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Michael Mann On Domain Hoarding By Registrars and The WLS

This is a guest post by Michael Mann, who is responsible for this content.

Michael started and later sold, BuyDomains.com, and was a pioneer in the domain industry.  Michael more recently started a charitable organization GrassRoots.org whose banners frequent appear across networks of parked pages:

“”””In this case the illegal hoarding of domains by registrars, started by NSI, in cahoots with SnapNames and now NameJet who won monopolistice contracts from the hoarding monopoly, has been going on for some time.

Register.com was quick to catch on too.

Its incredibly illegal and against the interests of domain consumers. Whether the name is a good name and sold or auctioned is irrelevant. The registrars have a conflict and are happy when a good name of their customers is not re-registered. They can establish no legal rights at all to the domain, can only steal and hoard it.

It becomes “uninvented” once unpaid and if legally deleted,  its up to the next registrant in line to “re-invent” and re-register an unlimited number of variations and just register the ones they want.

Moreover they don’t have the skills to create value in the names anyhow, they have no idea what their values are or how to monetize them, and count on value added speculators to subsidize their illegal activities.

Suffice to say that NSI, RCOM, Tucows and ICANN are totally full of crap and in cahoots working on this scam.

They are an unregulated mob conspiring to work against the interests of domain consumers and all domain registrants and people who care about fairness should fight.

You can also read this on topic

However the WLS proposed by VeriSign several years ago is also unfair.  I wrote about this extensively years ago when the proposal was introduced and I repeat that I made then about the WLS:

“”””””Right now a person invents and registers a domain and must pay a yearly fee to a registrar (that registrar is supposed to have the right to compete). The registrar then has to pay their competitor (the registry Verisign monopoly) as agreed to by ICANN and the Dept of Commerce. This would be fair so far if there was not a monopoly on the back end Registry. Each registrar does in fact get to play in this scenario. Now if the registrant chooses not to renew their domain after it expires the name ceases to exist by default, since it’s not legal if unpaid.

THERE IS NO SCENARIO WHEREIN THE GOVERNMENT EVER CONTEMPLATED VERISIGN OWNING OR CONTROLLING THIS DOMAIN INVENTED BY A COMMON CONSUMER, ONCE EXPIRED, AS THE WLS ATTEMPTS.

Once it ceases to exist, according to the years long practice of being deleted, it is then available to be “re-invented” and re-registered. Any registrar is supposed to have the right to register any domain that is not currently owned by someone else including all the ones that once existed.

There is absolutely no excuse for the name to revert to Verisign for them to resell to the market at massively inflated rates – and obviously it breaches current government agreements for it to be over in any case.

The current drop system is very fair.

Every ICANN registrar gets the exact same number of connections and has an equal chance of getting a name for any of their customers who request the purchase. There are ample resources, funds, and profits at Verisign to support the existing structure. As proposed, the current systems will still exist in parallel with the WLS, and the vast majority of names would be purchased at the former since they are less expensive. In justifying the WLS, Verisign has claimed they seek to cut the costs of the Registry systems. Are they now saying running two systems in parallel will be less expensive than one? If it is less expensive then why an increase in prices?

They already appear inept at running the current system even with about 0 Million a year in Registry revenue, most of which is likely profits. Should they now get to take another market without the explicit approval of the Commerce Department, who originally only authorized a fee and thereby attempted to control the monopoly?

Did Verisign offer to let another company control the WLS in the name of the ”fairness” they pretend to be concerned with? Why should Verisign be the monopolist of the WLS as opposed to a competitor?

Also the Verisign Registrar is the current registrar of record for the vast majority of names being deleted due to the 20 Million plus legacy domains inherited from their former NSI monopoly. They control and are the only ones who know when these 20 million domains are going to be deleted (if ever) and therefore have an unfair advantage in selling WLS subscriptions via their Registrar (the other side of their hollow Chinese wall).

Illegally Selling Options Contracts:

Also disturbing is that the WLS ultimately proposes selling an option on someone else’s property.

