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Posts Tagged ‘domain name lawyers’

Up to one million users who have modified their Xbox game consoles to play pirated games have blocked from logging onto their online accounts.

Microsoft has said that:

“all consumers should know that piracy is illegal and that modifying their Xbox console to play pirated discs violates the Xbox Live terms of use, will void their warranty and result in a ban from Xbox Live.”

Machines which are physically altered by attaching extra chips and other hardware violate Microsoft’s terms of use. Although Microsoft can do little to prevent offenders from using their machines to play pirate games, they can cut of online access which in many cases will cut off access to large parts of the game as more and more titles promote an online play element.

Online piracy is becoming an issue of growing concern for the entertainment industry.  Industries have to implement new techniques to prevent piracy from occurring. The music and film industry in the UK has lobbied for the new “three strikes” policy which comes into effect in April 2010. This will require ISPs to suspend internet services of those who ignore piracy warnings.

These new regulatory measures come as a backdrop to the AFACT/IINET case being fought in The Federal Court, about ISPs allegedly allowing copyright infringers to use ISP services.

Tags: domain name lawyers, ISP Lawyers, ISP piracy, IT Lawyers, Telecommunications Lawyers
Posted in General, ISP and Telco Law, IT Law | Comments Off

After an 11 year process, ICANN has signed a historic agreement with the US Department of Commerce, which affirms its role as the supreme manager of the global domain name system.

In 1998 ICANN was set up by the US Government under the oversight of the US Government. Although sometimes controversial and subject to debate, ICANN has managed to successfully guide the global domain name system. ICANN’s most recent meeting was held in Sydney, and was attended by industry participants including Cooper Mills Lawyers.

According to ICANN:

When ICANN was created in 1998, with the assistance of the United States Government, a memorandum of understanding (MOU) process was started with the objective of achieving a noble goal: the coordination of the Internet’s unique identifiers by the private sector through a not-for-profit organization where policies were developed from the bottom up.

The signing of the Affirmation determines once and for all that this model works.

The JPA was the seventh amendment of the original MOU.  Over the years there have been thirteen report cards on performance of responsibilities to the US Department of Commerce alone.  So why is the Affirmation of Commitments a further step in progress and internationalization of the ICANN model?

It commits ICANN to remaining a private not for profit organization. It declares ICANN is independent and is not controlled by any one entity. It commits ICANN to reviews performed BY THE COMMUNITY – a further recognition that the multi-stakeholder model is robust enough to review itself.

The full text of the Affirmation between ICANN and the US Department of Commerce is available here.

Whilst this is a historic step it is not likely to affect business as usual at ICANN. This Agreement comes at an important time with the introduction of IPV6 and new TLDs among, the host of other challenges facing ICANN.

Tags: domain law, domain lawyers, domain name law, domain name lawyers, domain name regulation, ICANN
Posted in Domain law and domaining, General | Comments Off

Yesterday we received notification from auDA (the .au Domain Name Regulator) that they had instigated a review into the Domain Renewal Expiry and Deletion Policy.

According to auDA the review will focus on:

• 1. Whether the current 30 day pending delete period for expired domain names (ie. where the registrant has not renewed their domain name) is appropriate.
  2. Whether the current “domain purge” procedure (ie. where domain names are purged from the registry at a random time between 10.30am and 5.00pm AEST on the next business day after the pending delete period ends) is effective.
  3. What action (if any) auDA should take in relation to unofficial domain drop lists, and the domain-catching services being provided by some accredited registrars and other industry participants.

At the risk of sounding pessimistic, auDA may be using this review as a cover to stifle innovation by putting a stop to, or restricting domain drop lists and auctions. auDA needs to carefully consider these issues, the .au name space is already over regulated by world standards, the last thing we need is more regulation.

We have been asked to make a submission on behalf of Australian domainers – without speculating on what our submissions will say, it is clear that there is great support for the drop lists and auctions.

If you are a domainer and you would like to make submissions, we encourage you to contact us so that we can combine your comments / views with our broader submissions to this review.

Tags: auDA, domain law, domain lawyers, domain name law, domain name lawyers
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We were recently riding a tram in Melbourne when we noticed a Tourism Australia campaign entitled No Leave No Life.

Being domain lawyers, the first thing that stood out to us was the very prominent use of the of the domain name noleavenolife.com. This got us thinking, why don’ t Tourism Australia, or other many Australian businesses use the a .au domain name. One simple explanation is that one wasn’t available, but we suspect the issue is a little deeper than first thought. In our view it is one of publicity and awareness, or a lack of it.

