Get your hands off my .com

1
Get your hands off my .com

• The growing legal and technical implications of
  registering and maintaining domain names

2
Outline

• What are domain names?
• What are the types of domain names?
• What happens when I type in a domain name?
• How do I go about registering a domain of my own?

3
Outline

• Is there such a thing as trademark infringement
  in domain names?
• How do I make money from this?
• Will the current system change soon?
• What will happen further into the future?

4
What are domain names?
Domain names are the familiar and
easy-to-remember names for Internet computers
(e.g. "www.ecommerce.gov"). They map to unique
Internet Protocol (IP) numbers (e.g.
98.37.241.30) that serve as routing addresses on
the Internet. The domain name system (DNS)
translates Internet names into the IP numbers
needed for transmission of information across the
network. -from A PROPOSAL TO IMPROVE TECHNICAL
MANAGEMENT OF INTERNET NAMES AND ADDRESSES
DISCUSSION DRAFT 1/30/98, available at
http//www.ntia.doc.gov/ntiahome/domainname/dnsdrf
t.htm
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History of Domain Names

• Today's Internet is an outgrowth of U.S.
  government investments in packet-switching
  technology and communications networks carried
  out under agreements with the Defense Advanced
  Research Projects Agency (DARPA), the National
  Science Foundation (NSF) and other U.S. research
  agencies.
• Development of networking technologies through
  work at the National Science Foundation (NASF),
  which established the NSFNET as a network for
  research and education.
• In 1992 the U.S. Congress gave NSF statutory
  authority to commercialize the NSFNET, which
  formed the basis for today's Internet.
• As a legacy, major components of the domain name
  system are still performed by or subject to
  agreements with agencies of the U.S. government.

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History of Domain Names

• Major components of the domain name system

• 1) Assignment of numerical addresses to Internet
  users.
• Every Internet computer has a unique IP number.
• The Internet Assigned Numbers Authority (IANA),
  headed by Dr. Jon Postel of the Information
  Sciences Institute (ISI) at the University of
  Southern California, coordinates this system by
  allocating blocks of numerical addresses to
  regional IP registries (ARIN in North America,
  RIPE in Europe, and APNIC in the Asia/Pacific
  region), under contract with DARPA.
• In turn, larger Internet service providers apply
  to the regional IP registries for blocks of IP
  addresses. The recipients of those address blocks
  then reassign addresses to smaller Internet
  service providers and to end users.

• 1) Assignment of numerical addresses to Internet
  users.
• 2) Management of the system of registering names
  for Internet users.
• The domain name space is constructed as a
  hierarchy. It is divided into top-level domains
  (TLDs), with each TLD then divided into
  second-level domains (SLDs), and so on.
• More than 200 national, or country-code, TLDs
  (ccTLDs) are administered by their corresponding
  governments or by private entities. A small set
  of generic top-level domains (gTLDs) do not
  carry any national identifier, but denote the
  intended function of that portion of the domain
  space. For example, .com was established for
  commercial users, .org for not-for-profit
  organizations, and .net for network service
  providers. The registration and propagation of
  these key gTLDs are performed by Network
  Solutions, Inc. (NSI), a Virginia-based company,
  under a five-year cooperative agreement with NSF.
  This agreement includes an optional ramp-down
  period that expires on September 30, 1998.

• 1) Assignment of numerical addresses to Internet
  users.
• 2) Management of the system of registering names
  for Internet users.
• 3) Operation of the root server system.
• The root server system contains authoritative
  databases listing the TLDs so that an Internet
  message can be routed to its destination.
• Currently, NSI operates the "A" root server,
  which maintains the authoritative root database
  and replicates changes to the other root servers
  on a daily basis. Different organizations,
  including NSI, operate the other 12 root servers.
  
• In total, the U.S. government plays a direct role
  in the operation of half of the world's root
  servers. Universal connectivity on the Internet
  cannot be guaranteed without a set of
  authoritative and consistent roots.

1) Assignment of numerical addresses to Internet
users. 2) Management of the system of registering
names for Internet users. 3) Operation of the
root server system. 4) Protocol Assignment. The
Internet protocol suite, as defined by the
Internet Engineering Task Force (IETF), contains
many technical parameters, including protocol
numbers, port numbers, autonomous system numbers,
management information base object identifiers
and others. The common use of these protocols by
the Internet community requires that the
particular values used in these fields be
assigned uniquely. Currently, IANA, under
contract with DARPA, makes these assignments and
maintains a registry of the assigned values.
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What are the types of domain names?

• 6 Types of Domains
• .com (commercial) .edu (educational)
• www.mead.com www.dartmouth.edu
• .net (network service providers)
• www.cybernex.net
• .org (nonprofit and other organizations)
• www.zetapsi.org
• .gov (government) .mil (military)
• www.whitehouse.gov www.army.mil

• There are several kinds of Top Level Domains
  (TLDs), each reserved for specific uses.
• Each country also has a top-level domain of its
  own.
• for example .us, .ca, .tv, .mx, etc...

