more affirmation from the press

[rhys]

Couched within a negative article as the press like to do, is affirmation of the logic behind IDNs appeared on gendai.net today.

http://gendai.net/?m=view&g=wadai&c=050&no=17506

日本語ドメイン急増　予想される売買トラブル


　ホームページの住所を示すドメイン。Ｇｅｎｄａｉ．Ｎｅｔ／など、希望する文字列が空いていれば早い者勝ちで登録できるため、海外では商号などの固有名詞を登録して高額で取引する「ドメインビジネス」や名前のドメインを登録された有名人とのトラブルが絶えない。このドメインの日本語登録が本格化するため、国内でもこの種のトラブルが増えそうだ。
　先月、韓国ソウル中央地裁は、映画俳優「ツイスト・キム」と同じ名前のドメインでアダルトサイトを運営していた会社に罰金１０００万ウォン（約１２０万円）を支払うよう判決を下した。
　トラブルはこうした「本人の名誉を棄損した」ケースだけではない。ドメイン売買の第１号は１９９５年、米国の大学生マクドナルド君が取得したｍｃｄｏｎａｌｄｓ．Ｃｏｍをハンバーガーのマクドナルド社が買い取ったケースだ。解決金額は公表されていないが、億単位の金が動いたとか、地域のすべての小学校にパソコンの寄付が条件だったとかいわれている。
　最近では松坂大輔のドメイン名が買い取られたケースもある。巨額の金が動くためネット上でドメイン・オークションまで開かれている。
　日本国内ではドメイントラブルや売買が少なかったが、これからは増えそうだ。ＩＴ関係者が言う。
「９０年代までドメイン名には英数字しか使えず、２００１年に日本語ドメインが導入されたもののウェブブラウザーの環境が整ってませんでした。しかし、昨年１１月にマイクロソフト社のエクスプローラーのバージョン７が日本語ドメインを標準サポートするようになり、新発売のＶｉｓｔａもＯＫ。今後は爆発的に増えるはず。当然、あらゆる日本語が取得され、トラブルや売買が予想されます」
　他人に取得される前に商号や個人名の日本語ドメインを取得しておくほうがよさそう。ちなみに末尾は「．Ｊｐ」にしておくのがベター。日本独自の紛争処理の救済機関があるからだ。

You can run it through google translate to get the gist of it. But as a summary: Japan can expect to have an increasing amount of difficulty with domain names now. The article runs through the concept of trademark infringement with the mcdonalds.com case and more recently involving the case of a korean actor named "Twist Kim" who won an action against a porn site using his namesake domain. Historically, there has been little trouble regarding domain names in Japan but now according to IT related people this is set to drastically increase. "Through the 90's domain names were in English and numbers only, in 2001 Japanese language domains were introduced but the browser environment was not ready for it. Last year in November, MS released a Japanese version of Internet Explorer 7 which supports Japanese domain names. The newly released Vista OS also supports Japanese domain names. From this point on we expect an explosive increase in registrations. Naturally, as Japanese domain names get taken we can forecast trouble." So you had better register your related domain names as soon as possible before someone else does. It would be better for you to register .jp. because there is a conflict resolution system unique to Japan available for those who do.

[markits]

Originally Posted by rhys

It would be better for you to register .jp. because there is a conflict resolution system unique to Japan available for those who do.

This is statement is self conflicting:

If a conflict resolution system unique to Japan exists, they should reg more .coms to protect .them.

If a .jp is registered, the "conflict resolution system unique to Japan" will have no use.

Anyway, nice news and thanks for sharing!

[sarcle]

Originally Posted by rhys

It would be better for you to register .jp. because there is a conflict resolution system unique to Japan available for those who do.

Translation: We will yank all those .jp's from those greedy westerner hands; something we can't do with .com.


But great find. Nice to see the Japanese are catching on.

[thegenius1]

Originally Posted by sarcle

Translation: We will yank all those .jp's from those greedy westerner hands; something we can't do with .com.


But great find. Nice to see the Japanese are catching on.

I think your translation is incorrect !

[rhys]

Originally Posted by thegenius1

I think your translation is incorrect !

I think that sarcle is translating "between the lines" :p

Originally Posted by markits

This is statement is self conflicting:

If a conflict resolution system unique to Japan exists, they should reg more .coms to protect .them.

If a .jp is registered, the "conflict resolution system unique to Japan" will have no use.

Anyway, nice news and thanks for sharing!

I agree it is a weak argument if one thinks about it. However, it is one that is likely to appeal very strongly to Japanese people. It is also not at all a bad argument if you are looking for a strong defense for any claims against your domain name (like from a western company). For example, if your company name is "Pink House" and there is an American company also named "Pink House".