We regularly see promotions and campaigns which use a GTLD such as .com, but what is peculiar about this new Tourism Australia campaign is that it is targeted at an internal audience (yes Australian employees and employers), yet a .com is used. Is this because of a lack of awareness ? We think that this may be the answer in many situations (although not all). The .au space does not receive enough promotion. This is more evident in light of the impending launch of new GTLD’s discussed at ICANN’s meeting in Sydney last week, where we attended with some fanfare the ‘launch for a bid’ for the .food GTLD by celebrity chef Wolfgang Puch.

For Domainers one of the most telling signs of a lack of demand in the .au domain space, are the relatively low sale prices for what would otherwise be premium domains in most other GTLDs. One only has to look at www.netfleet.com.au to see what the market is valuing names at.

We don’t recall any recent campaigns to promote the .au name space, yet that is what is needed. For example .Asia has been heavily promoted in movies and music, maybe this is what the .au space needs.

Although, the public expect that auDA has a responsibility promote the .au space, auDA’s constitution does not make specific reference to the marketing and promotion of the .au domain space. To auDA’s credit they have in the past advertised in the press and given away base ball caps, something more needs to be done so that Australian domain owners can get the full benefit of their domain space. Maybe they could start by writing to Tourism Australia.

PS. auDA may want to check out the .nz Domain Commission, whose most recent “.nz is our home” campaign is doing precisely what the .au space needs a large scale awareness program!

Tags: .au Domain Law, .au Domaining, domain law, domain lawyers, domain name lawyers, domainer, domaining
Posted in Domain law and domaining, General | Comments Off

Paul Twomey CEO and President of ICANN yesterday announced that he would not be seeking to renew his contract with ICANN, at the expiration of its term this year, and will move on at this end of the year.

Twomey made his announcement in front of 1200 delegates at ICANN’s 34th International Public Meeting in Mexico City.

Twomey said:

“Last year, I told the Board that I did not want to renew my contract as President and CEO for another 3 year term,” said Twomey. “While I am deeply and personally committed to ICANN and its success, I think this is the right time for me to move on to another leadership position in the private or international sectors.”

Twomey became CEO and President of ICANN in 2003 after 4 years as Chairman of ICANN’s Governmental Advisory Committee (GAC), after a distinguished career.

Tags: domain law, domain lawyers, domain name law, domain name lawyers
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According to the Internet Commerce Association (ICA), the US State of New York has incorporated computers within the definition of gambling devices, in a pre-emptive move to avoid legal uncertainty over the definition of ‘gambling device’ in its own gaming laws.

According to the ICA:

The bill, A. 3079, would add a computer used for illegal gambling to the Penal Law’s definition of a “gambling device”.

These changes have been prompted by the long running 141 Domain Names case in Kentucky, that we have eagerly been following. As we reported in our last post on this case, the State of Kentucky had ‘appealed the appeal’ after losing.

Cooper Mills IT Lawyers are in close contact with the ICA who was fortunate enough to be heard by the Court, in the interests of its members, even though it was not directly a party to the proceeding. We hope to bring you more on this case as soon as there are further developments.

Tags: domain law, Domain Law Lawyers, domain name law, domain name lawyers, IT Law, IT Lawyers
Posted in Domain law and domaining, IT Law | Comments Off

ICANN, The Internet Corporation for Assigned Names and Numbers has just released the its Draft Applicant Guide Book for applicants wishing to register a new gTLD (top level domain). This brings us one step closer to the reality of new top level domains.

ICANN states that one of its “foundational principles has been to promote competition in the domain-name marketplace while ensuring Internet security and stability.” . With the soon to open gTLD application rounds it is hoped that applicants will apply for new gTLDs, and promote competition in the marketplace for existing gTLDs.

The possibilities appear to be endless, for example some suggestions have come from corporate organisations – for example Coca Cola could apply for the .coke gTLD or Pepsi could apply for the .pepsi gTLD. With a price tag of approximately $200,000, it is not likely that anyone other than corporates or cashed up entrepaneurs will be in a position to launch a gTLD – but it will only be a matter of time before a profitable business model will be developed giving new gTLDs broader accessibility.

As a consequence, ICANN claims that the “expansion will allow for more innovation, choice and change to the Internet’s addressing system, now constrained by only 21 generic top-level domain names. In a world with 1.5 billion Internet users—and growing—diversity, choice and competition are key to the continued success and reach of the global network.”

This is a positive, allowing for more flexibility and competition – but opponents argue that it will diminish the value of existing gTLDs, which are now a very limited commodity in light of the fact that almost all the good generic names have been registered in the existing gTLD space.

Only time will tell…..

Tags: domain law, domain lawyers, domain name law, domain name lawyers, ICANN
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