There is oftentimes no service even performed, if the name is renewed by its owner.

I imagine Verisign will get sued by many companies who didn’t appreciate their property being auctioned off while they were still a domain customer in paid status and in good standing.

All the while Verisign proposes to take money on any given domain three or more times plus all the yearly renewals, once from the current registrant;  and a second payment of  from whoever gets on the “waiting list” through their registrar of choice; and actually a third time if the target domain is deleted via the WLS process and turns in to a new registration that would be yet another $6.86 for their Registry and another -$35 if it’s the Verisgn Registar’s customer. Then the cycle can repeat itself endlessly if someone else places a WLS subscription.

I firmly believe that the government, ICANN, competitors, and consumers must be assertive in preventing this illegitimate service from ever reaching market before further harm is done to domain consumers.



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Microsoft’s “Paying People To Click” is Working: But How Well?

Microsoft Corp. said Thursday that paying people to use its Internet search engine is attracting new consumers, although there is little evidence that those people are making a habit of it.

Under Microsoft’s Cashback program, the company rewards shoppers with rebates from a few cents to $20 or more on items they find using its Live Search engine.

When Microsoft began Cashback, the company said it would measure its success by the number of items advertised in the system, growth in its share of searches that lead to transactions online, and how happy merchants are with returns on their investment in Cashback ads.

In an interview, Frederick Savoye, a senior director of product management for Live Search, said the number of items advertised on Cashback has grown to 13 million, from 10 million at launch.

According to Microsoft, clients like eBay Inc. and HP say the ads they place on the Cashback site perform better than other paid search advertisements online.

A study conducted at Microsoft’s request by research group comScore Inc. found that the software maker snagged 12.9 percent of product searches in the second quarter of the year. That’s better than Microsoft’s overall share of U.S. search queries, which was around 9 percent in that quarter.

However, overall search leader Google Inc. and No. 2 Yahoo Inc. both still outpace Microsoft in commercial queries, nabbing 58.2 percent and 24.3 percent, respectively.

Savoye said that 4.5 million people have been using Cashback every month since it started, and that the program has been effective in boosting Microsoft’s overall search share.

Data from comScore, however, show Microsoft’s search share rose less than a point to 9.2 percent in June, the month after Cashback launched.

In July, Live Search’s share dropped to 8.9 percent.

Looks like the pay to click model boosted up search share initially but it’s success if measured by search share is short lived.



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ENOM Starts “Business Listing Service” For Domains

Enom just announced a new service for domain names called the “Business Listing Service” for $20 per year, per domain.

According to their announcement:

“”””Enom.com says Business Listing service is an incredibly easy and cost-effective way for you to increase your online visibility and boost website traffic

Use the power of your domain and enhance your domain registration information, which may be visible to millions of people searching for businesses just like yours. Add relevant contact information, telephone numbers, business hours, domains for sale, promotions and more!

Purchase Business Listing on your domain for $20.00 per year.

  • Promote critical details about your business through your domain registration information–searched by millions of consumers through eNom, other domain registrars, and several search engine web crawlers.
  • Add your Business Listing in up to 5 separate categories located on the Whois Business Listings directory, www.whoisbusinesslisting.com.

Increase your online visibility through major search engines (although it doesn’t explain how it does this)

In as little as 10 minutes, you can promote your Business Listing to 1.6 million daily searchers! Business Listing allows you to customize and advertise your site through your WHOIS information—the required domain name registration information. Now you can add contact information, business hours, domains for sale, blogs, and more!

Business Listing gives you the ability to customize your WHOIS information and show your site at www.whoisbusinesslistings.com.

Benefits of Business Listing

  • Drive traffic to your website
  • Visible through major search engines
  • Select from 4 customizable templates or build your own
  • Easily manage 1 or multiple domains
  • Whois results display your custom information (at eNom and other registrars)
  • Add ID protect for ultimate Whois control

Off hand I don’t get it as it seems to be a glorified whois service



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Kentucky Appeals Court Stops Action On Kentucky Domain Seizures

The Interactive Media Entertainment & Gaming Association (iMEGA) has announced that the Court of Appeals of Kentucky has granted a motion to stay the forfeiture hearing for 141 Internet domain names.

