scholarly journals Virtual Countries: Internet Domain Names and Geographical Terms

2003 ◽  
Vol 106 (1) ◽  
pp. 124-136 ◽  
Author(s):  
Matthew Rimmer

This paper examines the dispute between the Seattle company Virtual Countries Inc. and the Republic of South Africa over the ownership of the domain name address southafrica.com . The first part of the paper deals with the pre-emptive litigation taken by Virtual Countries Inc. in a District Court of the United States. The second part considers the possible arbitration of the dispute under the Uniform Domain Name Dispute Resolution Process of the Internet Corporation for Assigned Names and Numbers (ICANN) and examines the wider implications of this dispute for the jurisdiction and the governance of ICANN. The final section of the paper evaluates the Final Report of the Second WIPO Internet Domain Name Process.

2021 ◽  
Vol 4 (1) ◽  
pp. 36-48
Author(s):  
Uyan Wiryadi

The purpose of this study: 1) To find out copyright violations in the field of music in the form of a cover song by recording through social media connected with Law Number 28 of 2014 concerning Copyright. 2) To find out the factors that influence copyright violations in the music field in the form of cover songs by recording through social media. The writing of this thesis uses a statute approach, by reviewing amendments to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by state institutions and the Republic of Indonesia Law No. 19 of 2016 concerning Amendment of Law Number 11 Year 2008 Regarding Information and Electronic Transactions. Results of research conducted by the author: When someone does a cover song through social media without permission from the creator, both for the purpose not for commercial or commercial purposes, it is an infringement of copyright. Factors that influence the occurrence of violations of copyright in Indonesia include: 1) Weak law enforcement against violators. 2) Works on the internet can easily be duplicated and disseminated globally in a short period of time and in large quantities. 3) There is no limit on the place of the offender because a domain name or website can be accessed by anyone globally. 4) Procedures for events between countries in dealing with violations of copyright on the internet, such as to determine who the perpetrators are and when they occur and determine the jurisdiction of violations still vary.  


Author(s):  
Yukiko Inoue

Twenty First Century Government is enabled by technology— policy is inspired by it, business change is delivered by it, customer and corporate services are dependent on it, and democratic engagement is exploring it. Technology alone does not transform government, but government cannot transform to meet modern citizens’ expectations without it (Cabinet Office, 2005, p. 3). According to the E-Government Readiness Ranking Report (United Nations, 2005), in 2005 the United States was the world leader followed by Denmark, Sweden, and the United Kingdom; and in 2004 the Republic of Korea, Singapore, Estonia, Malta, and Chile were also among the top 25 “e-ready” countries. The Ranking Report further emphasizes that 55 countries, out of 179, which maintained a government Web site, encouraged citizens to participate in discussing key issues of importance, and that most developing country governments around the world are promoting citizen awareness about policies, programs, approaches, and strategies on their Web sites—thus making an effort to engage multi-stakeholders in participatory decision-making. Indeed, one of the significant innovations in information technology (IT) in the digital age has been the creation and ongoing development of the Internet—Internet technology has changed rules about how information is managed, collected, and disseminated in commercial, government, and private domains. Internet technology also increases communication flexibility while reducing cost by permitting the exchange of large amounts of data instantaneously regardless of geographic distance (McNeal, Tolbert, Mossberger, & Dotterweich, 2003). In Hirsch’s (2006) words, “The Internet has finally achieved the convergence dream of the 1970s and everything that can be canned in digital form is traveling the Net” (p.3).


Author(s):  
Torsten Bettinger

Although the Internet has no cross-organizational, financial, or operational management responsible for the entire Internet, certain administrative tasks are coordinated centrally. Among the most important organizational tasks that require global regulation is the management of Internet Protocol (IP) addresses and their corresponding domain names. The IP address consists of an existing 32 bit (IP4) or 128 bit (IP6) sequence of digits and is the actual physical network address by which routing on the Internet takes place and which will ensure that the data packets reach the correct host computer.


2006 ◽  
Vol 16 (3) ◽  
pp. 343-367 ◽  
Author(s):  
Richard A. Spinello

Abstract:The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is the unauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent.


