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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. -
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. -
Defining Domain: Higher Education's Battles for Cyberspace Jacob H
Brooklyn Law Review Volume 80 | Issue 3 Article 5 2015 Defining Domain: Higher Education's Battles for Cyberspace Jacob H. Rooksby Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Jacob H. Rooksby, Defining Domain: Higher Education's Battles for Cyberspace, 80 Brook. L. Rev. (2015). Available at: https://brooklynworks.brooklaw.edu/blr/vol80/iss3/5 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Defining Domain HIGHER EDUCATION’S BATTLES FOR CYBERSPACE Jacob H. Rooksby† iNTRODUCTION Juliet famously mused, “What’s in a name? that which we call a rose / By any other word would smell as sweet.”1 The same cannot be said for Internet domain names.2 One’s inability to own a specific domain name has delayed product launches, caused companies to change names, and led to disputes with alleged cybersquatters.3 The utility of domain names has led to a robust secondary market of buyers and sellers, where domain names that encompass generic words, or are comprised of very few letters or numbers, often change hands for hundreds of thousands of dollars, or more.4 In short, † Jacob H. Rooksby, M.Ed., J.D., Ph.D., Assistant Professor of Law, Duquesne University School of Law. Special thanks to Matthew Beddingfield for his research assistance, to Jacqui Lipton for reviewing and providing helpful comments on an earlier draft, and to my colleagues at Duquesne University School of Law for their support of my work. -
Survey Responses
Name The Panel invites comments on whether or not .au should be opened up to direct registrations. Adam Diminic I feel as if the option should be opened up for registration of .au domain names, however feel that there should be a 1 or 2 year grace period for those who hold a .com.au, .net.au, .org.au or .id.au domain name to register their .au equivalent - obviously this would be first-come-first-served for those domain names with multiple different registrants, or based on who has trademark rights. Adam Goryachev No, domain name registrations should be restricted further, and the original guidelines separating net/com etc should be further cemented. This should be taken as far as restricting the number of *.au domain name to a single entry per legal entity, or with an exponentially increasing cost for each additional name. eg 1st name is $10 2nd name is $100 3rd name is $1000 4th name is $10000 etc. This will work to restrict domain name use to only those business that require and actually use the name. Allowing direct registrations increases risks of fraud, eg, currently you can be sure that ato.gov.au is at least a government owned site even if it doesn't end up being the Australian Taxation Office, however, atogov.au could be anybody, including Acme Trading Organisation in Government Issues, or whatever other contrived name is (or even worse isn't) required to register the name. In addition, direct registrations will eventually remove the need for .com.au and .net.au sub- domains (and potentially all others) as users expect ato.au or similar to get them directly to their desired site. -
First Name First Letter of Last Name Why Do You Need/Use Whois
First Letter of Last First name Name Why do you need/use Whois Privacy Michael G Because I do not want my personal information to be shared with the public. Thorsten E Spam and abuse protection James B I use Domain Privacy to prevent unwanted contacts from domain brokers, spammers and others spamming me their services. I help a number of 12 step program groups and family services work with domain names for websites that provide information to their members and interested parties. The anonymity of members is fundamental to the success and efficacy of these important programs, as is providing information to existing and interested participants or those in need. Whois proxy allows for the legitimate use of a domain name to enable communication about program material, meeting schedules, and other important information surrounding the anonymous programs without piercing the veil of anonymity that is at the core. Without personal anonymity, the safety and integrity of member participants is lost. Without Domain Proxy services that allow for individual privacy, these important Jothan F recovery programs with anonymity at their core will be disadvantaged. Alan O Privacy 2 Robert M I don't currently use privacy myself but I believe it is an important feature for the domain industry. brian K I dont want spammers contacting me Rich G Arun K I want to keep my personal information private and protect me from identity theft. kirsten S M J To keep my ownership info for the domains I own private. Christobal C As a domain owner I want to protect my investment and my identity. -
Case 2:20-Cv-00470-GMS Document 1 Filed 03/04/20 Page 1 of 29
Case 2:20-cv-00470-GMS Document 1 Filed 03/04/20 Page 1 of 29 1 David G. Barker (#024657) [email protected] 2 Jacob C. Jones (#029971) [email protected] 3 SNELL & WILMER L.L.P. One Arizona Center 4 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 5 Telephone: 602.382.6000 Facsimile: 602.382.6070 6 TUCKER ELLIS LLP 7 David J. Steele, CA Bar No. 209797 [email protected] 8 Howard A. Kroll, CA Bar No. 100981 [email protected] 9 Steven E. Lauridsen, CA Bar No. 246364 St. Louis [email protected] Ƈ 10 515 South Flower Street Forty-Second Floor 11 Los Angeles, CA 90071-2223 Telephone: (213) 430-3400 San Francisco Ƈ 12 Facsimile: (213) 430-3409 LLP 13 Attorneys for Plaintiffs, Facebook, Inc., Instagram, LLC and Los Angeles LLIS Ƈ 14 WhatsApp Inc. E 15 Houston Ƈ UNITED STATES DISTRICT COURT UCKER T 16 DISTRICT OF ARIZONA Columbus Columbus Ƈ 17 Facebook, Inc., a Delaware corporation; Case No. 18 Instagram, LLC, a Delaware limited liability company; and WhatsApp Inc., a Delaware COMPLAINT FOR Cleveland Ƈ 19 corporation CYBERSQUATTING; TRADEMARK INFRINGEMENT; FALSE Chicago 20 Plaintiffs, DESIGNATION OF ORIGIN; AND DILUTION 21 v. DEMAND FOR JURY TRIAL 22 Namecheap, Inc., a Delaware corporation, and Whoisguard, Inc., a Republic of Panama 23 corporation, 24 Defendants. 25 26 27 28 1 COMPLAINT Case 2:20-cv-00470-GMS Document 1 Filed 03/04/20 Page 2 of 29 1 Plaintiffs Facebook, Inc. (“Facebook”), Instagram, LLC (“Instagram”), and 2 WhatsApp Inc. -
Internet Domain Service BS Corp., Trading As Internet.Bs
Terms and Conditions Registration Agreement (last revision November 14, 2019) "We", "us" and "our" refers to Internet Domain Service BS Corp., trading as Internet.bs. This Registration Agreement ("Agreement") sets forth the terms and conditions of use by the Applicant, Registrant, Beneficiary, Customer, User (jointly and severally referred to as "you") of our domain name registration services (the "services") and your registration of that domain name (the "Registration"). Your electronic acceptance of this Agreement acknowledges that you have read, understood, and agree to all of the terms and conditions of this Agreement, any agreement referencing this Agreement, our Privacy Policy, the incorporated Uniform Domain Name Dispute Resolution Policy and the Uniform Rapid Suspension System (URS) also available here: http://www.icann.org/udrp/udrp.htm and http://newgtlds.icann.org/en/applicants/urs or any other alternative Dispute Resolution Policy offered by the Registries, the Online Pharmacy Policy and Online Pharmacy Investigation Procedures found in this Agreement, egistry policies, ICANN policies and any other rules or policies that are or may be published by us (the "Dispute Policy") from time to time. The operative and effective version of this Agreement will be the latest version available at http://www.internetbs.net/legal/Internet.bs- RegistrationAgreement.pdf By submitting a domain to us for Registration, you are also warranting that you have the authority and legal capacity to enter into this Agreement. By subscribing to any third party services through our Website, you must agree to and comply with the policies and terms of use, as applicable, of any such third party.