces to begin with ... and when one province makes an advance in the law, frequently other provinces use that as model legislation when updating their laws. This process of harmonization also works when the Feds pass a regulation that is intended to be applled across the country but allows for individual provinces to pass "substantially similar" or "at least as effective" laws within their own civil framework if they will have the same effect, so you'll see federal privacy legislation (PIPEDA) and you'll also see provincial legislation that is pretty much the same.

      Criminal laws, on the other hand, are uniform across the country - criminal law is a federal-only jurisdiction. Drunk driving, for example, is a criminal offense in all provinces and territories, convictions always result in a criminal record and may also carry jail time.

      However, individual differences in provinces are irrelevant in this case - trademarks are governed by federal legislation. Domain names are considered by Canadian courts to be property, not a license, and individuals can use the small claims court system to exercise their property rights.

    24. Re:Worst of both worlds? by tomhudson · · Score: 1

      90% of the people on here assume that I'm a guy, because I'm on slashdot

      It can come in handy on Tuesdays :-) (see my profile)

    25. Re:Worst of both worlds? by snowgirl · · Score: 1

      I suppose this lesson in how to do laws in a truly federal system should serve as a wake-up call to myself about how retardedly backwater the US really is...

      That being said, there is a fair amount of uniformity in the US states as well, but likely nowhere near as much as any other federal government system. And of course, our right-wing keeps pushing more and more for a strong-decentralized government, and a desire to turn this country back into a confederacy, rather than a federation, but hey, that's what is so wonderfully sad about the US...

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    26. Re:Worst of both worlds? by snowgirl · · Score: 1

      It can come in handy on Tuesdays :-) (see my profile)

      I'm confused about the special nature of Tuesdays that would make it more handy or not?

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    27. Re:Worst of both worlds? by tomhudson · · Score: 1

      I think the real problem is that the whole world (with a few stupid exceptions) really, REALLY misses the "good ole U. S. of A." Sure, we weren't aware of a lot of the ugliness that was going on behind the scenes, but there was a sense of vision and "we're all in this together."

      It's sort of like Arthur C. Clarke's "Childhood's End" - we've lost our innocence. The world is uglier - or maybe it's only just that we now have the tools to see how ugly it really is. And "greed is good" has won. Example - how many times have you seen people say that companies have a legal obligation to maximize profits, when there's no such law on the books in the U.S., because they assume that's how things should be?

      The bank bail-outs are just another step along the line ... the money spent on them could have paid off every under-water mortgage in the US at the time, stabilized the market, and avoided the GM and Chrysler bankruptcies. It's a shame.

    28. Re:Worst of both worlds? by tomhudson · · Score: 1
      You've never heard of [tt] (Troll Tuesday)?

      Whie-hat trolling for educating, informing, challenging dumb ideas and sacred cows, and sometimes a bit of fun.

      Like crossword puzzles, it helps keep the grey matter from deteriorating and occasionally provides insights.

    29. Re:Worst of both worlds? by snowgirl · · Score: 1

      No, I had never heard of Troll Tuesdays...

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    30. Re:Worst of both worlds? by tomhudson · · Score: 1
      It got off to an early start yesterday :-) Seems to happen a lot lately, because there's just SO much silliness abounding on the net that just begs a good whack of the clue-by-4.

      Case in point was Bruce Perens lying about the real reasons for the "covenant" - that it wasn't because the company in question needed copyright assignment by coders to protect their rights, but because they want to be able to list the copyrights as assets, and that it wasn't drafted by him, but by the lawyers at NexisLexis, and "was the best he could get".

      It turns out that he doesn't even know what the terms of the license really mean - he has to ask their lawyer.

      I don't know ... but I think F/LOSS needs to grow up. The movement should be well out of its adolescent phase by now, and dealing with business without looking like a bunch of freetards.

