RTE Radio 1 Interview and Cybersquatting Issue

August 23, 2007 · Posted in Uncategorized · 6 Comments 

As CEO of the Irish Internet Association I was interviewed yesterday on the Tom McGurk Show on RTE Radio 1. This arose out of an article in the Sunday Times relating to FirstPlex and the issue of cybersquatting. The interview panel included Joe White of Gandi.net and Gabor Varga of FirstPlex. The issue related to FirstPlex buying multiple .ie domains and infringing copyright of well known brands. For the record let me state that I do not agree with the tactics of this company and regard the hoarding of .ie trademarked names as bad practice.

Some listeners to the interview thought I was siding with Firstplex as I repeatedly said they had done nothing wrong “when registering generic .ie domains”. I stand over that comment. That is the current situation in Ireland. I believe it is too easy to register a Business Name and then use this to register a .ie domain name. What I most definitely do NOT agree with, and is IIA policy, is the purchasing of trademark infringing domains with a view to selling this on or exploiting the owners who have a valid claim. I repeatedly asked Firsplex to explain what their business model is and to clarify their position but this did not happen.

I also pointed out that Firstplex are members of the IIA. When they joined recently they fulfilled all of the membership criteria and informed us they were involved in “online marketing services”. Their website is a holding page that informs visitors it will be live on 31st October. The IIA will be watching closely to ensure that Firstplex are not intending to resell .ie domains which is against IEDR registration policy. The IIA takes members on in good faith but reviews the membership once the company goes “live” to ensure the business does not contravene any laws or regulations.

I believe the solution to this issue is to ensure that all links in the chain are optimised to deter a secondary market in .ie domains and to preclude speculators from infringing intellectual property of copyright. The CRO database is not realtime and when you check the availability of the name it is do guarantee that this is not held elsewhere or infringes copyright. The CRO could flag potential issues when someone tries to register a name and put the application on hold until the relevant parties are informed. The IEDR are doing nothing wrong as their policies are crystal clear and are intended to be transparent and equitable. I would welcome comments, feedback and realistic suggestions as to how this situation can be resolved.