Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    The Patents Are Coming | Log in/Create an Account | Top | 37 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re:Prior Art
    by jberryhill on Tuesday May 13 2003, @05:49AM (#11608)
    User #3013 Info
    Too bad you didn't have it in 1996, when it would have some relevance to the validity of this patent. Yes, your 'Ferret' application is a prime example of an infringement of this Verisign patent.

    Since you immediately recognize the relevance of the patent claims to your "Ferret" application, but you don't seem to appreciate that "late 1999" is well past the effective date of this patent, this could be the first time I have ever seen anyone admit patent infringement on a public bulletin board.

    For willful infringement, you can multiply monetary damages by 3X, and pay Verisign's attorneys' fees.

    But don't feel too bad. It is beyond clear that pretty much every registrar performs the patented method, so it may be a while before Verisign gets around to suing you.

    Of course, turning back to 1997, one might have thought, "Hmmmm.... I have a monopoly business that someday might be opened to competition... Now, what might I do to 'welcome' the competition but eventually gain an advantage..."

    This, by the way, is hardly the only Verisign patent application that has been in the pipeline. If you think about everything they were doing in the late 1990's, and the fact that they were the first and only ones doing it...
    [ Reply to This | Parent ]
    Re:Prior Art by jberryhill
    Re:Prior Art
    by PeterBarron (pebarron@hotmail.com) on Wednesday May 14 2003, @04:51AM (#11625)
    User #3240 Info | http://www.icannwatch.org/
    They weren't the first and only ones doing it.

    [ Reply to This | Parent ]
    Re:Prior Art
    by jberryhill on Wednesday May 14 2003, @07:13AM (#11629)
    User #3013 Info
    "Most registrars to not use DNS servers to check availability of domains. "

    That is a very good point, however it is important to understand a few things about how to interpret patent claims.

    Thing 1 - Avoiding infringement is not a game of wordplay, but one of substance. One can be found liable for infringement even if one literally avoids a feature of the claim, under the Doctrine of Equivalents by which a claim element may be understood to embrace the use of other elements which are not substantially different.

    Thing 2 - The starting point for interpreting what might be included within the language of the claim is the specification of the patent itself. A patentee is entitled to be his own lexicographer, and it may well be that the what they mean by "DNS Server" is understood within the text of the patent to have a meaning that is not in exact correspondence with what you might otherwise think it means in a vacuum. Patents do tend to often be written by attorneys who are not sensitive to the nuances of meaning among various technical terms (although all US patent attorneys are required to have at least the equivalent of an undergraduate degree in one of a specified set of technical disciplines).

    But, yes, you have a very good point.
    [ Reply to This | Parent ]
    • 1 reply beneath your current threshold.
  • 1 reply beneath your current threshold.

  • Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com