Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by cwp on Thursday December 15, 2011 @01:46PM
(#3357365)
Because in this case, "money grab" actually means "extortion". The original article mentions that NPR has registered npr.xxx, but they don't plan to do anything with it. They registered it strictly to prevent someone from putting up "adult content" that could be associated with them. NPR is not alone in this. I'd be interesting to see what percentage of .xxx domains actually have pornography on them.
Registrars always pushed their customers to buy multiple domains on different TLDs to "control their brand," but ICM is taking that strategy to a whole new level.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by jaylevitt on Thursday December 15, 2011 @09:32PM
(#3359135)
I don't think that's it. If ICANN can ever launch their TLDs-for-everyone plan and let a thousand flowers bloom, you won't have companies buying defensive domain names in every TLD, because there will be thousands. It makes the point moot; with only a few tlds, consumers might expect that airsupply.com leads to a medical services co or the high-tenor ballad king of the 1970s, and they'll each compete to register that name first. When it's airsupply.brakes.railway and airsupply.diving and airsupply.fixaflat, that assumption is broken, and it becomes futile to try to pounce on every domain with your brand in it.
The companies pushing the loudest "Sky is Falling!" messaging are those like MarkMonitor who (a) already protect their customers from fraud, real or exaggerated, and (b) just happen to be a registrar..
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by saurik on Thursday December 15, 2011 @02:57PM
(#3357639)
No. When you have a registered trademark, you do not (contrary to what you might believe if you read most Internet forums) "own" the word; you have only registered your usage of the word in a specific field, which allows you to make it easier to prove in court that someone else is being confusingly similar to you in their conduct of business.
However, for most people, their business is small and focussed, so usages of the same name in other fields would not be defendable against someone using it for adult entertainment production. This would be exceptionally difficult an acronym such as "npr", especially as it has been used for many things in the past (such as Northern Pacific Railroad, although Nevada Public Radio is a more interesting example).
(edit: After posting this I noticed I had had the tab open long enough that some other people responded with similar commentary, but I'm going to leave this up as I think it has a slightly different character, as well as a funny example.)
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by sp332 on Thursday December 15, 2011 @02:02PM
(#3357419)
Probably not. Trademarks are specific to a particular market or kind of product. For example, Apple Computer didn't really conflict with the Apple Records until Apple started selling music. So a porn company probably wouldn't legally conflict with your trademark.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by tptacek on Thursday December 15, 2011 @02:48PM
(#3357613)
What? There's a whole huge controversial process around trademark disputes for TLDs, spanning all the TLDs, .XXX included. It was all Slashdot could talk about for months and months, because it favors trademark holders.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by Natsu on Thursday December 15, 2011 @04:11PM
(#3358005)
It's also possible to "tarnish" a brand. So if you register something like Disney.xxx, they might be able to sue you on those grounds. There's also increased protection for famous marks, And finally, there are some marks, like the Olympics & Red Cross that are statutory trademarks. That is, they were created by international treaty and have special rights associated with them due to the legislation that enacted the treaties.
In short, it's more complex than that. IANAL, but I sure wouldn't go tempting lawyers by registering apple.xxx or whatever.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by mmahemoff on Thursday December 15, 2011 @03:05PM
(#3357669)
Even if you can, it will take time, waste energy, leave uncertainty, and only the lawyers benefit. The fee people are forced to pay is an insurance policy to prevent all that hassle.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by jrockway on Thursday December 15, 2011 @01:50PM
(#3357378)
The problem is that you have some established brand with a .com domain name. Now, people will probably go looking for <your brand>.xxx. That means you have to register that domain name, or your competitor will buy it first.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by tomwalsham on Thursday December 15, 2011 @03:49PM
(#3357888)
The Adult companies are opposed (and boycotting) as they already have established brands. The Xtian groups are opposed due to it validating pornography (when they shouldn't be, easier filters). The mainstream companies are opposed as the 'prevent registration for $100/yr is a bleedingly obvious protection racket to avoid higher lawyers fees for disputes.
This decision was good for nobody except ICANN, its associates, and those behind the registry.
Wait for gTLDs in April 2012 to completely distort people's concepts of the www, make the lawyers happy, and yes, break some of my regexen ;)
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by tomwalsham on Thursday December 15, 2011 @05:15PM
(#3358290)
Xmas as a replacement for Christmas comes from Χριστός and usage in English dates back to the 1500s. Admittedly the use for Christian [sic] was a bit lazy, but I was not attempting to make any point.
I enjoyed Helianthus' take on it though - goes to show whatever you say can be reinterpreted by analysts to provide a depth of meaning you never intended ;)
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by chc on Thursday December 15, 2011 @05:31PM
(#3358358)
I don't understand the point you're trying to make here. My point was that Χριστός has been abbreviated to "X" for thousands of years without any implication of disrespect. I don't see how the fact that writing out the Greek word implies formal respect is supposed to disagree with me.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by Helianthus on Friday December 16, 2011 @11:36PM
(#3363398)
In that case, I don't understand the point you were trying to make by saying "Except Christians were the first ones to replace Christ's name with X, the first letter in the Greek Χριστός."
It sounded like you were trying to disagree with my assertion that Xtian had a certain rhetorical intent, but you did it by bringing in a completely different rhetorical construct.
Re:Who's Opposed To .XXX Domain Names? Not Exactly Who You'd...
by RexRollman on Thursday December 15, 2011 @04:04PM
(#3357974)
One time, I half expected someone to try to introduce a law mandating that all adult sites have to be on a .xxx domain, so that they could be easily filtered. Of course, it would be stupid to try that, but that's never stopped a politician.
People who want to censor content they disagree with don't think optional .xxx goes far enough.
People who worry their content will be censored don't want a "voluntary" ghetto built they can be forced into.
Approval of .xxx only makes ICM Registry happy as they charge registration fees in a wide open namespace.
Registrars always pushed their customers to buy multiple domains on different TLDs to "control their brand," but ICM is taking that strategy to a whole new level.
The companies pushing the loudest "Sky is Falling!" messaging are those like MarkMonitor who (a) already protect their customers from fraud, real or exaggerated, and (b) just happen to be a registrar..
And the worst part is that I heard this segment ON NPR last night on my way home.
However, for most people, their business is small and focussed, so usages of the same name in other fields would not be defendable against someone using it for adult entertainment production. This would be exceptionally difficult an acronym such as "npr", especially as it has been used for many things in the past (such as Northern Pacific Railroad, although Nevada Public Radio is a more interesting example).
(edit: After posting this I noticed I had had the tab open long enough that some other people responded with similar commentary, but I'm going to leave this up as I think it has a slightly different character, as well as a funny example.)
In short, it's more complex than that. IANAL, but I sure wouldn't go tempting lawyers by registering apple.xxx or whatever.
This decision was good for nobody except ICANN, its associates, and those behind the registry.
Wait for gTLDs in April 2012 to completely distort people's concepts of the www, make the lawyers happy, and yes, break some of my regexen ;)
I enjoyed Helianthus' take on it though - goes to show whatever you say can be reinterpreted by analysts to provide a depth of meaning you never intended ;)
Incidentally, I enjoy that you used the slur "Christain." alt.atheism?
It sounded like you were trying to disagree with my assertion that Xtian had a certain rhetorical intent, but you did it by bringing in a completely different rhetorical construct.
I do know the origins of the X abbreviation.