Hi all There are a number of online journal articles in the news today, and I'll continue to periodically monitor these sights for further academic articles. Cheers David The cultural divide and the Internet's future After a couple of weeks on the hot seat, VeriSign CEO Stratton Sclavos is turning up the fire on his company's severest critics. http://news.com.com/2008-7347-5092590.html VeriSign Sells Domain Registrar VeriSign said Thursday it is selling its Network Solutions domain registrar unit to a private investment company for about $100 million in cash and debt, so that it can concentrate on developing its network infrastructure businesses. http://www.wired.com/news/business/0,1367,60850,00.html http://www.silicon.com/news/500019/1/6446.html http://www.nytimes.com/2003/10/17/technology/17NET.html http://www.zdnet.com.au/newstech/ebusiness/story/0,2000048590,20279836,00.htm http://www.washingtonpost.com/wp-dyn/articles/A38293-2003Oct16.html VeriSign to revive redirect service VeriSign will give a 30- to 60-day notice before resuming a controversial and temporarily suspended feature that redirected many .com and .net domains, company representatives said Wednesday. http://news.com.com/2100-1038_3-5092133.html Reaction to VeriSign-NSI Break Up On October 16, 2003, VeriSign announced the sale of its Network Solutions (NSI) business unit three years after its purchase from SAIC. This is a report on the historical snapshot of Network Solutions and a collection of commentaries made in response to this event...Network Solutions, Inc. was founded by Emmit J. McHenry as a joint venture with the National Science Foundation and AT&T. http://www.circleid.com/article/333_0_1_0_C Africa abuzz about IP address proposal The African Internet community is abuzz following a proposal to allow organisations in sub-Saharan countries better access to their own portable Internet address and that the region be handled as a special case. http://www.itweb.co.za/sections/internet/2003/0310101157.asp .uk - Nominet nobbles domain name resellers Nominet has successfully closed down two domain name resellers, and barred the companies' directors from running such services in the future, following a High Court action. http://www.vnunet.com/News/1144631 .us - Bank wins 'sucks' domain case, but protest sites OK US bank Wachovia Corporation is now the proud owner of the domain name wachovia-sucks.com and two similar names, following an arbitrator's ruling. But the ruling adds that 'sucks' domains can be protected if they relate to protest sites. http://www.out-law.com/php/page.php?page_id=bankwinssucks1066211981&area=news World Wide Alliance of Top Level Domain-names ccTLD ICANN Meetings in Carthage Links will be added prior to and during Carthage meeting. http://www.wwtld.org/meetings/cctld/20031026.Carthage-documents.html .uk - Firms warned of internet fraud Businesses in Northern Ireland are being warned about a scam in which they are asked to pay to register the domain name of their firm. http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/3195658.stm .us - Cyber-squatting suit seeks to block travel site The state's tourism agency is suing a Traverse City businessman who snapped up the Internet Web site name travelmichigan.com. http://www.detnews.com/2003/technology/0310/14/c08-297397.htm The Odd Couple - Public Policy meets the Internet After the dot com bubble popped in the late nineties many commentators wrote off the Internet as a dead duck. The seeming myriad of "we-sell-aardvarks2u.com" e-businesses gave it a bad name. The Internet wasn't considered a serious player in the global economy and therefore its legal setup, matters of policy and governance were consigned to the back-burner by mainstream business as something of little interest or concern. http://www.demys.net/news/2003/10/16_odd.htm In Memory of Jon Postel Jonathan B. Postel, one of the Founding Fathers of the Internet passed away on October 16, 1998. Jon had a great deal of influence over how the Internet works and how it was designed. The following is a letter written by Vinton G. Cerf on October 17, 1998 in honor of Jon's death. The letter was called "I Remember IANA". "If Jon were here, I am sure he would urge us not to mourn his passing but to celebrate his life and his contributions. He would remind us that there is still much work to be done and that we now have the responsibility and the opportunity to do our part. I doubt that anyone could possibly duplicate his record, but it stands as a measure of one man's astonishing contribution to a community he knew and loved." http://www.circleid.com/article/330_0_1_0_C/ Is Industry Underestimating the Ending Dot? According to RFC1034, "cnn.com" and "cnn.com." should be the same domain names. However, it doesn't appear that programmers always understand that trailing dots can be added to domain names. http://www.circleid.com/article/327_0_1_0_C UK's DNS Open to Prying Eyes Network Penetration conducted a survey at the start of 2003 to check the status of the UK's DNS infrastructure. The second scan of the year has just been completed and the results are much more positive. There are however still some serious holes in major areas...Here is a look at what was tested, the results, some sample zone transfers and recommendations. http://www.circleid.com/article/326_0_1_0_C Internet Governance in Australia: Modelling Self-Regulatory Structures in the Domain Name System This article describes the development of Internet governance in Australia. It describes the history of administration of the .au country code, the formation of a private sector not-for-profit regulatory structure and comments on particular aspects of the establishment of new models for managing the technical resources of the global Domain Name System(DNS). The legislative and regulatory basis for the management of the .au DNS is now fairly stable with a small, solid administrative body running the policy functions and egulatory arm of the .au domain. The implementation of changes to the .au and in particular, the introduction of new second level domains (2TLDs) will happen over the next few years. The paper sheds some light on expected regulatory developments and provides some commentary on the success of the regulatory model Australia has chosen. http://www.murdoch.edu.au/elaw/indices/title/williams102_abstract.html The Uniform Domain Name Dispute Resolution Policy as an Alternative to Litigation The Uniform Domain Name Dispute Resolution Policy (UDRP) is an international dispute resolution procedure that presently allows trademark holders to seek arbitration over the control of a domain name, and if successful, to gain control over the domain name. It was approved by ICANN in October 1999, with the first case decided in December 1999. Within a few years, the UDRP has dramatically changed the dispute resolution scene for domain names. With litigation being the previous primary solution, the UDRP clearly demonstrates the power of alternative dispute resolution with over 4000 proceedings resolved over more than 7000 domain names. This many cases would surely have placed a tremendous burden on the legal system, especially with the Internet growing exponentially. As the UDRP handles more disputes, it must be ensured that the policy achieves its objectives, in particular to become just and unbiased. http://www.murdoch.edu.au/elaw/issues/v9n2/chan92.html Squatters in Cyberspace: Netreprenuers or Piratesdotcom? From its arcane beginnings as a tool for Government, the military and academia and with the increasing popularity of the internet not only as a communication tool but as a tool for electronic business and commerce, problems and issues pertaining to allocation and protection of domain names have arisen. Cybersquatting and cyberpiracy are recent additions to the legal lexicon as a new category of wrongful conduct in cyberspace or the information superhighway.* * This paper investigates cybersquatting by presenting the legislation on the matter and some of the cases decided on the issue. http://www.jlis.law.utas.edu.au/v11i2squatters.html Network Solutions and the Alleged Privitization of the Domain Name System The proliferation of the Internet has led to an explosion in the number of registered domain names - those trendy ‘.com’ web addresses that have all but transformed modern business. However, it is interesting to note that internet-accessible computers actually read a series of Internet Protocol “IP” numbers rather than domain names. Because these numbers are random and difficult to remember, the US Government developed a system which links each IP number to a specific domain name. This system is commonly referred to as the domain name system. http://www.wvu.edu/~wvjolt/Arch/Kalos/Kalos.htm Protecting Your "SportsEvent.com:" Athletic Organizations and the Uniform Domain Name Dispute Resolution Policy (2001) This paper discusses how athletic organizations have been able to use the Uniform Domain Name Dispute Resolution Policy (“UDRP”) to protect intellectual property rights on the Internet without engaging in lengthy court proceedings. http://www.wvu.edu/~wvjolt/Arch/Jones/Jones.htm Remedies Against Unlawful Domain Names: A Comparison of Recent Developments under US and German Law (2000) The exponential growth of the Internet has created a new type of legally objectionable conduct known as “cybersquatting”. It occurs