  12. Streisand Effect by retroworks · · Score: 1

    I continue to wonder whether any greedy porn king would have the slightest interest in "gerber" or "disney". If they had found a market in that, we'd already have Gerber_XXX.com or XDisney (like Xhamster). The brew-ha-ha may actually create a "Streisand Effect" causing domain squatters to go register domains they otherwise would not have considered (something I tried labelling the "streisand.xxx effect").

    "The Streisand effect is a primarily online phenomenon in which an attempt to hide or remove a piece of information has the unintended consequence of publicizing the information more widely. It is named after American entertainer Barbra Streisand, whose attempt in 2003 to suppress photographs of her residence inadvertently generated further publicity." http://en.wikipedia.org/wiki/Streisand_effect

    --
    Gently reply
    1. Re:Streisand Effect by Anonymous Coward · · Score: 0

      we'd already have Gerber_XXX.com

      I'd just like to point out that underscores in domain names are illegal (even though I remember once having encountered DNS servers that served them and some clients that accepted them).

    2. Re:Streisand Effect by scottbomb · · Score: 1

      Which makes me also wonder... what's the big problem here? In the article, the only people complaining are the smut site operators because they don't like the idea of shelling out more of their "hard" - earned money on protecting their brands. As for other businesses, they really don't seem to have anything to worry about. If every Joe's Widgets Inc. had to worry about every TLD, they'd have to register over a hundred of them.

      Most people use a search engine to find what they're looking for. When they DO know they URL, they use .com like everybody else. If that doesn't work, they try .org or .net. If none of the above work, the site may as well not even exist (with the exception of location-specific websites such as disney.ru or disney.nl for example).

    3. Re:Streisand Effect by marka63 · · Score: 1

      Actually they are only illegal in host names and mail domains. The DNS doesn't have a problem with underscores. The reason COM banned underscores was to prevent the complaints about about them not working for some clients which actually enforce the host name and mail domain rules. That was the argument I presented to them when COM solicited my opinion before they instituted the ban on hyphens.

      Gerber-xxx.com is also perfectly legal as a host name or mail domain. I've never understood the desire to use underscores when hyphens work perfectly fine as in label separators.

  13. . xxx is an opportunity by Anonymous Coward · · Score: 0

    Companies should be purchasing these and then exploiting them as a way to market toward 20-45 year old males looking for these URLs. There are tactful ways to take advantage even if you are Gerber.
    – Ternus

  14. You forgot slashdot.xxx by Anonymous Coward · · Score: 0

    What's the #1 thing that all tech guys have in common? Facial hair. #2 would be pr0n.

  15. $200/yr per domain - $99/yr when open season. by musixman · · Score: 0

    Important to note, It's $200/yr right now to pre-register 1 domain name.. it's not like it's $8-$9. Even after pre-registration when it goes open to anyone to buy it's still $99/yr per domain. I just want to know how someone is GIVEN a business to manage like that. It's going to created record profits for almost no work at the expense of other legit adult and mainstream businesses. Sounds like someone got a kickback to allow this to me.

    1. Re:$200/yr per domain - $99/yr when open season. by SuricouRaven · · Score: 1

      They got the business because they were the company that proposed it. He who writes the proposal, gets the contract. They also spent years in court fighting for approval - the whole affair got rather dirty. Long story short: ICANN rejected the proposal, but there was widespread suspicion that they were pressured by the US DOC (This being during the Dubya years). ICM appealed, and won the right to resubmit. They resubmitted, and that time it got through.

  16. simple domain registration rules? by jbeaupre · · Score: 2

    ICANN should make a few simple rules (i.e. easy to understand and to code). Good examples could be

    {domain}.com OR {domain}.xxx, but not both
    {domain}.TLD (original list) OR {domain}.(arbitrary TLD), but not both.

    These could be used to filter out online registrations. Obviously some sort of exceptions will crop up (playboy.com and playboy.xxx), which could be handled by certifying that the owner of the first registration is filing for the second. Registrars could charge extra for this manual red-tape exception.

    --
    The world is made by those who show up for the job.
    1. Re:simple domain registration rules? by jezwel · · Score: 1
      Mutually exclusive is exactly what I was thinking for .xxx vs all other TLDs + country variants.