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What happens when I type in a domain name?
It all starts when you type a domain name into
your Web browser. Your computer has to look up
that name and convert it back into its number in
order to connect to the Web site's computer. To
look up a name, your computer has to query a
computer called a domain-name server (DNS). No
single one of the thousands of name servers knows
all the keys for translating domain names into IP
addresses, and vice versa, on the Internet, but
each server knows the names and numbers of every
user's computer in its corner of the Net. So the
name servers on the Net must talk to each other.
As a result, if just one name server stops
talking to all the other name servers, you'll no
longer be able to look up any addresses
controlled by that machine. And if your Mac stops
talking to your name server, it'll seem as if the
Internet has shut down -even though you're
actually still connected. These name-server
errors can be one of the most frustrating aspects
of being on the Net, and there's little a user
can do about it. -from Master of your domain
Macworld San Francisco Nov 1997 Jason Snell
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How do I go about registering a domain of my own?
Step One Access to the internet Call your
current ISP's customer service department and ask
whether it hosts domain names. If it doesn't or
if you don't yet have direct Internet access,
you're going to need a new ISP. Usually, ISPs
charge a flat monthly fee for maintaining your
domain name. These fees depend on how many people
access your site, but the base rate is
approximately 20 per month. Once you've chosen
the ISP that will host your domain, call or
e-mail the company to request two Internet
protocol (IP) addresses (which come as a string
of numbers like 123.456.78.90) for the servers
that will host your new domain name. You'll
also need to ask your ISP for the name, e-mail
address, telephone number, and postal address of
a technical support contact. Let the company know
that this is the person you'll be telling
InterNIC to contact with technical problems.
Step Two Select a Name You'll next need to
visit the InterNIC Web site at rs.internic.net.
InterNIC is a joint project of Network Solutions,
ATT, and the National Science Foundation to
ensure all Internet users can find Internet
domains that end in .com, .net, .org, or .gov.
InterNIC's Web site includes a thorough
registration tutorial that directs users to check
if a proposed domain name is already in use.
The length of the first part of a domain name
can total up to 22 characters made up of letters,
digits, and a hyphen (-). However, your name
cannot begin or end with a hyphen. You'll also
want to make sure that your proposed name doesn't
violate anyone's trademark. If a company
subsequently claims that your domain infringes on
its trademark, InterNIC will suspend your domain
name until the dispute is settled. In case your
first choice is already taken, submit four
possible names.
Step Three Watch Your Form Now you've got all
the information you need to apply for a domain
name at the InterNIC Web site. (Network Solutions
only accepts electronic submissions.) If your
application includes any errors, it can slow the
registration process from two days to two weeks.
InterNIC registers names on a first-come/first-ser
ved basis. This is when you'll submit the IP
numbers you collected from your ISP along with
your proposed names and contact information.
InterNIC checks to see that the IP address is
valid and then links it to your proposed domain
name. The form asks you for two contacts
administrative and technical.
Step Four Pay Your Fee InterNIC charges a 100
registration fee for each domain name, which
keeps your domain valid for two years. Service is
50 per year thereafter. As long as you continue
to pay the InterNIC fees, you own that domain
name. InterNIC asks you how you prefer to be
invoiced (by e-mail or regular mail). You can fax
or phone in your credit card information or send
a check. The organization does not yet accept
electronic payments. If you decide to have an
ISP register your name, be sure to inquire about
its billing policies and how the yearly InterNIC
fee will be paid. Domain names are portable. If
you change ISPs or decide to set up your own
server, your domain name can go with you. You can
tell InterNIC to redirect all traffic to your new
location by changing the IP numbers.
-from Where you are at Home Office Computing
Boulder Dec 1996 Smith, Victoria Hall
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Is there such a thing as trademark infringement
in domain names?
But there are a few simple rules that have been
established to solve some disputes 1)If the
domain name was registered before a name was
trademarked, you are safe. 2) If the domain name
was registered after a name was trademarked, you
can use the name for 90 days before giving it
up. 3) If you trademark the name.com name, its
yours. 4) If your businesss name is not
trademarked and someone already has the
corresponding domain name, youre out of luck.

• of course there is...

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Is there such a thing as trademark infringement
in domain names?
Todays Lesson TRADEMARK YOUR NAME
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How do I make money from this?

• Making any money from selling domain names is
  increasingly tough.
• Most of the recognizable names and useful names
  are already taken.
• There have supposedly been large sums of money
  spent on acquiring brand-name addresses.
• You can make money for your business, though, by
  registering your unique name on the web
  (ie.,soup4you.com).

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Will the current system change soon?
The pressures for change are coming from many
different quarters

• An increasing percentage of Internet users reside
  outside of the U.S., and those stakeholders want
  a larger voice in Internet coordination.
• As Internet names increasingly have commercial
  value, the decision to add new top-level domains
  cannot continue to be made on an ad hoc basis by
  entities or individuals that are not formally
  accountable to the Internet community.
• As the Internet becomes commercial, it becomes
  inappropriate for U.S. research agencies (NSF and
  DARPA) to participate in and fund these
  functions.

• There is widespread dissatisfaction about the
  absence of competition in domain name
  registration.
• Mechanisms for resolving conflict between
  trademark holders and domain name holders are
  expensive and cumbersome.
• Without changes, a proliferation of lawsuits
  could lead to chaos as tribunals around the world
  apply the antitrust law and intellectual property
  law of their jurisdictions to the Internet.
• Many commercial interests, staking their future
  on the successful growth of the Internet, are
  calling for a more formal and robust management
  structure.

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What will happen further into the future?
There has been talk of expanding the current set
of top level domain names. Possible additions
include .store (E-COMMERCE!) .web (web related
businesses) .arts (galleries and the like) .info
(for city guides, etc) .firm (law firms,
etc) .nom (personal names) .rec
(recreation/entertainment)
Network Solutions contract to be the exclusive
registrar of domain names has run out. There are
now 5 different companies sharing the
responsibility of registering domain names.
InterNIC NSI Registry Network Solutions, Inc.