The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-Dominated World

ISBN-13: 9780415477765 / Angielski / Twarda / 2009 / 296 str.

Konstantinos Komaitis

Opis

In this book Konstantinos Komaitis identifies a tripartite problem - intellectual, institutional and ethical - inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis 'e-property' rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice. The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space. Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens. With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

This book looks at the topic of domain names, evaluating the behaviour of domain names within the rule of law as well as their regulatory frameworks. The book explores the philosophical, procedural, economical, theoretical and scientific contexts which affect the current legal status of domain names, and analyses the current system of adjudication of disputes concerning domain names.

The book looks at the similarities between domain names and trade marks, and how this can be used to determine the property nature of domain names. Drawing on experience from various jurisdictions, including that of the US, Konstantinos Komaitis uses this theory of domain names as property to suggest solutions as to how the regulation of domain names can be reformed.

Spis treści

1. Introduction: Taking on the Sins of ICANN and the UDRP  Part 1: Intellectual Problem  2. Contextualising Property  3. Introducing Trademarks  4. Domain Names: Their Technological, Socio-Economic and Legal Status  Part 2: Institutional Problem  5. History of Domain Name Institutionalization  6. "Lex Domainia" – The New Lex Mercatoria?  7. The UDRP and Arbitration  8. Issues of Procedural Unfairness  9. Free Speech in the Context of the UDRP  10. Regulating Domain Names Nationally: The Case of the Anticybersquatting Consumer Protection Act (ACPA)  11. Applying the UDRP and ACPA in the Right Context  Part 3: Ethical Problem  12. ‘Haves’ and ‘Have-Nots’  Part 4: Themes and Issues  13. Forwards and Backwards  14. Repeating the Same Mistakes: New GTLDs and the IRT Recommendation Report

O autorze

Konstantinos Komaitis (Ph.D, LLM (Strathclyde University) and LLM (University of Sheffield)) is a lecturer at the University of Strathclyde, UK. He was also a member of ICANN's Special Trademark Issues (STI) team and a drafter of the Uniform Rapid Suspension (URS) system.