4chan demands 4chan.com domain name
domainnamewire.com
domainnamewire.com
So take this analogy to the internet, admittedly the 'real' costs may be lower--transmitting a few billion bytes is cheaper than road maintenance, fire and police protection to the unused property--but the societal cost is the same. The property should be fully realized and transfered to someone who will use it. This is the whole 'eminent domain' debate in a nutshell. Just because you own something DOESN'T give you impunity to 'waste' it as you see fit. There is a public interest that is ethically sound. But at its heart, the people who cybersquat are a nuisance. They have no bona fide interest in the domain name and likely acquired it just to 'own' a property that they think they'll be able to flip one day.... it's the same sh*t as the real estate bubble, heck... bubble of ANY KIND. Fact is, I am glad this system of arbitration is in place because if I was Bill Gates and some guy named Joe Smith bought my name.com and didn't have a fan page or other relevant property, but just intended to sell it to me for a 10,000% return on his 'investment,' I would be pretty pissed off. I really don't see the other side of this debate. These are greedy people just speculatively buying stuff without any real interest. It has created all kinds of negative effects like shotgun domain bidding, poaching, pricing bubble, artificial scarcity, ID theft, the 4chan.org issues mentioned in this article.... need I go on?
Not quite--eminent domain is also used to take property from people who ARE using it. And I think that is where that debate gets very thorny, because the compensation is not always worth the costs of uprooting someone from their home.
A good example of current use of eminent domain is highlighted in this article from HuffPost about border properties on Texas/Mexico land. The gov't is paying a lot of money, but only if you have the sense/resources to hire a lawyer and fight for more.
http://www.huffingtonpost.com/2012/10/15/landowners-seized-b...
Sure it does. IF you own it.
>These are greedy people just speculatively buying stuff without any real interest. //
This is capitalism. The more damaging domain as you suggest is real-estate. Online the problem becomes simply "oh example.com wasn't right, example.org ... oh, ya, there it is". That might be a very minor annoyance for some people for a couple of seconds.
The problem I see with the "they're not creating a mall" argument is that to the logical conclusion that means that if you have a swimming pool and aren't using it as much as the public feel you should that it can be confiscated. Or, say, you have 2 cars - well clearly you can't drive both at once; repossession by the state, et cetera.
Now I've got some pretty communist sensibilities but unless we're going to implement the whole system and treat all properties in this way (I'd really like to use one of the many, many over-priced vacant commercial premises in our city) then I can't see how you can really move on this?
This has nothing to do with what I said. Neither a swimming pool nor a car is a scarce resource. Now if you owned the only bridge to an island and didn't allow people to use it, or charged them extortionary rates... then we can begin the debate.
>Sure it does. IF you own it.
I'll tell you what, go let your house collapse from disrepair, attempt to assert mineral rights in your backyard and then pour raw sewage onto your land.... we'll see if the zoning code enforcement, county lawyers and EPA respectively come knocking or not. Despite your assertion, there is very little that we actually own in the real property market. This is because it is in the public interest to have the many protections that we have.
If I already have a pool where you wanted one, you have to put yours somewhere else. If my car is parked the spot you want at the store, you park somewhere else. If I bought the last car of the type you wanted, you have to buy a different one.
Things are not always black and white. If Google decides to squat on a domain for a future project, would you still called it squatting? Or them owning Google.io despite not having a business in these tiny islands be considered squatting too?
A future project will go a good way toward keeping a domain, probably not indefinitely, isn't usually relevant to the squatting case.
TLDs don't actually signify location so getting company.xyz is not squatting.
Are you trying to stengthen my argument? You've just proven that they were doing the very thing I'm arguing is unethical. Now if they incidentally named their shopping plaza this name and they can prove it was coincidence... well then we have an argument.
As for Google.io, they DO have a business there... and all over the internet. If there was an existing business there named Google that say delivered math lessons to homeschoolers, then I would say Google could not legitimately claim them as squatting.
This is a "I know it when I see it" standard. It's usually pretty obvious what is squatting and what is not.
No, the point is you are trying to use emotions to determine the "good" guy from the "bad" guy, which is not as black and white as it seems. On the same issue: 4chan.com was created on "12/13/03" where as 4chan.org was created on "2004-02-14". Now you can't say just because 4chan.org is popular, they should be awarded 4chan.com OR that 4chan.org should be transferred to 4chan.com because the name was "copied" from them and is thus "unethical".
>As for Google.io, they DO have a business there... and all over the internet.
No they don't! Having a brand on the internet does not automagically qualify you for legally registered business rights all around the world. Having a universal trademark is hard, time consuming and restricted to local laws.
>This is a "I know it when I see it" standard. It's usually pretty obvious what is squatting and what is not.
Yes this worked out so well which is why our laws are based on vagueness.
Actually this is a common thing in Law. Many times we can't objectively define something, but 'most' people know it when they see it. Some examples you should look at:
http://en.wikipedia.org/wiki/Miller_test
http://en.wikipedia.org/wiki/Prima_facie
http://en.wikipedia.org/wiki/Res_ipsa_loquitur
It is a mark of our intelligence as humans that we can rapidly integrate the available knowledge and render judgement--at least tacitly.
You have not observed the full history. 4chan was popular before both dates observed by you, but under the 4chan.net domain (from September 2003). That domain was suspended by the registrar on 2004-02-11, which was the cause of the move to 4chan.org.
I.e. the 4chan.com domain was registered about three months after 4chan.net, at a point where the latter had substantial traffic.
Under US law you sure do.
You also have to define "waste". The owners of 4chan.com are obviously holding onto their domain because they see it as a valuable asset. I doubt they'd see this as wasting their property. They're watching it grow in value.