The order issued yesterday prohibits Wingate from holding a forfeiture hearing scheduled for Dec. 3 and stays all action until oral arguments are held before the Court of Appeals on December 12th.

“We’re pleased that the Court of Appeals has given us the opportunity to challenge these seizures,” said Joe Brennan Jr., iMEGA’s chairman. “The commonwealth has tried to take these domains for their own financial gain, violating Kentucky law, exceeding their jurisdiction, and setting a terrible precedent in the process.”

In it’s petition, iMEGA contended that the lower court misapplied Kentucky’s “gambling devices” law in order when It comes to calling domain names gambling devices. iMEGA also argued that Kentucky’s actions violate the Commerce Clause of the US Constitution, and that the Commonwealth lacked the authority to initiate the seizure action in the first place.

“This matter has generated concerns across the online world about abuse of governmental power,” said Brennan. “Kentucky is opening the door for any government – state and local, foreign and domestic – to use what amounts to blackmail to achieve its ends. If this precedent is allowed to stand, it’s not hard to imagine a government like China utilizing this kind of seizure power to prevent free media, like the New York Times, from reaching their citizens.”

None of the 141 domain names are owned by individuals or companies are located in Kentucky.

According to reports, Kentucky Attorney General Jack Conway has apparently distanced himself from the domains case.

On Friday it the Attorney General asked to have his name removed from the Interactive Media Entertainment & Gaming Association’s court filings in the matter. Reports earlier this year claimed that the AG had refused to be drawn into, or comment on, the issue.

Yesterday we reported that the ACLU, the Center for Democracy and Technology, and the Electronic Frontier Foundation filed a petition with the Kentucky Court of Appeals, asking the court to overturn rulings on the domain seizure issue made on September 18th and October 16th by Franklin Circuit Judge Wingate.

The three civil liberties groups argued that Wingate’s order raises serious free-speech concerns and violates the Commerce Clause of the U.S. Constitution, which says the U.S. Congress has the power to regulate commerce between U.S. states. The judge also does not have the jurisdiction to force domain name registrars to turn over the domain names.

Lawyers for the groups wrote.

“If allowed to stand, the courts flawed order would needlessly create uncertainty about the basic rules governing the operation of the Internet as well as the authority of courts both inside and outside of the United States to affect behavior in other jurisdictions,” the groups wrote. “Moreover, if carried to its logical conclusion, the trial court’s order could well impose literally billions of dollars of additional costs on individuals and businesses throughout the world that have no significant contacts with Kentucky.”



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PubCon On Effective Domain Strategies & Trademark Laws and Domains

The Pubcon show, Webmaster World, is going on in Las Vegas this week.

There are some interesting sessions and some transcripts coming out of those sessions you can check out

The first one is on the topic of effective domain strategies.

The Panel was comprised of Jeremy Wright, CEO, B5Media; Jeff Libert, CEO of DirectoryCompany.com; Grace Della, CEO of Ten Golden Rules and Victor Pitts VP of Sales & Client Services for  Moniker.

The second panel was to discuss trademarks and domain names and the legal issues involved.

That panel was comprise of:

Deborah Wilcox, Partner, Baker & Hostetler LLP
Clarke Walton, Founder, Walton Law Firm
David Naffziger, President & CEO, BrandVerity, Inc.

In that session a pretty scary story of punchclock.com and the judgment, that one of the speakers was able to obtain against the former domain holder.

Check both of these out.



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WhoCanISue.com? Maybe This Guy

Driving back to Florida last week,  I couldn’t help notice a couple of billboards for the domain WhoCanISue.com.

Then a few days ago I saw some bus stops and benches for the same domain around town.

So I did what any good domainer would do, ran to see if the dom

ain, CanISue.com was registered.