      Even in your example, I would prefer playboy to be forced to the xxx domain to assist with filtering at the local level

  17. Sexiest thing evar by Anonymous Coward · · Score: 0

    A grainy 8mm film of a Disney Snow White doing a strip tease. There used to be a copy on the web, but I'm not surprised that it disappeared. Maybe somebody could put up a rapidshare file??

  18. The whole TLD industry is a scam anyway by jimicus · · Score: 1

    Fifteen years ago, .org, .net and .com made sense and by and large companies registered the domain that made sense for their business.

    Then businesses decided that letting someone else own, say, cocacola.net didn't make a lot of sense from a branding point of view. (Which is entirely true; the domain system was devised with little thought given to commercial interests or how they'd likely play out).

    Today, most businesses of any size can be counted on to register every TLD that is even remotely well-known - if only to ensure that a porn site in their name does not appear under that domain. Registrars encourage this by heavily advertising every TLD they can think of. So we now get a mad rush of registration every time this happens.

    1. Re:The whole TLD industry is a scam anyway by SuricouRaven · · Score: 1

      It can get messy sometimes when there are multible trademark holders. The WWF (wrestling) and the WWF (wildlife) ended up in court over the rights to wwf.com and .org. Then there are some popular business names - there must be thousands called 'phoenix' because I've got a taxi company and two takeaways in my local area using that one.

    2. Re:The whole TLD industry is a scam anyway by SuricouRaven · · Score: 1

      A quick google, and.... yes, there is indeed a porn actress going by the stage name Phoenix. Plus the furrys too, of course.

  19. In other news by Mensa+Babe · · Score: 3, Insightful

    In other news, Verisign is trying to get non-stupid companies to pay to prevent their brands from being registered as company-is-stupid.com sites. After all, what serious book publisher or university, for example, would want to have sites such as amazon-is-stupid.com or mit-is-stupid.com floating around the Internet?

    --
    Karma: Positive (probably because of superiour intellect)
    1. Re:In other news by Ashriel · · Score: 2

      That's just terrible. The internet is supposed to be all about free expression, no? Allowing companies to pay to block those who would mock them flies right in the face of that idea. If said companies are so concerned, they should be buying up name-is-stupid domain names themselves (and whatever other variations they can come up with). If they miss a few, well, they should have been more imaginative.

    2. Re:In other news by NickFortune · · Score: 1

      In other news, Verisign is trying to get non-stupid companies to pay to prevent their brands from being registered as company-is-stupid.com sites.

      So, clearly, what we need here is a .stupid TLD. Then we can get all the stupid companies to take .stupid domain names, and the clever ones can stay as they are. That should work exactly as well as the .xxx TLD is going to work.

      Of course it all falls apart if someone is clever enough to take the "is-stupid" suffix and register it under .xxx, or indeed .stupid. But then ... what are the chances of that happening?

      --
      Don't let THEM immanentize the Eschaton!
    3. Re:In other news by AmiMoJo · · Score: 2

      The problem with that is it favours companies with lots of money and IT staff who can keep on top of it. It isn't just generic TLDs they have to worry about, there are all the country TLDs too.

      There is no good solution. Companies will always want to buy every variation of their name. The best we can do is ensure that name-is-stupid.com is protected if registered by an individual, but at the moment it all depends on the local trademark laws. It is worse for non-US companies because the supposedly generic TLDs like .com and .org fall under US law, meaning a consumer living in the EU would have to go to the US to defend what might be completely legal in their home country.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:In other news by pauljlucas · · Score: 1

      The internet is supposed to be all about free expression, no?

      Uhm, no. It was funded initially by DARPA for defense and research purposes for communication between universities and the military. Go read some actual history.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    5. Re:In other news by Anonymous Coward · · Score: 0

      I'm kinda partial to att-is-thiefs.com myself.

    6. Re:In other news by tehcyder · · Score: 1

      The internet is supposed to be all about free expression, no?

