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Domain Privacy Services and Contributory Copyright Infringement
Loyola of Los Angeles Entertainment Law Review Volume 31 Number 1 Article 2 9-22-2010 Unmasking the Mask-Maker: Domain Privacy Services and Contributory Copyright Infringement Paulo André de Almeida Loyola Law School Los Angeles, [email protected] Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Paulo André de Almeida, Unmasking the Mask-Maker: Domain Privacy Services and Contributory Copyright Infringement, 31 Loy. L.A. Ent. L. Rev. 27 (2010). Available at: https://digitalcommons.lmu.edu/elr/vol31/iss1/2 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. UNMASKING THE MASK-MAKER: DOMAIN PRIVACY SERVICES AND CONTRIBUTORY COPYRIGHT INFRINGEMENT “Domain privacy services” are online services that protect the ano- nymity of their website-operating customers. Typically, the privacy service registers a domain name on behalf of its website-operating customer, and then leases the domain name back to the customer. The customer retains the right to use and control the domain, while the privacy service holds it- self out as the true owner through the registrar’s WHOIS database. Copy- right-infringing website owners prefer this arrangement to avoid prosecu- tion by forcing aggrieved copyright holders to first contact the listed privacy service, which typically refuses to reveal the identity of the alleged infringer. -
DNS-OARC Status and Fall Workshop Report
DNS-OARC Status and Fall Workshop Report Keith Mitchell 31st CENTR Technical Workshop November 2014 OARC's Mission Statement The Domain Name System Operations Analysis and Research Center (DNS-OARC) is a non-profit, membership organization that seeks to improve the security, stability, and understanding of the Internet's DNS infrastructure. DNS-OARC's mission is: to build relationships among its community of members and facilitate an environment where information can be shared confidentially to enable knowledge transfer by organizing workshops to promote research with operational relevance through data collection and analysis to increase awareness of the DNS's significance to offer useful, publicly available tools and services OARC's Functions Facilitate co-ordination of DNS operations community – 77 members: registries, operators, vendors Ongoing data gathering Operate community info-sharing resources Mailing lists, jabber, website, trust vetting Maintain/host DNS software tools Outreach via external and shared meetings OARC Members Comcast Afilias (.org, .info) .SE KISA/KRNIC ARI Registry Services ISC Dyn Mark Monitor Bluecat Minds+Machines Microsoft Google CentralNic NIC Chile (.cl) Verisign (.com) ICANN CIRA (.ca) NIC-Mexico (.mx) AFRINIC Cloudmark Nominet (.uk) Nominum AFRINIC CNNIC (.cn) Rightside Norid (.no) CAIDA CORE Cogent NZRS RIPE NCC CZ.NIC dotua Orange DK Hostmaster Eesti Internet DNS.PT RESTENA LACNIC AFNIC Measurement Factory DNSpod RTFM NASA Ames Akamai Sky Donuts Netnod APNIC dotBERLIN SWITCH (.ch) NLnet Labs -
2020 Activity Report
Activity Report 2020 Facts | Data | Figures 2 3 2020 In Retrospect 4 Market & Business Development 16 .de Report 30 2021 Prospects 46 Business Continuity Management .de: Distinctive Growth, Surge in Demand DENIC in the Digital Policy Debate‘s Discourse under Covid-19 Conditions on the German Market DNS Services Level of Digitisation and Internet Use in Germany DENIC – the Networkers 34 Sources Registration Services Competitors in the Social Media Segment DENIC in Coordination and DENIC Data (DENIC eG, DENIC Services GmbH & Co. KG) Standardisation Organisations Delivery Line Infrastructure Competitors in the gTLD Segment CENTRstats Cooperation with State Institutions DESTATIS (Statistisches Bundesamt) Contents Emerging Products/Markets The Niche Sector of ENUM Dotzon: Studie Digitale Unternehmensmarken 2020 Cooperation with Academic Institutions Eurostat Information Security & Risk Management Solidary Contribution to Enhanced Internet Security ICANN New gTLD Stats Contents for Many: DNS Infrastructure Services DENIC in Associations Organisational Development Initiative D21: D21 Digital-Index 2020/2021 Multiplied Customer Numbers, Significant Increase DENIC Events NapoleonCat Stats Sustainability Management & in Market Shares: Data Escrow Services nTLDStats Corporate Social Responsibility Sponsoring Partnerships Verisign Domain Name Industry Brief 5 The drastic impacts of the Covid-19 pandemic that operation of the name service for .de as a critical infra- affected all areas of life of the entire global com- structure and DENIC as its operator were more important munity at an unprecedented scale made 2020 an than ever in 2020. That people spent more time in the exceptional year in every respect. Not only health digital space in the Covid-19 situation, is also reflected in care systems but also the private economy, govern- the rise of annual average DNS queries to the .de name ments, the cultural sector and consumers all over servers. -