Not surprisingly the domain was registered and of course, not to the same company paying all that money for the billboards and bus stop advertising.

I was also not shocked to see, when I visited CanISue.com, that the owner was selling the domain.

However, I was quite surprised to see the candor of the owner of the domain on the page he set up.

Not only was he selling the domain, but solely due to the success of the site, WhoCanISue.com, and the likely confusion of typos to his site, and the great reputation of the owner of WhoCanISue.com.

So here’s how his story goes:

“”””Last week a coworker tells me that they heard an advertisment on the radio for a company….WHOCANISUE.com. They are a very reputable company who have already been to the American Bar Association Convention and even time magazine!

I feel that if the company does well and I think they will, there will be many people accidentally falling onto my website. I mean how many times do you type www.google.com, misspell the word and get redirected to another website. Bottom Line: I am putting my domain www.canisue.com up for sale”””

His price is undisclosed but he is accepting offers.

You have to admire this guys honesty, don’t you?

Should the owner of WhoCanISue.com answer his own question and sue this guy?

The term is WhoCanISue is not trademarked (the site indicates it is but there is nothing in the US database), but there is such a thing as a common law trademark.

Common Law trademarks are much harder to prove, than registered ones, but here is the owner of a domain, saying he is selling the domain because of the success, the marketing and reputation of the owner of the domain WhoCanISue.com.

And of course if your going to screw with a site why not go after one belong to group dealing with lawyers?

The domain CanIsue.com was recently registered, on July 10, 2008,  well after the ads appeared.

You could say its just another example of a company not doing defensive registrations before engaging in expensive ad campaigns, but the company who owns the domain WhoCanISue.com, did register a variation of the domain, by registering, WhoCanYouSue.com back on June 23,2008, prior to the registration of CanISue.com

I guess the owners knew the value of defensive registration but just didn’t think of some of the obvious possible combination’s.

Guess its really example of that marketing companies,  don’t think like domainers.

Maybe marketing companies, should hire a domain consultant, like they hire an SEO company, to protect them against such simple, but costly mistakes.

The final question is, can you sue yourself for negligence?

And yes the domain CanYouSueYourself.com is still available as of publication.



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Australian IT: “Release ICANN From The Clutches Of The US Government”

Last week we wrote a post on what our predictions were for the President elect Obama’s administration as it relates to the domain industry.

One of our predictions was that the new administration would let ICANN go from US control.

Today a The Australian IT published an article,  already putting the pressure on the new administration to give up control of ICANN.

Australian IT is a widely read publication, (Alexa ranking of 507; Compete.com monthly traffic estimate of 1.6 million people).

“”””Twomey (head of ICANN) is Australian, a former McKinsey consultant and one-time senior Australian tech bureaucrat, and his main Washington lobbyist, Paul Levins, is also an Aussie.

“”””It will be a job well done if they can convince Obama to finally release ICANN from the clutches of the US Government.”””””

Expect this to be a big issue in the coming year since ICANN agreement with the US commerce Department is up for review next September.



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New Free Cool Tool: How Famous is Your Domain?

We found this new cool free domain ranking tool at DNfame.com

With one click you can find out a domains: Pagerank, Alexa Rank, Complete Rank, Quantcast Rank, the number of backlinks in the search engines, and social bookmarking links.

So I ran it for this site, thedomains.com and it came back instantly with the following info:

pr Google Pagerank: 6
alexa Alexa Rank: 79,814
Famous Rank Famous Rank: 9/10 *
complete Complete Rank: 121,999
quant Quantcast Rank: 1,786,596
technorati Technorati Rank: 68,933
technorati Technorati Authority: 87

Listings Data

dmoz DMOZ Listings: 0
yahoo Yahoo Directory Listed: No
wayback machine Archive.org Results: 18

Search Engine Backlinks

google Google Backlinks: 3,420
yahoo Yahoo Backlinks: 257
alltheweb AlltheWeb Search Backlinks: 7,760
altavista AltaVista Search Backlinks: 9,560
alexa Alexa Search Backlinks: 49
lycos Lycos Search Backlinks: 192
cuil Cuil Search Backlinks: 217