when one party, the cybersquatter, registers as its own domain name the distinctive trademark of another. In the United States the recently enacted, Anticybersquatting Consumer Protection Act (“ACPA”) prohibits the bad faith and abusive registration of distinctive marks as Internet domain names with the intent to profit from the goodwill associated with such mark. However, cybersquatting is only one manifestation of the domain conflict. The traditional provisions of the Lanham Act covering trademark infringement and unfair competition provide remedies to trademark holders against the use of certain types of domain names. Furthermore, The Federal Trademark Dilution Act of 1995 provides remedies when “famous” marks are adversely affected by domain names. While the ICANN policy provides for an alternate dispute resolution policy in case of domain name conflicts, the parties are not limited to those procedures and may seek relief in the courts. Consequently, a body of US case law is emerging, addressing domain name conflicts, from which certain general rules of US trademark law can now be identified to provide guidance in this new and explosive field of commerce. http://www.wvu.edu/~wvjolt/Arch/Burk/Burk.htm Berkman Fellow Ben Edelman testifies on Whois The House Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property is hearing testimony on Whois. Edelman presents his statistical analysis of bulk registrations including those of the prolific cybersquatter John Zuccarini who was arrested this month in Florida under that state's new Amber Alert legislation that includes a "Truth in Domain Names" making it a crime to use a misleading domain name "with the intent to deceive a minor into viewing material that is harmful to minors... Zuccarini alleged registered domain names that were slight misspellings of famous names (a practice known as "typosquatting") to lure users to porn sites. http://cyber.law.harvard.edu/people/edelman/pubs/Judiciary-090403.pdf World Wrestling Federation Entertainment, Inc. V. Michael Bosman: ICANN’S Dispute Resolution Policy At Work (2000) This Note will discuss the facts of WWF, the Administrative Panel’s utilization of the UDNDRP, and how the Panel resolved the conflicting interests at issue in this case. Attention will also be paid to the cases relied upon by the Panel as precedent in rendering the decision. The Note will then review the development of the law in this area. Though the adoption of the UDNDRP will obviously be of considerable import, its significance will become more apparent after surveying relevant domain name dispute case law. These cases will show how trademark protection, which at first only protected against infringement, has grown to include protection from dilution, and now with the adoption of the Policy, prevents the abusive registration of domain names. The Note will then analyze WWF in light of the developments of the law, using WWF as an opportunity to look at the Policy itself, examining the level of protection afforded to trademark holders. Finally, this Note will conclude with a discussion of UDNDRP’s future as affected by WWF, as well as any difficulties that may be on the horizon for UDNDRP, particularly in regards to its implementation internationally. http://www.jolt.unc.edu/vol1/wwf.htm Convergence Convergence as a technology concept has been around for decades. Many have predicted the convergence of electronics and entertainment, of PC's and TV's, and more recently of WiFi and cellular. All of these areas are in fact undergoing various degrees of convergence but there is another area that many are not as familiar with. It is called ENUM...The idea can be extremely useful when you consider that most telephones are limited to twelve keys on a keypad. Every try to enter your alphanumeric login ID and password to a web site on a cell phone or Personal Digital Assistant? It is next to impossible! The biggest impact of ENUM will probably be for Voice Over IP (VoIP). In fact, it could be the tipping point. ENUM is a really big deal. http://www.circleid.com/article/329_0_1_0_C The Domain Name Game: Applying Trademark Law to an Internet Tug of War by Deanna L. Kendall (1999) http://www.smu.edu/csr/articles/1999/Fall/Kendall.pdf Trademark Law on the Internet - Mousetrapped http://www.smu.edu/csr/articles/2002/spring/Williams.pdf ===== David Goldstein address: 2/4 Dundas Street COOGEE NSW 2034 AUSTRALIA email: Goldstein_David§yahoo.com.au phone: +61 418 228 605 - mobile; +61 2 9665 0015 - home http://personals.yahoo.com.au - Yahoo! Personals New people, new possibilities. FREE for a limited time.Received on Fri Oct 03 2003 - 00:00:00 UTC
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