An Act Of Treating Domain Names By Any Investor As Futures, Ought To Have Been Considered As An Act Of Hoarding!

 

My one question to Both ICANN & WIPO! What is the point of Typosquatting OR Cybersquatting, when the hoarding of the domain names, which are no more than being parked alone unused, even for a decade, yet, registrant holding the rights to own the same? Of-course, I was the only person who in my previous blog proposed a theory that, let the trademarks be also considered from the lens of copyrights. BUT, as long as that’s not the case, the act of hoarding of the domain names should be considered, if not illegal, but atleast, hoarding, and shouldn’t be allowed!

Since the 1990s when the domain names were sold free, it was understandable that none knew that even post dotcom bubble, the Internet would thrive; as even the then Nobel laureates were saying it would end up as a Fax Machine. But that wasn’t the case. And then, from the IT Acts, to DATA Privacy to Protection Acts and Rules, and so much so that, now, in the age of DEEPFAKEs, rights have been imparted by many countries to the Citizens for their Online Personalities (albeit that was already present in the Copyrights, YET, so far, that’s been only given to the ones who are Famous (thanks to the PR agencies and their Pay & Use Services)); but now been extended to the common men/women!

Hoarding of the domain name has been considered as a fashion as if been investing in the Futures, but, according to me, this shouldn’t have been allowed!

My earlier blogs and theories about giving the Domain Name Registrars such guidelines, without they having Civil Court powers. So that at least this trend of the First Come First Serve Basis should end in the domain name registration services.

Now one would say, OH, one can approach to the domain name dispute arbitration boards, both at the WIPO and at the domestic level, or, could further file vide Transfer Policy a dispute! But you know what? My objective in Life has always been to avoid the unwarranted conflicts, until if it is the World’s (Earth’s) last day!

Thus, if my earlier policy is adopted, wherein giving the Domain Name Registrars some powers, not of course the civil courts, yet, some administrative powers, for refusing to register the domain names on the first come first serve basis, rather, just going by the user of the domain names, or, giving away which merely are parked unused.

And if already similar domain name is registered, then the prospective registrant has the remedy to approach the appropriate dispute redressal boards whether at the WIPO or in accordance with the domestic laws or even complain to the Registrar to take the administrative measures. Why? Because, the ones who consider Domain Names as the FUTUREs, to invest in it and sell in the Open Market without even using it, then wouldn’t invest the way they treat the Domain Names today.

Thus, ICANN and WIPO should include in the Registrant – Registrar Agreements, AND, also in the Registrar – Registry Agreements, that No Registrant would be allowed to Hoard domain names, without using them (a period of 5-6 Years); until and if in case my proposed law comes into effect, wherein, the Trademarks are also considered from the lens of Copyrights, to some extent w.r.t. user!😊

© Pranav Chaturvedi