Social Resources

del.icio.us del.icio.us Bookmarks: 0
furl Furl Links: 0
reddit Reddit Links: 3
su.bscri.be su.bscri.be Links: 0
faves Faves Bookmarks: 0
clipmarks Clipmark Clips: 0
blogmarks Blogmarks Marks: 0
propeller Propeller Stories: 0
jumptags Jumptags Bookmarks: 0



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“Joe” Could Have Made NameMedia 6 Figures

Subscribe to Elliot's BlogSo we all know the story about Joe the Plumber, the guy from Ohio. We also know about how a different Joe in Texas has been made several 6 figure offers for JoeThePlumber.com, his business domain name. However, what hasn’t been reported is the fact that Joe bought the name from BuyDomains.com just last year. Although I can’t find the price he paid, my bet is it’s less than a few thousand dollars – a nice ROI!

JoeThePlumber.com

JoeThePlumber.com



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What is a Domain Really Worth?

I read an interesting blog post written by Tim Berry on Entrepreneur Blog Network. Tim discusses a brief email conversation he had with the owner of SWOT.com who had cold-called him regarding the sale of the domain name. It’s interesting to see Tim’s (and his reader’s) perspectives of domain values vs. my own perspectives.  I was going to comment in his post, but it was fairly long and I decided to respond below.

Just wanted to clear up a couple of misconceptions about domain names.  Just because there isn’t a website, doesn’t mean there isn’t traffic as your reply to the domain owner would indicate – “However, you have no traffic. [Ed. note: He doesn't. The domain is owned, but there's no site.]“ Direct navigation traffic, where people type their keyword and .com, is one of the most powerful forms of traffic.  Before CNN paid $750,000 (yes, $750,000!) for iReport.com, there was no website, but some people probably typed-in the domain name.  The name sold for such a high amount because CNN needed it and the previous owner didn’t need the money enough to sell it for less.

Domain names are virtual real estate.  I live in Manhattan, and behind my old building on 34th and 6th (Herald Square), there was a parking garage.  If a developer wanted to buy that space to put up a building for condos, he couldn’t tell the garage owner he would pay him based on a parking revenue multiple if the owner didn’t have a desire to sell.  The developer would have to do a ROI calculation to determine how much he could afford to buy the space for depending on his business plan.  The price he could afford and the price the garage owner would sell it for could be vastly different, but if the developer really wanted or needed that space, he would have to spend the money.

A real world real estate example is that of Donald Trump trying to buy Vera Coking’s home in Atlantic City.  Was her home worth what she was asking?  Probably not, but her reluctance to sell caused Donald Trump to alter his development plans.

Even in the tough economy, domain names continue to sell for record amounts of money. While virtually all other types of investments have seen pretty large decreases, domain values have continued to increase.  An unknown lawyer in Iowa owning a name like TrademarkLawyer.com would get him much more business than simply using HisName.com.

I am not in the travel or real estate business, but owning Lowell.com and Burbank.com gives me a considerable leg up.  Even before I developed them, they had significant traffic, and it has grown since developing.  Yes, some names like TropicalBirds.com wouldn’t get much direct navigation traffic on their own.  However, after owning and developing it, I’ve seen a considerable increase in traffic and return visits.  It’s much easier to remember than a cutesy web 2.0 domain name like CoolTropicalBirds.com or something like that – and I think Google prefers keyword rich domain names.

In any event, domain names are worth what someone will pay.  Knowing the market (and having a MS in Direct & Interactive Marketing), I would pay $5,000 for SWOT.com right now, so that’s the price floor.  I don’t really have a plan for the name right now, but I think it would make a great site for companies to learn how to perform a SWOT analysis. In this day and age, many brick and mortar companies face a huge weakness in that a competitor’s domain name is the industry defining domain name and it’s difficult to overcome.



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