In this book Konstantinos Komaitis identifies a tripartite
problem - intellectual, institutional and ethical - inherent in the
domain name regulation culture. Using the theory of property,
Komaitis discusses domain names as sui generis 'e-property' rights
and analyses the experience of the past ten years, through the
Uniform Domain Name Dispute Resolution Policy (UDRP) and the
Anticybersquatting Consumer Protection Act (ACPA). The
institutional deficit he identifies, generates a further discussion
on the ethical dimensions in the regulation of domain names and
prompts Komaitis to suggest the creation of an environment based on
justice.
The relationship between trademarks and domain names has always
been contentious and the existing institutions of the UDRP and ACPA
have not assisted in alleviating the tension between the two
identifiers. Over the past ten years, the trademark community has
been systematic in encouraging and promoting a culture that
indiscriminately considers domain names as secondclass citizens,
suggesting that trademark rights should have priority over the
registration in the domain name space.
Komaitis disputes this assertion and brings to light the
injustices and the trademark-oriented nature of the UDRP and ACPA.
He queries what the appropriate legal source to protect registrants
when not seeking to promote trademark interests is. He also
delineates a legal hypothesis on their nature as well as the steps
of their institutionalisation process that we need to reverse,
seeking to create a just framework for the regulation of domain
names. Finally he explores how the current policies contribute to
the philosophy of domain names as second-class citizens.
With these questions in mind, Komaitis suggests some
recommendations concerning the reconfiguration of the regulation of
domain names.
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