The Regional Organisations an Introduction to CENTR
The regional organisations An introduction to CENTR Giovanni Seppia CENTR General Manager [email protected] Geneva, 26 September 2005 The ccTLDs regional organisations What is the objective of a regional organisation? z To support and advance the interests of its members z To act as an advocate to private or public bodies on issues of concern to members z To foster co-operation on issues of mutual concern to members; and z To formulate policies, strategies, best practices, common positions that have the support of the membership ccTLDs workshop Geneva, 26 September 2005 ccTLDs regional organisations z NATLD for the North American region z LACTLD for the Latin America and Caribbean region z CENTR for the European region z AFTLD for the African region z APTLD for the Asia-Pacific region ccTLDs workshop Geneva, 26 September 2005 Introducing CENTR What is CENTR? z Council of European National Top Level Domain Registries z Forum for TLD managers – Primarily ccTLDs z Also includes gTLDs – Mainly European z Membership from 5 continents z Developed and emerging TLD markets, like .AF, .IR z Open to all Top Level Domain Registries in the world ccTLDs workshop Geneva, 26 September 2005 CENTR’s Membership z 3 Members categories – Full Members – Associate Members – Observers z Members vote on admission of new members ccTLDs workshop Geneva, 26 September 2005 CENTR’s Membership z AFGNIC Afghanistan (.af) •LITNET NOC Lithuania (.lt) z STA Andorra (.ad) •RESTENA DNS-LU Luxembourg (.lu) z ISOC.AM Armenia (.am) •NIC Malta Malta (.mt) z NIC.AC Ascension Is. (.ac), Diego Garcia (.io), St •NIC-Mexico Mexico (.mx) Helena (.sh) •MoldData Moldova (.md) z NIC.AT Austria (.at) •SIDN Netherlands (.nl) z DNS Belgium Belgium (.be) •ISOCNZ New Zealand (.nz) z Digital Systems Bulgaria (.bg) •NORID Norway (.no), Bouvet Is. -
Case 1:21-Cv-00822 Document 10 Filed 07/13/21 Page 1 of 15 Pageid# 172
Case 1:21-cv-00822 Document 10 Filed 07/13/21 Page 1 of 15 PageID# 172 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ) MICROSOFT CORPORATION, a ) Washington corporation, ) Plaintiff, ) ) Civil Action No: 1:21-cv-822 v. ) ) JOHN DOES 1-2, CONTROLLING A ) COMPUTER NETWORK AND THEREBY ) INJURING PLAINTIFF AND ITS ) CUSTOMERS ) ) Defendants. ) ) ) ) DECLARATION OF MATTHEW B. WELLING IN SUPPORT OF MICROSOFT’S APPLICATION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION I, Matthew B. Welling, hereby declare and state as follows: 1. I am an attorney with the law firm of Crowell & Moring LLP (“Crowell”), and counsel of record for Plaintiff Microsoft Corporation (“Microsoft”). I make this declaration in support of Microsoft’s Application for an Emergency Ex Parte Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction (“TRO Application”). I make this declaration of my own personal knowledge and, if called as a witness, I could and would testify competently to the truth of the matters set forth herein. I. PARTIES 1. Microsoft seeks an Emergency Ex Parte Temporary Restraining Order And Order To Show Cause Re Preliminary Injunction designed to disrupt the technical malicious infrastructure of a sophisticated online criminal network used by Defendants John Does 1-2 (“Defendants”) that is attacking Microsoft Corporation (“Microsoft”), its Office 365 1 Case 1:21-cv-00822 Document 10 Filed 07/13/21 Page 2 of 15 PageID# 173 (“O365”) service, and its customers through malicious “homoglyph” domains that unlawfully impersonate legitimate Microsoft O365 customers and their businesses. -
Internet Service Provider Liability: Imposing a Higher Duty of Care
WENDY LARSON, ISP LIABILITY: IMPOSING A HIGHER DUTY OF CARE, 37 COLUM. J. L. & ARTS 573 (2014) Internet Service Provider Liability: Imposing a Higher Duty of Care Wendy C. Larson* INTRODUCTION Today’s Internet is exploding with creativity and innovation, and it has spurred new markets and industries in an unprecedented period of time.1 Such progress is inevitably accompanied by intellectual property rights violations, particularly as the law struggles to keep pace with the exponential growth in technology. Moreover, online actors are becoming increasingly skilled at hiding their identities to evade responsibility. The service providers that these actors employ to host their Web sites, auction their domain names, provide their advertising content, process their payments, promote their businesses—and even hide their identities—have limited exposure to liability for their customers’ actions. As a consequence, service providers have little incentive to cooperate with brand owners or to voluntarily identify trademark violations. In fact, such cooperation or voluntary participation may place service providers at a competitive disadvantage. Law and practice should be revised to create incentives for service providers to work with brand owners to effect the primary purpose of trademark law: preventing consumer confusion. This Article identifies the types of online services most often involved in trademark violations. It provides a brief review of the current statutory framework and the evolution of the common law concerning liability of online service providers. Borrowing from the Digital Millennium Copyright Act and traditional tort concepts, this Article explores avenues for legislative change and the best practices to address the issues.2 Requiring a higher duty of care from online service providers will help minimize consumer confusion, protect brand owners and provide a more authentic online consumer experience. -
