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    This discussion has been archived. No new comments can be posted.
    NewTLDs : The Long and Winding Road | Log in/Create an Account | Top | 51 comments | Search Discussion
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    Defensive Registrations
    by BenEdelman on Monday October 27 2003, @07:14PM (#12554)
    User #3219 Info | http://cyber.law.harvard.edu/edelman
    Certainly a new .INFO, for example, is of little use if every existing .COM registrant claims the corresponding .INFO. Then .INFO is merely a tax on existing .COMs -- making .COM registrants worse off, .INFO registrars/registry better off (revenue earned), consumers probably slightly worse off (someone has to pay for the registrations in the long run). So excessive defensive registrations, and the TLDs that encourage them, are a negative.

    But what of a TLD with little or no defensive registrations? If two TLDs were truly the same in every other way, and if the TLD string itself were relatively generic ("INFO" or "WEB" makes the point just fine), wouldn't we feel better about a system that allocated microsoft.info to Microsoft, not a warehouser who also has 500 other names? Surely we don't think it's good for Microsoft to have to pay lawyers some thousands of dollars, and WIPO as much again, to retake the disputed domain later on. Again, I truly mean to run this analysis all else equal -- putting aside the other effects that such policies might have. And of course I choose Microsoft for a particular reason -- Apple (being a dictionary word), Ford (being a person's last name), etc. are clearly somewhat different.
    [ Reply to This | Parent ]
    Defensive Registrations by BenEdelman
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    Re:Defensive Registrations
    by RFassett on Tuesday October 28 2003, @03:55AM (#12557)
    User #3226 Info | http://www.enum.info
    If Microsoft Corp thinks they need to acquire Microsoft.newtld, I think this is their decision to make with proven processes in place to accomplish as much. I would think this decision would be based upon how some third party might be using the registration (to confuse or for reasons of pass off). Right now today, Microsoft.web returns a page not found. If it ever did not, this might trigger Microsoft Corp to act with relatively simple processes in place for them to do so. If Microsoft.web should become "registered" to a third party and therefore "exist" (as if it does not now) but still returns the same page not found as it does today, then what's the difference - for Microsoft or anyone else? I will admit that there is a policing issue here. Sure, Microsoft can afford to police 50 new TLD's (won't like it but can afford it). Small Business, on the other hand, could get spoofed and never know about it until some sort of damage has been done (end user confusion, etc). Someone could register myname.newtld, pretend to be me with the result being some sort of identity theft issue. These are not issues to be discounted when factoring a plethora of new TLD's. In theory, the registry operator would want to negate this happening in order to avoid a tainted, competitive, reputation. But, as we have seen in the DNS arena, it would not be a far stretch to suggest that some may cater to this "market niche" so to speak. Not sure if any of this has anything to do with what Ben is asking :)

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