[sarcle]

Originally Posted by rhys

I think that sarcle is translating "between the lines" :p

Very true. I'm translating from a translated article, so I hope I'm wrong. I've got some really decent .jp's I'd be pissed if they were taken. But when they are already stating (conflict resolution system) - it makes me a little jittery.

[markits]

Originally Posted by rhys

I agree it is a weak argument if one thinks about it. However, it is one that is likely to appeal very strongly to Japanese people. It is also not at all a bad argument if you are looking for a strong defense for any claims against your domain name (like from a western company). For example, if your company name is "Pink House" and there is an American company also named "Pink House".

I am thinking otherwise. The majority of domains will be regged by ordinary domainers, not end-users. If one fears that his reg subjects to high risk of losing ownership for nothing, he will perhaps seek different ext options.

[sarcle]

Originally Posted by rhys

I agree it is a weak argument if one thinks about it. However, it is one that is likely to appeal very strongly to Japanese people. It is also not at all a bad argument if you are looking for a strong defense for any claims against your domain name (like from a western company). For example, if your company name is "Pink House" and there is an American company also named "Pink House".

This is not what I'm worried about. You don't think Japanese companies are going to go after generics like companies do here in "reverse domain hijacking"?

Let's just say for the sake of argument I own 職業.jp there is a company out there that uses this word within their business name and they come after me. How in the hell am I supposed to defend that in a Japanese court? That's my concern. And mark my words it will happen, not necessarily to any of mine or yours but there will be companies looking to go after foreign owned generics.

[markits]

Originally Posted by sarcle

Let's just say for the sake of argument I own 職業.jp there is a company out there that uses this word within their business name and they come after me. How in the hell am I supposed to defend that in a Japanese court?

Ouch!

[sarcle]

Originally Posted by markits

Ouch!

Yeah like I said it was just an example. I have no idea if there is a Japanese company that uses this within their name and I expect to build a site on this name but what am I to do if a company decides they want this name? What are my rights? I think my "droit" is very limited in how the system is set-up.

But you're right it will be a big "OUCH" if companies are planning on doing this. Especially if they know the power of generic terms and I'm sure they do.

[blastfromthepast]

No worries. See you in Western Samoa!

[Explorer]

Originally Posted by sarcle

Yeah like I said it was just an example. I have no idea if there is a Japanese company that uses this within their name and I expect to build a site on this name but what am I to do if a company decides they want this name? What are my rights? I think my "droit" is very limited in how the system is set-up.

But you're right it will be a big "OUCH" if companies are planning on doing this. Especially if they know the power of generic terms and I'm sure they do.

Maybe that's why .com should be worth more than .jp or .cn or .ru.

[sarcle]

Originally Posted by Explorer

Maybe that's why .com should be worth more than .jp or .cn or .ru.

This is exactly what I am saying. We have a much better chance of defending our .coms than we do our cctlds. And this article made that very clear.

[Rubber Duck]

This is precisely why from the outset speculation has focus on dot com.

I think those with dot WS, however, are safe enough.

[rhys]

It is difficult to say at this point. We need to confirm how this dispute resolution system works exactly. We also need to understand whether or not generic terms are defensible under this system. We also need to understand whether or not domains+ext can be filed as trademarks (as they cannot under US law).

Again this is not China. There is well established IP protection in Japan. And along with that comes clearer definition of what is NOT unique IP. I wouldn't panic.

Originally Posted by Explorer

Maybe that's why .com should be worth more than .jp or .cn or .ru.

Well, worth more to US as domainers, but perhaps not worth more to end users. We should be clear.

[sarcle]

Originally Posted by Rubber Duck

I think those with dot WS, however, are safe enough.

Originally Posted by rhys

I wouldn't panic.

Not panicked, just deeply concerned.

[rhys]

Originally Posted by markits

I am thinking otherwise. The majority of domains will be regged by ordinary domainers, not end-users. If one fears that his reg subjects to high risk of losing ownership for nothing, he will perhaps seek different ext options.

Unless the system protects you expressly from foreign domainers.

[seamo]

Originally Posted by Rubber Duck

I think those with dot WS, however, are safe enough.

Let's hope...I'll have the whole bleedin' government after me otherwise! :o

[blastfromthepast]

Originally Posted by rhys

Unless the system protects you expressly from foreign domainers.

Why would it be different this time?

[rhys]

Read this guys and let's discuss - this is the .jp dispute policy

http://www.nic.ad.jp/doc/jpnic-00877.html

http://www.nic.ad.jp/doc/jpnic-00876.html