("Agreement"), Is Between Tucows Domains Inc
MASTER DOMAIN REGISTRATION AGREEMENT THIS REGISTRATION AGREEMENT ("Agreement"), is between Tucows Domains Inc. ("Tucows") and you, on behalf of yourself or the entity you represent ("Registrant"), as offered through the Reseller participating in Tucows' distribution channel for domain name registrations. Any reference to "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable top-level domain ("TLD"). This Agreement explains Tucows' obligations to Registrant, and Registrant's obligations to Tucows, for the domain registration services. By agreeing to the terms and conditions set forth in this Agreement, Registrant agrees to be bound by the rules and regulations set forth in this Agreement, and by a registry for that particular TLD. DOMAIN NAME REGISTRATION. Domain name registrations are for a limited term, which ends on the expiration date communicated to the Registrant. A domain name submitted through Tucows will be deemed active when the relevant registry accepts the Registrant's application and activates Registrant's domain name registration or renewal. Tucows cannot guarantee that Registrant will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of application. Tucows is not responsible for any inaccuracies or errors in the domain name registration or renewal process. FEES. Registrant agrees to pay Reseller the applicable service fees prior to the registration or renewal of a domain. All fees payable here under are non-refundable even if Registrant's domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. TERM. This Agreement will remain in effect during the term of the domain name registration as selected, recorded and paid for at the time of registration or renewal. -
Funding by Source Fiscal Year Ending 2019 (Period: 1 July 2018 - 30 June 2019) ICANN Operations (Excluding New Gtld)
Funding by Source Fiscal Year Ending 2019 (Period: 1 July 2018 - 30 June 2019) ICANN Operations (excluding New gTLD) This report summarizes the total amount of revenue by customer as it pertains to ICANN's fiscal year 2019 Customer Class Customer Name Country Total RAR Network Solutions, LLC United States $ 1,257,347 RAR Register.com, Inc. United States $ 304,520 RAR Arq Group Limited DBA Melbourne IT Australia $ 33,115 RAR ORANGE France $ 8,258 RAR COREhub, S.R.L. Spain $ 35,581 RAR NameSecure L.L.C. United States $ 19,773 RAR eNom, LLC United States $ 1,064,684 RAR GMO Internet, Inc. d/b/a Onamae.com Japan $ 883,849 RAR DeluXe Small Business Sales, Inc. d/b/a Aplus.net Canada $ 27,589 RAR Advanced Internet Technologies, Inc. (AIT) United States $ 13,424 RAR Domain Registration Services, Inc. dba dotEarth.com United States $ 6,840 RAR DomainPeople, Inc. United States $ 47,812 RAR Enameco, LLC United States $ 6,144 RAR NordNet SA France $ 14,382 RAR Tucows Domains Inc. Canada $ 1,699,112 RAR Ports Group AB Sweden $ 10,454 RAR Online SAS France $ 31,923 RAR Nominalia Internet S.L. Spain $ 25,947 RAR PSI-Japan, Inc. Japan $ 7,615 RAR Easyspace Limited United Kingdom $ 23,645 RAR Gandi SAS France $ 229,652 RAR OnlineNIC, Inc. China $ 126,419 RAR 1&1 IONOS SE Germany $ 892,999 RAR 1&1 Internet SE Germany $ 667 RAR UK-2 Limited Gibraltar $ 5,303 RAR EPAG Domainservices GmbH Germany $ 41,066 RAR TierraNet Inc. d/b/a DomainDiscover United States $ 39,531 RAR HANGANG Systems, Inc. -
Territorialization of the Internet Domain Name System
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2018 Territorialization of the Internet Domain Name System Marketa Trimble University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Intellectual Property Law Commons, International Law Commons, and the Internet Law Commons Recommended Citation Trimble, Marketa, "Territorialization of the Internet Domain Name System" (2018). Scholarly Works. 1020. https://scholars.law.unlv.edu/facpub/1020 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. Territorialization of the Internet Domain Name System Marketa Trimble* Abstract Territorializationof the internet-the linking of the internet to physical geography is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geo- blocking tools by service and content providers who for various reasons- either allow or block access to internet content based on users' physical locations. This article analyzes whether, and if so how, the trend toward territorializationhas affected the internetDomain Name System (DNS). As a hallmark of cyberspace governance that aimed to be detached from the territorially-partitionedgovernance of the physical world, the DNS might have been expected to resist territorialization-a design that seems antithetical to the original design of and intent for the internet as a globally distributed network that lacks a single point of control. -