Your argument would virtually have us outlaw anyone from holding onto an asset if it could immediately be used better by somebody else.
As a counter-example: Why should anyone be allowed to horde gold? There's a gold shortage and it would be of much more use in computer manufacturing.
That's obviously insane, and yet it's essentially the same scenario.
I understand that it would be better for the common good if 4chan.com was owned by 4chan.org, but if we're playing the game of Capitalism, then these are the rules.
I actually just found out that it's a homophone with horde (I thought they were spelled the same and had different meanings).
As far as I understand it, if I'm wasting a bunch of land and refuse to sell it, but there's a million acres next door that you can buy for pennies and your project will work just as well there as it would on my land, there's no case for eminent domain. Go buy that other land and build there.
Eminent domain is for stuff like, we're building a highway from here to there, and the only reasonable route is through there, and that's where your property sits, so we'll take it from you even if you don't want to sell, because this highway will have a big public benefit that outweighs your personal property rights. If the highway can just move half a mile to the left to the land of someone who wants to sell, then you do that instead.
On the internet, all property is adjacent and nothing has to be in a particular spot. The supply of domain names is effectively infinite. I don't see the case for taking one just because the owner is "wasting" it. You don't need that specific domain, just buy the one "next door", which on the internet is all of them.
If you don't mind going to places like, adjkdhad3fnnkjd.com for all your future services, at which point domains lose their intended use, you might as well just remember and type out the ip number.
Actually, a lot of the debate about eminent domain is who is on the receiving end of the property. Eminent domain is supposed to be about the taking of private property for public use. E.g., building a school. It gets a lot more dicey when you start taking A's private property and making it B's private property.
Someone bought myname s myindustry.com and occasionally sends me an email that it's going up for auction soon and enquires if I'm interested. I've just ignored them in the hope they get the point. They have been trying to make it seem like there's lots of other demands, when there's absolutely no reason to buy it other than the kind of similarity to my domain.
It can't even be profitable typosquatting. Nowdays the domain just redirects to a newer domain of mine and has been for a number of years, so in the unlikely event that someone tried to type in my current domain exactly and mispelled it, they still wouldn't end up on that domain. The only reason I keep up the registration is Google's inability to swap the primary domain on Google Apps.
US trademark law is limited to (a) commercial context and (b) possibility of confusion. If you aren't selling anything, or even if you are commercial but are in a different line of business, you should never be troubled by any trademark claims. This is how the old Beatles record label and the computer company can coexist with the 'Apple' name.
Probably many of us here are in similar situations - I have a domain name for example in .net and .org, but someone else has the .com. I don't want to take the .com from whoever it is (not without their consent, that is), and I shouldn't to have to pay for lawyers to fight them off if they make the name better known for their unrelated site.
I didn't get it (regardless of the back-order), but it got bought up by a domain squatting company who now want about $4K for it. It is currently parked with a horrendous page that doesn't even render correctly.
Now if my my .co.uk site were to get popular (hah!), I fully expect that price tag to increase.
It's a bizarre system.
i.e. I have theword trademarked, but not theword.com
How about, as for me, they renewed for a client and then the client didn't pay but now wants "their" domain back. Is me having that and serving ads to recoup costs (rather than wasting time on courts), is that squatting?
>Or even worse, told them they would post porn redirects at all the sites if they didn't buy them at huge markup? //
Extortion and practices intended to affect the business of a RTM are already unlawful of course.
Again, this is a 'I know it when I see it.'
That client thing is shitty and that sounds like actually you have a great argument. Especially if you just post your negative blog post/review of that company redirected from that domain.
If you have a domain where you do nothing on it, but it's not copying anything either, that's squatting but nobody is going to care.
If you hold a client's site hostage for not paying, yeah that sounds like squatting. So what, that's not a value judgement.
Am I supposed to give them product without receiving payment?
You might have a moral justification in witholding the domain until you're paid, but it's not yours.
Surely, the domain is for the business - or other entity - who pays for it.
If you have established use of a mark before the registration (or use) of a competing/conflicting mark, you can defend it.
In fact, registration arguably provides no protection other than the fact that it makes it easier to search for your mark in the USPTO registry.
Isn't the trademark legally yours if you register and no one challenges for some period of time (I want to say 7 years)?
Massive corporate behemoths have lost local TM use because some mom-and-pop store was using a trademark first.
[0]: http://en.wikipedia.org/wiki/Waffle_house#Waffle_.26_Steak
http://en.wikipedia.org/wiki/Hungry_Jack's#History_of_.22Bur...
"When Burger King moved to expand its operations into Australia, it found that its business name was already trademarked by a takeaway food shop in Adelaide. As a result, Burger King provided the Australian franchisee, Jack Cowin, with a list of possible alternative names derived from pre-existing trademarks already registered by Burger King and its then corporate parent Pillsbury that could be used to name the Australian restaurants. Cowin selected the "Hungry Jack" brand name, one of Pillsbury's U.S. pancake mixture products..."
The court ruled that federal trademark registration had priority over state law, and that the big chain Burger King had rights to the “Burger King” name everywhere except in Mattoon, Illinois. Since the Hoots family had prior actual use there, they retained the name for the Mattoon area.
Back in the day I used to be one of the owners of .coop which was run out of the UK that didn't mean that it wasn't for all co-ops world wide.
What domain does the Manchester Guardian a UK based newspaper use - it uses a .com.
example: http://www.theregister.co.uk/2012/03/01/bodog_shut_via_veris...
I wonder what the ad revenue would be from that domain? And would m00t be able to put ads on 4chan.com?
You going to tell JWZ (one of the early netscape developers) that hes going to have to give up jwz.org good luck with that .