      Doing something on the internet does not magically exempt you from real world laws. If you libel or try to pass yourself off as a large corporation, they will sue you just the same as if you wrote it on a leaflet in crayon.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    7. Re:In other news by Ashriel · · Score: 1

      Yeah, I'm aware of that - but satire, enumeration of defects, and collection of consumer complaints are perfectly legitimate and reasonable uses for a name-is-stupid or name-sucks domain.

  20. as a porn star by holdme · · Score: 1
    as a porn star I must admit, I'd rather see all porn be confined to a specific tld, it makes sense, doesn't it? It would be then easy to filter the stuff out for whoever doesn't like it personally. However I don't understand how this can be enforced at all. What would you do with somebody who posts porn under any other domain name? Jail them? Fine them? Shut them down? I don't see the value of doing that to people, aren't there enough people in jail for non-violent drug related offenses as is, to have porn related offenses as well? (unless it's child porn, but that stuff is illegal as is.) -- By the way, what is this?

    Slow Down Cowboy! Slashdot requires you to wait between each successful posting of a comment to allow everyone a fair chance at posting a comment. It's been 31 minutes since you last successfully posted a comment

    31 minutes since my last comment? I hope I am not overwhelming the infrastructure here!

    1. Re:as a porn star by PPH · · Score: 1

      31 minutes since my last comment? I hope I am not overwhelming the infrastructure here!

      The Slashdot administrators are just doing their part to cure those who suffer from Premature Edification.

      --
      Have gnu, will travel.
    2. Re:as a porn star by NeutronCowboy · · Score: 1

      Probably because you have a brand new account. Post for a little while, and the restriction should go away. Standard restriction is about 30 seconds or so, and that's just to prevent a lot of "me too!" posts.

      --
      Those who can, do. Those who can't, sue.
    3. Re:as a porn star by Reziac · · Score: 1

      Five minutes, actually.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  21. Hey, Gerber does not get to monopolize the name! by Anonymous Coward · · Score: 5, Interesting

    Gerber means "to vomit" in french. Since .xxx is not language specific and vomit has a small but very dedicated and well-paying porn following (really, it does), I have every right to register that name and use it to sell vomit-porn to the francophone market. As long as I am not using the name in a way that would lead to trademark confusion (which would be pretty hard to argue), Gerber should just butt out.

  22. Disney may want to use disney.xxx by Anonymous Coward · · Score: 0

    If they ever wanted to create American hentai films, that would be the logical place.

    1. Re:Disney may want to use disney.xxx by ArundelCastle · · Score: 1

      The closest thing I've ever seen to American hentai is Marge Simpson in Playboy.

      Not to besmirch Heavy Metal, Ralph Bakshi, and Robert Crumb (bless 'em as pioneers), but we're doing it wrong...

      Polish Playboy did a CGI photo spread of the women of the Witcher. They looked real in a born-airbrushed sort of way.

  23. Re:Hey, Gerber does not get to monopolize the name by Anonymous Coward · · Score: 1

    hehehe you said butt

  24. Wow, they did it! by CherniyVolk · · Score: 1

    I have a lot of "smut" like domains. I would say, I own about 50 non-variant domain names; non-variant bob.com and bobby.com count as one. Maybe a solid 35 of those are no doubt fine domains for a smut site. All for personal use, because I'm a geek and feel I ought to own my own domains, I do not make money from them or anything, I don't even check the mail going to many of them so even if someone wanted to buy one for millions I never saw the offer, nor do I want to see such an offer honestly. To me, if you sit on a domain just to sell it that's questionable... but to sit on a cool domain to connect to IRC with or have an interesting email address, to me that's not a bad thing.

