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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?"

37 of 245 comments (clear)

  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 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.

    3. 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
  2. Gerber.xxx? by fuzzyfuzzyfungus · · Score: 4, Funny

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

  3. 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 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

  4. 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

  5. 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
  6. 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 tomhudson · · Score: 3, Insightful

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

  7. 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.
  8. 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
  9. Re:Disney.xxx ? isnt there already such a site ? by AndrewNeo · · Score: 2

    Not to mention power over copyright.

  10. 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 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
  11. 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.

  12. 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.

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

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

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    BMO

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

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

    --
    Keep the Classic Slashdot.
  15. 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?

  16. 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.

  17. 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