I saw a very troubling stat on the blog last night.
A post I did a month ago about a joke going around around the Internet about domain names, got 5 times the readership as the post I wrote on Friday about the comment period closing on the URS proposal, which would give trademark holders a fast track to take down any domain that had a trademark and was parked.
Only 64 of you had the interest to read about something that would, not could, cause you to have domains taken away from you.
I will be posting my comment to ICANN tomorrow morning.
I urge you to take an hour, read about this proposal and compose a response to ICANN.
If you want to wait for my comments to appear and refer to them in your comment, that’s fine, but get it in your head that tomorrow you are going to have to file something in response to this proposal.
My Response:
Has it ever crossed any one’s mind that the domain industry might last a bit longer than the companies who are fighting for their TMs? Just because something is popular one moment, within 5 years it could be completely disbanded. And now the domains they reverse-hijacked or payed to acquire legally are not even relevant.
The entire lawsuit scheme is getting out of control in this industry, and companies are even suing for generic two letter domains. If you buy a piece of land, which is what domains are supposed to be based on. No lawyer can come up to you and say you are squatting on your own land. So who in their right mind came up with the idea of suing for domain property? And who can domainers trust to secure their assets? ICANN? The Arbitration Forum? Lawyers, who go wherever loyalty is valued the most? We have no one, we are the underdog, but we will continue to fight. We have a strength in ways the corporate fear mongering community doesn’t. We have individuals, smarter, more creative, and better than they will ever be. They are just the piss ants we have to overcome, not the other way around.
I am now truly scared that all my domains are just going to be gobbled up by corporations who are just greedy entities that have no soul. Microsoft may be big dawg, but I don’t respect them — they stole every idea they’ve ever had. Yet they are able to take the moral high ground? Microsoft has already taken over tons of Internet real estate using unresolved wild card domains to display their “windows live” search. Which generates an income stream from URLs that would otherwise go to a blank page. And again… They are taking the moral high ground? It’s ironic that the corporations are deciding what is right and what is wrong, creating new law, in a republic life fashion. Don’t we live in a democracy? They know if there was a voting system, the URS would be thrown out in the blink of an eye.
Evidence of flawed UDRP decisions: (This is just a fraction of the injustice and shady business going on at the Arbitration Forum)
Rocky.com >transferred
LH.com >transferred
LH.com >transferred (READ IT OVER AND OVER AGAIN)
RedBullSucks.com >transferred (FREEDOM OF SPEECH DENIED)
hänchen.com >transferred (Chicken in German)
Worst UDRP Decisions Ever? Not quite:
SmoothMove.com >transferred (REALLY?)
There is really a grey area here, that we as domain investors are facing. Some of us do not plan on developing our portfolios, but have invested large amounts of money and hard work to obtain them. There are people that have a strong opinion that if a domain is not developed it is fair game. It surely seems like a step in the right direction, but shouldn’t it be the owners choice to make? Like when you see a nice open lot in a downtown area, given this perspective someone should be able to just waltz up onto that property and build a nice skyscraper. It’s not like the land-owner was using it, right?
If ICANN is looking to change its ways and do good, do it! A URS program designed to side with greedy corporations, who have no concept of the Internet or where their boundaries end will only leave one side happy. The Internet used to be the last place where true freedom excised. Now you can’t do anything without a literally invincible corporate legal team riding your ass. It is just disgusting that money and greed is all we think about. But we don’t think about the few innocent people who have been robbed of what could be their life’s greatest investment. All taken away by a few pennies thrown at the WIPO panel. You think they can’t be bribed? We all know they are just as corrupted as the lawyers who work for soon to be bankrupted companies. Fighting to secure assets that wont even exist in 10 years. But WHO CARES ABOUT THE DOMAINERS, THE INDIVIDUALS, AND THE PEOPLE? We just started the revolution. Now they want a piece, and think it’s not fair? IT’S NOT FAIR? WELL IT WASN’T YOURS TO BEGIN WITH.
Warm Regards,
The ENTIRE INTERNET except for Wal*Mart, Coca-Cola, McDonalds, and everything else that is evil in America
Kudos to Berkens for being on top of this, and motivating everyone to UNITE and FIGHT against the URS.
Michael,
Could you email me a copy of your comment? After reading your article/post, I would like to compose one of my own, but I feel I could use a little guidance. Thank you.
Michael,
Thank you for your excellent coverage. You’ve spurred me into action, I’ve joined the ICA and made a comment. I just wanted to offer the following future business plan for consideration.
Step 1: License trademark from existing holder.
Step 2: Target generic domain/top ranking site/competitor* with URS. (*delete as appropriate)
Step 3: ????.
Step 4: Profit.
Thanks again,
Jonathan
HAD ENOUGH
We are at a major cross roads in the United States. Getting involve is not a spectator sport anymore. Every day things are getting worse in our country and most people are siting on their ASS.
When good men do nothing. In the movie Brave Heart there is a part where Mel Gibson asks some of the men before they desert the battle field.
What would you do if you only had one chance,JUST ONE. To fight. To fight on this battle field for your freedom.
Its your domain names, its your FREEDOM and tomorrow it will be something else.
I’m going too FIGHT…fight with me…bleed with me….we won’t get another chance too save ourselves or our country.
Corporate America is, by and large, sleazy. No, let me rephrase that….shamelessly sleazy, and proud of it. That is why I always love to be on jury duty against one of these scumbags. It just sort of…well…feels so good.
I sent an email via the info at dnj last week…fast and easy folks…will take you about 60 seconds of your time
Here is what we sent to ICANN this morning:
“Our company holds several Federal trademarks. We certainly understand the need to protect legitimate trademark rights from those seeking to profit off years of built up mark equity and investment. We have even gone so far as to file legal proceedings in Federal court to protect our rights.
Yet this URS proposal, as we have read it, would only further weaken the entire system for both sides. There is already a UDRP system in place which itself has been abused over the years. Having a watered down version like the URS would only make it easier for greedy infringes on both sides of the fence.
A strengthening of the current UDRP system is what needs to happen. Make the penalties for infringing individuals, companies and hijackers (reverse) stiffer. Force registrars to live up to their contract obligations with ICANN. Draw a clear line in the sand and not let lawyers or special interest groups rewrite the rules, which is what has happened with the UDRP and the current URS proposal.” Nation Press, LLC
UPDATE
We have published the comment we are going to submit to ICANN today:
http://www.thedomains.com/2009/07/06/our-comments-to-icann-on-the-urs/
UPDATE 2
If you want to see all posted comments to ICANN click on this link:
http://forum.icann.org/lists/irt-final-report/index.html
Ken
I agree with you. The UDRP which has had thousands of decisions needs to be revamped to protect both sides rather than a new system which is ripe for abuse.