    Years ago, when this whole .xxx thing came out, I was actually thinking of making a few of my domains into full-blown sites. So, I purchased the .xxx variants of some of my 'smut' domains and sat on them for a while. This was at a time when Firefox and IE needed a special plugin to visit these strange TLDs remember? Anyways, after a while and being charged an arm and a leg for them... I let them expire. Why would porn companies use .xxx? I bet Playboy will continue to hold, update and consider as a corporate/business portal, playboy.com to be their primary domain; even if they do in fact put all "content" on a playboy.xxx domain. This would go for all "adult" related sites, including perhaps companies such as F Street, DejaVu and others. Will Victoria Secrets be forced onto a .xxx domain? I doubt it. One problem is the fact that "xxx" means something totally different than just "porn". "xxx" has the connotation of degrading things, less tasteful depictions of "porn". I'll agree, Playboy and Penthouse is "porn", but Hustler or some weird Japanese fecal fetish magazine is "xxx". It's always been this way, and I fail to foresee it ever changing any time soon.

    They will ALL have the .com and the .xxx domains in the end. As for those who find .xxx easy to "filter"... you'll still have all the old filter lists all the same because Playboy.com will still be erotic enough, suggestive enough, obvious enough that it will still be "porn". Only the most extreme smut sites will brag and find it sufficient for only a .xxx domain name such as, analgangbangs.xxx or creampieslurrpies.xxx. Everyone else, they will still have the .com versions of their domains.

    Case in point? Are they going to make it a requirement that any content depicting nakedness, by law, must be on a .xxx domain? What if I connect directly to IP address as using scp, ftp or what not? Will it have to reverse to a .xxx host name? This is ridiculous if you ask me... but I think most of all the TLDs are ridiculous. .com, .net, .org, .mil, .smil, .edu... whatever.

  25. what is all the fuss about by umghhh · · Score: 1

    I wonder. Basis for this are the fact that neither I nor nobody I know know anybody who ever actually watched pr0n. Even the s-f magazines like playboy are not read by anybody ever since I stopped buying the stuff 15 years ago and even then I was wondering how could a magazine survive if only one person buys and this not even on regular basis??? If that is so then I wonder why is this so important to have or not .xxx domain???

    1. Re:what is all the fuss about by Anne+Thwacks · · Score: 1
      neither I nor nobody I know know anybody who ever actually watched pr0n.

      Are you sure you actually know anybody?

      --
      Sent from my ASR33 using ASCII
    2. Re:what is all the fuss about by flimflammer · · Score: 2

      I truly doubt that none of your acquaintances or any of their acquaintances watches porn. It's not as if not knowing they watch it means no one does it. Do you have some sort of neighborhood porn investigation network in which you and your buddies talk about their abstinence from porn or something?

    3. Re:what is all the fuss about by GameboyRMH · · Score: 1

      Yeah that's weird. If anything I would assume by default that a person watches porn, unless they seem like a prude.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    4. Re:what is all the fuss about by jnpcl · · Score: 1

      > unless they seem like a prude. Then it's safe to assume that they're into the WEIRD porn.

  26. Re:Hey, Gerber does not get to monopolize the name by unity100 · · Score: 1

    the concept of 'vomit-porn' is not only new to me, but horizon-widening in every sense ...

  27. Re:Hey, Gerber does not get to monopolize the name by wagnerrp · · Score: 1

    Hey now, the fluids that actress just vomited up look awfully like pureed baby food. And... is that... a 70yr old man in a diaper licking it up off the floor?

  28. Considering your career by Wrexs0ul · · Score: 1

    31 minutes since my last comment? I hope I am not overwhelming the infrastructure here!

    How often do you use this line? :)

    -Matt

    --
    --- Need web hosting?
  29. Re:Hey, Gerber does not get to monopolize the name by Anonymous Coward · · Score: 0
  30. Re:Hey, Gerber does not get to monopolize the name by Anonymous Coward · · Score: 0

    Gerber means "to vomit" in french. Since .xxx is not language specific and vomit has a small but very dedicated and well-paying porn following (really, it does), I have every right to register that name and use it to sell vomit-porn to the francophone market. As long as I am not using the name in a way that would lead to trademark confusion (which would be pretty hard to argue), Gerber should just butt out.