2007 ◽  
Vol 6 ◽  
pp. 39-63
Author(s):  
Jorge Alberto Fierro Abella

El desarrollo de la llamada red de redes o internet ha supuesto un cambio sustancial en la forma de entender las relaciones comerciales. La extensión del acceso a aquella a un número cada vez mayor de agentes económicos, unido a un crecimiento continuo de los contenidos de toda índole disponibles en la red, implica que la facilidad con que se acceda a la información de una determinada compañía tenga un elevado valor. El objetivo de este documento de reflexión es ofrecer en primer lugar, un panorama general del marco teórico en el que se desarrolla la actividad de registro de nombres de dominio, tanto en el ámbito internacional como en el local (España) y su relación con el derecho de marcas, para a partir de ello exponer una serie de casos, que tienen una relación directa con España, bien por tratarse de resoluciones de nuestros tribunales, bien por ser asuntos en los que se discutía la titularidad de nombres de dominio en los que aparecía como perjudicado (real o pretendido) una marca o nombre comercial española o al menos con presencia en este país. Abstract Domain names are the familiar and easy-to-remember names for internet computers. They map to unique Internet Protocol (IP) numbers that serve as routing addresses on the Internet. The domain name system (DNS) translates internet names into the IP numbers needed for transmission of information across the network. The challenge pursued by the following research is to provide a general outlook of the theoretical frame for the technical activity of domain name registration procedure, as well as the implication of complementary sources of rules. The territorial context of the analysis is only apparent, since the empirical application of concepts can also be applied by other jurisdictions. Palabras Claves Nombre de dominio, marcas, marcas de internet, derecho de marcas, competencia desleal, usurpación de marcas. Keywords Nombre de dominio, marcas, marcas de internet, derecho de marcas, competencia desleal, usurpación de marcas


2021 ◽  
Vol 9 ◽  
Author(s):  
Haiyan Xu ◽  
Zhaoxin Zhang ◽  
Bing Han ◽  
Jianen Yan

DNS plays an important role on the Internet. The addressing of most applications depends on the proper operation of DNS. The root servers and the top-level domain servers are relied upon by many domains on the Internet, and their security affects the whole Internet. As a result, more attention has been paid to the security of servers at these two levels. However, the security of second-level domains and their servers also needs to be brought to the forefront. This paper focuses on showing the complex resolving dependencies and identifying influential name servers for second-level domains. We start by detecting domain name resolution paths and building up a name dependency graph. Then we construct domain name resolution networks of different numbers and sizes, which are connected by a certain number of domain name resolution graphs. On this basis, the network is analyzed from the perspective of complex network analysis, and a multi-indicators node importance evaluation method based on partial order is proposed to identify the influential name servers of the network. Once these name servers are not properly configured and fail or are compromised by DDoS attacks, it will cause resolution failure for a wide range of domain names.


Obiter ◽  
2019 ◽  
Vol 40 (1) ◽  
Author(s):  
George Barrie

This note attempts to analyse the essence of presidential powers in South Africa. These powers are in essence found in sections 83−85 of the Constitution, which relate to “The President”, “Powers and functions of President” and “Executive authority of the Republic” respectively. After being in operation for close to two-and-a-half decades, questions still remain as to the precise meaning of the Constitution’s reference to the President as “head of state”, “head of the national executive” and being vested with “executive authority”. The existence of such questions, it is submitted, should be of some concern. Since the role of the President is critical in ensuring effective executive government, is it not imperative that, by this time, there should be a consensus as to the meaning of the terms “head of state”, “head of the national executive” and “executive authority”? The role of the President can be extremely politically demanding. Executive aggrandisement must be averted. Because our system of executive government is relatively unexplored given that the Constitution only dates from 1996, it needs to be developed in a truly democratic context with a keen sense of constitutionalism. This implies that the executive must be “unable to employ the strong arm tactics that an autocratic executive is by its very nature able to do”.The dilemma facing the South African President as head of state and head of the national executive and being vested with executive authority (sections 83, 84 and 85 of the Constitution) is similar to that faced by Abraham Lincoln on 4 July 1861 in his historic address to the United States Congress after the outbreak of the Civil War. Lincoln posed this question: “Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?”.In discussing the terms “head of state” and “head of the national executive”, the terms as they feature in the Constitution are referred to; the terms as interpreted and applied in practice are analysed and lastly the myriad questions raised by the terms are highlighted. It will emerge that when it comes to analysing these terms, there appear to be more questions than answers. It is submitted that these unanswered questions are not consonant with good governance and can only result in constant litigation.


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