Activity Report 2019 Facts | Data | Figures 2 3
Activity Report 2019 Facts | Data | Figures 2 3 2019 In Retrospect 4 Market & Business Development 14 .de Report 26 2020 Prospects 40 3-in-1: Added Value to Domains and .de: Rallying DUMs in a Maturing Market User Desire for Digital Self-Determination – Ethical Data Handling through ID4me A Market Opportunity for DENIC ID Level of Digitisation and Internet Use in Germany Changes in the Supervisory and the Executive Board DENIC ― the Networkers 28 Registry Lock: Protection Against A "Hostile Takeover" Enhancing DDos Resilience Through a Broader Competitors in the Social Media Segment DENIC in Coordination and Standardisation Organisations Recognizing Patterns, Drawing Conclusions: and More Diversified Name Server Landscape Improved Risk Assessment and Business Competitors in the gTLD Segment Cooperation with State Institutions Forecasting Through Data Warehousing Data Center Architecture Put to the Test: Hybrid On-Premises Private and Public Cloud The Niche Sector of ENUM Cooperation with Academic Institutions and Diversification 2.0: Continuous Optimisation Operation Envisaged as Future Solution Security Experts of Name Service Operation and Security Contenta Solidary Contribution to Enhanced Internet Security: Cross-Registry Security Initiative Scored at CENTR Awards DENIC in Associations Data Center in the 21st Century: DNS Infrastructure Services Roll-out of New Architectures DENIC Events Contents DNSmeter Tool: Know-How Transfer to The Technical Community to Increase Resilience on the Internet Multiplied Customer Numbers, New Major Clients: Providing Expert Advice to Digital Policymakers Sponsoring Partnerships Data Escrow Services in Germany and in Europe Near-Real-Time Zone Rollout: The Window Between Domain Registration and Accessibility Decreases Considerably Status Information About Key DENIC Services Source List Anytime Available Online DENIC data (DENIC eG, DENIC Services GmbH & Co. -
ANNEX .ICU - SPECIAL CONDITIONS for the .ICU TLD Version 1.0 – April 18Th, 2018
ANNEX .ICU - SPECIAL CONDITIONS FOR THE .ICU TLD version 1.0 – April 18th, 2018 In addition to Gandi's General Terms and Conditions for domain name registration, the registration and use of a .ICU domain name implies the acceptance of and compliance to the present special conditions contained herein. All Your legal information and contracts can be viewed at any time via Our website. Capitalized terms have the defnition attributed to them in Our General Terms and Conditions of Domain Name Registration. Specifcally, “You” refers to the owner of the domain name, and “We” designates Gandi. Section .ICU.1. Trustee authority and Registry • Phishing and Abuse Policies: https://www.centralnic.com/support/abuse .ICU is a generic Top-Level-Domain (gTLD). The following diagram • ICANN consensus policies: presents the various parties involved for the .ICU TLD: http://www.icann.org/en/general/consensus-policies.htm These contracts bind You to the .ICU Registry. The special conditions contained herein do not replace these rules, but rather ICANN Trustee Authority form part of them. You acknowledge to have fully understood and to http://www.icann.org have accepted these rules on Our website. The contract between ICANN and the .ICU Registry is available at the following address: Shortdot SA http://www.icann.org/en/about/agreements/registries/icu (.icu) Registry https://nic.icu Section .ICU.3. Launch rules The .ICU top level domain name launch will occur in 2 phases: Sunrise and general opening. Registry CentralNic technical The Sunrise phase will run from April 24th 2018 to May 24th 2018. https://www.centralnic.com operator General opening is scheduled for May 29th 2018. -
WHEREAS, Registrar Is Authorized to Provide Internet Registration and Management Services for Domain Names, for the List of Tlds Mentioned Within APPENDIX 'U';
WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX 'U'; AND WHEREAS, the Registrant is the Owner of a registration of a domain name ("the SLD") in any of the TLDs mentioned within APPENDIX 'U', directly or indirectly; NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows: 1. DEFINITIONS (1) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays. (2) "Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf. (3) "Customer" refers to the customer of the Order as recorded in the OrderBox Database. (4) "OrderBox" refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers. (5) "OrderBox Database" is the collection of data elements stored on the OrderBox Servers. (6) "OrderBox Servers" refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox. (7) "OrderBox User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "OrderBox" by the Customer, directly or indirectly.