    Apparently you don't have kids because I for one can testify that baby food leads to a lot of vomit.

  31. Re:Hey, Gerber does not get to monopolize the name by dotancohen · · Score: 1

    the concept of 'vomit-porn' is not only new to me, but horizon-widening in every sense ...

    No, the horizon-widening porn is called scat. Don't google it!

    --
    It is dangerous to be right when the government is wrong.
  32. Has anybody else noticed by twoears · · Score: 1

    that the XXX URL suffix is typed with one hand?

    1. Re:Has anybody else noticed by Grygus · · Score: 1

      Perhaps there should be a .mmm TLD for left handed people.

    2. Re:Has anybody else noticed by Anonymous Coward · · Score: 0

      kudos for pointing out (pun intended) which hand is used to type 'xxx'

      i'd agree with 'mmm' for left-handed ppl if 'o' wasn't so far away from the bottom row, u know...to type 'ooo' :-)

      I just made OO.org need a bath.

  33. Enforcement? by Monoman · · Score: 1

    They rarely enforce the intended uses of the existing TLDs. Did you really think .xxx would be any different?

    --
    Keep the Classic Slashdot.
    1. Re:Enforcement? by mbone · · Score: 1

      They rarely enforce the intended uses of the existing TLDs.

      I guess you haven't tried to get a .bank or .aero domain name.

    2. Re:Enforcement? by Monoman · · Score: 2

      Keyword is rarely. Some TLDs are enforced. mil, edu, etc

      --
      Keep the Classic Slashdot.
    3. Re:Enforcement? by Anonymous Coward · · Score: 0

      No, and neither has anyone else.

  34. Re:Hey, Gerber does not get to monopolize the name by bmo · · Score: 3, Funny

    Alt.sex.watersports never involved synchronized swimming, either.

    --
    BMO

  35. No surprise by mbone · · Score: 1

    Anyone who is surprised by this has simply not been paying attention.

  36. Best Spin Evar! by Anonymous Coward · · Score: 0

    Oh my G*d ... it's a shakedown.

    Yeah, I feel sooooo sorry for those multimillion (billion?) dollar corporations that may have to register 10 or 20 domains to protect their brand image, I'm sure it's a huge financial burden.

    And they may possibly have to raise the prices of their products and services, because of the "shakedown" you know.

    Really, does anybody with an IQ higher than 70 believe that crap?

  37. Wake me when... by Anonymous Coward · · Score: 0

    they'll let me register .cum domains. And if .asm is ever up for grabs, put me down from org.asm.

  38. Domain turf-wars. by m1ndcrash · · Score: 0

    It's silly. Even though the US law recognizes cybersquatting / domain-snipping as an illegal activity, domain distribution should be conducted on first-come-first-serve bases.

  39. What could have been... by kelanden · · Score: 1

    Mod parent up. The domain system was meant to be strictly hierarchical, with most entities registering domains at the third or even the fourth level.

    The perversion of system into a quasi-flat namespace centered around second-level domains came about because the planned high-level directory service for the Internet never materialized. These days most people use search engines to do much the same thing, albeit at the cost of standardization and protocol / vendor independence.

  40. Re:Hey, Gerber does not get to monopolize the name by mabhatter654 · · Score: 1

    Except other, more reputable, agencies handling domains always give trademark holders and current domain holders first dubs on names before allowing others in. It seems they are already to the "bidding" stage with no mechanism to allow current rights holders to protect their rights... The registrar should be sued outright for not putting methods in place every other registrar agreed to after years of lawsuits.

  41. confusion by currently_awake · · Score: 1

    Having com/org/net/xxx just confuses people. The TLD should be by country, with that country having complete control over it. If Iran wants to censor stuff they can but only for their own domain- and at the national firewalls going into the country. Same for the USA, same for Britain... Get rid of all these silly TLD's and just have national ones.

  42. Re:Hey, Gerber does not get to monopolize the name by Anonymous Coward · · Score: 1

    In 1877, they told William Wilson, "You can't do that without a horse." He smiled and said, "Watch me." When they asked, "Where's your mallet?" he raised his hand and said, "You're looking at it." Then he scissor-kicked his legs and rose out of the water like a man-dolphin and fired a 50-yard laser-guided missile smack dab in the center of a stretched out potato sack. And that's how a legendary sport was born.

    Water polo - it's coming, America. Ride the liquid dream.

  43. Hollywood Records by KingAlanI · · Score: 1

    I figure that Disney's Hollywood Records subsidiary is a problem, any issues with the message of classic Disney cartoons nonwithstanding.

    Hollywood Records is responsible for especially crappy pop music (Miley Cyrus, Hillary Duff, the Jonas Brothers) that pushes an eerily clean-cut image

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    1. Re:Hollywood Records by Joce640k · · Score: 1

      Hollywood Records is responsible for especially crappy pop music (Miley Cyrus, Hillary Duff, the Jonas Brothers) that pushes an eerily clean-cut image

      ...until your kid has a few years of posters, CDs, etc., at which point said popstar turns into a drug-addled slut who's forced to make sex tapes to keep themselves in the public eye after HR dumped them for the next big thing.

      --
      No sig today...
    2. Re:Hollywood Records by KingAlanI · · Score: 1

      yes, the image does break down eventually, maybe related to how it was unrealistic to begin with.

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  44. Re:Hey, Gerber does not get to monopolize the name by Old+Wolf · · Score: 1

    You haven't heard of '2 girls 1 cup' ?

  45. I see it as equivalent to country TLD's by SuperKendall · · Score: 0

    (unlike weirdo country-code TLDs) .xxx is likely to be more recognizable than the obscure ones

    For the general population I'm not sure .xxx is any more recognizable than .tv. If I were Gerber I would not worry about domain squatters on either, or else if they were going to get Gerber.xxx at least have large-chested scantily clad models advertising their food to get babies drooling when they view the site.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:I see it as equivalent to country TLD's by Anonymous Coward · · Score: 0

      Really? Everybody knows that xxx is short for porn, but where the f... is Tuvalu?

  46. .cum by Anonymous Coward · · Score: 0

    where is .cum??!!

  47. Re:Hey, Gerber does not get to monopolize the name by syousef · · Score: 1

    You haven't heard of '2 girls 1 cup' ?

    I know I wish I hadn't.

    --
    These posts express my own personal views, not those of my employer
  48. Disney????? by Anonymous Coward · · Score: 0

    Uh, dude you can buy Disney Porn at their themeparks. Why would they object to having a .xxx domain, other than the usual TM violation issues?

    1. Re:Disney????? by GameboyRMH · · Score: 1

      Uh, dude you can buy Disney Porn at their themeparks.

      Whoa are you serious? I must have missed the red light district.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  49. A disney.xxx site? by Tomsk70 · · Score: 1

    Where do I sign up?

  50. Re:Hey, Gerber does not get to monopolize the name by Sardaukar86 · · Score: 1

    Ain't that the truth.

    The Internet: for sharing things which cannot be UnSeen..

    --
    ..Mullah or Pope, Preacher or Poet, who was it wrote: "Give any one species too much rope and they'll fuck it up"?
  51. Re:Hey, Gerber does not get to monopolize the name by IceNinjaNine · · Score: 1

    Thanks for that. I just finished eating a slightly undercooked cheese, tomato, and onion omelette.
    Yeesh!

  52. Git Rid of TLDs by AP31R0N · · Score: 0

    Aside from the meaningful TLDs like .mil, .edu and .gov.... get rid of them. If we're going to have a .xxx TLD, make rules that ALL pr0n be hosted at such. If you own pr0n.com it can be a SfW site that links to pr0n.xxx. The only reason to have .xxx is if it is going to be meaningful/useful.

    We don't need CocaCola.com the soda site and CocaCola.us the pr0n site.

    Hit "Reply to This" to post some bullshit defense for TLDs that i won't read.

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  53. Poor Amsterdammers.. by madsinzurich · · Score: 1

    I think the people of Amsterdam is going to be sad.. First they get their own domain .xxx, and then there is going to be all these restrictions on it.. :-) http://en.wikipedia.org/wiki/Amsterdam#Symbols

  54. Re:Hey, Gerber does not get to monopolize the name by GameboyRMH · · Score: 1

    I thought it was called speculum porn. Or goatse...

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  55. Here's a thought about trademarked names by Rastl · · Score: 1

    Wouldn't it be interesting if trademarks were expanded to include ALL of the TLD for that name? Sure the registration and renewal would be higher but it would be a lot easier if FooBar(tm) would own FooBar.??? when they get their trademark? Then no matter what new TLDs were added they would automatically own them and the problem would go away.

    Limiting the cost to the combo of registering each one individually would be completely fair to small businesses. When a new TLD is added then the cost gets put onto the next renewal.

    Problem solved. Oh wait - then there wouldn't be the opportunity to try to extort large sums of money by domain squatters, domain registrars or anyone else who wants to get their fingers into the companies wallets.

  56. That's good news by Quila · · Score: 1

    Just because you have a trademark somewhere doesn't mean you should be able to monopolize a name. Trademark is for a specific good or service in a market to prevent confusion between the goods or services of different companies in the same market.

    Trademark is not meant to exclude the name's use in a market not entered by the company. Nobody but the Ford Motor Company can sell cars under the name "Ford," or under that name sell any of the dozens of other goods and services for which Ford has a trademark. But other companies sell things like gum and dietary supplements under the name "Ford."

    Gerber is not in the porn market; therefore, Gerber has no exclusive rights to the name in that market. If I want to produce porn, I should be able to register Gerber.xxx. Or if my name is Gerber and I want to register "Gerber's porn reviews" as gerber.xxx I have an even better case.

    1. Re:That's good news by dotancohen · · Score: 1

      Uzi Nissan was selling used cars under the name Nissan in the 1970s, when the large automobile manufacturer known today as Nissan was still called Datsun. You should only know the hell that Nissan Motors put Uzi through over the domain name. That is the reason why I did not buy a Nissan in 2007, and the reason why I won't be buying a Nissan next year.

      http://nissan.com/

      --
      It is dangerous to be right when the government is wrong.
  57. Grant .xxx special status in the registry. by ResidentSourcerer · · Score: 1

    It seems that with rather trivial work on DNS lookup software you could set them to check the 2nd level domain name component in set order:

    E.g. When looking up gerber.xxx DNS first of all looks up gerber.com, gerber.org, gerber.net gerber.edu gerber.mil and gerber.gov

    If there is such a listing, it redirects to that instead. Thus you could register gerber.xxx but you would have to go out of your way to actually see it.

    Indeed, I can see a case being made to require 2nd level domains to be globally unique. E.g. if you register foo.com, you cannot register foo.org or foo.net.

    --
    Third Career: Tree Farmer Second Career: Computer Geek First Career: Teacher, Outdoor Instructor, Photographer.
  58. .felon is too long, how about.666? by rjejr · · Score: 1

    .felon doesn't fit the .### convention as well as .666. I wonder if the Aleister Crowley crowd would complain?

  59. The ironic part is by Quila · · Score: 1

    His business, Nissan, fixed Datsuns.

  60. Duh? by Anonymous Coward · · Score: 0

    Of course - that is the whole business model for .xxx (and some other future gTLD's). There is no reason why established business (adult entertainment or otherwise) to want a .xxx delegation. If they already have com/net/cc's registers, they have an invested marketing in that. If they are new, why get an .xxx delegation that you know will be blocked by ISP's or entire countries?

  61. Re:Hey, Gerber does not get to monopolize the name by cffrost · · Score: 1

    No, the horizon-widening porn is called scat. Don't google it!

    Why not, I love that shit.

    Ba-dum, tish...

    --
    Thank you, Edward Snowden.

    "Arguments from authority are worthless." —Carl Sagan