reviews/domain-names-a-practical-guide.xml
<?xml version="1.0"?>
<page title="Domain Names: A Practical Guide" keywords="">
<item>
<p>Authors: Simon Halberstam, Joanne Brook, & Jonathan D.C. Turner</p>
<p>ISBN: <isbn>0-754-51491-9</isbn></p>
<p>Publisher: Butterworth's Tolley</p>
<p>Reviewed by: Roger Burton West</p>
</item><item>
<p>This slim volume is intended primarily for lawyers expecting to be
involved in domain name cases; it deals with the legal precedent
covering domain names, procedural issues (just what is involved with a
domain name registration), and current best practice. As such, it would
also be useful to businessmen wishing to register a domain name with a
minimum of disputation.</p>
<p>Ths book is split into six major parts: choosing and registering a
domain name, selling or transferring a domain name, changing
registration information, domain name disputes, frequently asked
questions, and appendices.</p>
<p>The writing style is lucid throughout, though the flow of text is
somewhat impaired by its being divided into short sections (very few
longer than a page). Each section is uniquely numbered, making citation
of this book a painless procedure.</p>
<p>The first part of the book introduces domain names in a non-technical
way, and describes both the types of name that can be registered
(including the misused country codes, such as .tv, becoming popular in
some circles) and the companies available to assist with this. It also
covers the registration of a domain name as a trademark: when it is wise
to attempt this, when it is possible, and the way in which it should be
done.</p>
<p>The second part covers the purchase of a domain name alr eady owned by
another - the reasons why one would wish to, and the means by which one
can do so. The second chapter deals with the mechanics of domain name
transfers, whether purely between owners or between registrars,
including best-practice notes on minimising the likelihood of a dispute.
The final, very substantial, chapter concerns the valuation of a domain
name, by categorising types of domain use (a taxonomy which deserves
wider consideration) and by suggesting (with examples) a number of
valuation procedures based on this division.</p>
<p>The third part consists of only a single chapter, explaining the
mechanics of changing registration information for a domain (in essence,
the contents of the whois record) when there is no transfer of ownership
involved.</p>
<p>The fourth, and by far the largest, part of the book deals with domain
name disputes: the reasons they arise, the main laws that are cited, and
the policies used to resolve such disputes. As one might expect, there
is substantial scope for "forum shopping" when considering the setting
in which a dispute is to be heard, and this section goes into some
detail on the relevant law: registered trade mark law from the EU and
the USA is covered, with both infringement tests and defences, as is
unfair competition law ("passing off", goodwill, and other such
considerations). The dispute resolution policies used by ICANN (UDRP and
STOP) and Nominet, including considerations of burden of proof and
suggestions to minimise delay and disputation, are considered in some
detail.</p>
<p>The fifth section, "FAQs", contains short descriptions of scenarios
which the authors have encountered, or which they feel provide useful
illustration of the system. While this is not of course legal advice in
the strict sense, it does give a feeling for this area of law.</p>
<p>The appendices are reference material: a glossary of terms and
abbreviations, ICANN's and Nominet's dispute resolution policies, and
lists of relevant cases and legislation. Much of this is already
available on the web, and the space could perhaps have been more
usefully taken up with more detailed examinations of specific domain
name disputes.</p>
<p>The principal failure of the book is that it is a snapshot of the
current legal situation: it does not make any mention of the current
trends in dispute resolution, but deals strictly with the present day.
This is of course useful to the intended audience, but is likely to
require frequent new editions of the book with substantial revision as
procedures and precedents change. Further, it is natural that a
publication such as this one, aimed at lawyers, will not mention the
antipathy felt by many domain name holders to the legal system, though a
brief consideration of this would surely be useful.</p>
<p>Overall, this is a useful guide for those not familiar with domain name
procedures but who expect to become involved with them. While there are
evident gaps in its coverage, these are in areas where lawyers will not
generally be directly involved.</p>
</item>
</page>
reviews/domain-names-a-practical-guide.xml
<?xml version="1.0"?>
<page title="Domain Names: A Practical Guide" keywords="">
<item>
<p>Authors: Simon Halberstam, Joanne Brook, & Jonathan D.C. Turner</p>
<p>ISBN: <isbn>0-754-51491-9</isbn></p>
<p>Publisher: Butterworth's Tolley</p>
<p>Reviewed by: Roger Burton West</p>
</item><item>
<p>This slim volume is intended primarily for lawyers expecting to be
involved in domain name cases; it deals with the legal precedent
covering domain names, procedural issues (just what is involved with a
domain name registration), and current best practice. As such, it would
also be useful to businessmen wishing to register a domain name with a
minimum of disputation.</p>
<p>Ths book is split into six major parts: choosing and registering a
domain name, selling or transferring a domain name, changing
registration information, domain name disputes, frequently asked
questions, and appendices.</p>
<p>The writing style is lucid throughout, though the flow of text is
somewhat impaired by its being divided into short sections (very few
longer than a page). Each section is uniquely numbered, making citation
of this book a painless procedure.</p>
<p>The first part of the book introduces domain names in a non-technical
way, and describes both the types of name that can be registered
(including the misused country codes, such as .tv, becoming popular in
some circles) and the companies available to assist with this. It also
covers the registration of a domain name as a trademark: when it is wise
to attempt this, when it is possible, and the way in which it should be
done.</p>
<p>The second part covers the purchase of a domain name alr eady owned by
another - the reasons why one would wish to, and the means by which one
can do so. The second chapter deals with the mechanics of domain name
transfers, whether purely between owners or between registrars,
including best-practice notes on minimising the likelihood of a dispute.
The final, very substantial, chapter concerns the valuation of a domain
name, by categorising types of domain use (a taxonomy which deserves
wider consideration) and by suggesting (with examples) a number of
valuation procedures based on this division.</p>
<p>The third part consists of only a single chapter, explaining the
mechanics of changing registration information for a domain (in essence,
the contents of the whois record) when there is no transfer of ownership
involved.</p>
<p>The fourth, and by far the largest, part of the book deals with domain
name disputes: the reasons they arise, the main laws that are cited, and
the policies used to resolve such disputes. As one might expect, there
is substantial scope for "forum shopping" when considering the setting
in which a dispute is to be heard, and this section goes into some
detail on the relevant law: registered trade mark law from the EU and
the USA is covered, with both infringement tests and defences, as is
unfair competition law ("passing off", goodwill, and other such
considerations). The dispute resolution policies used by ICANN (UDRP and
STOP) and Nominet, including considerations of burden of proof and
suggestions to minimise delay and disputation, are considered in some
detail.</p>
<p>The fifth section, "FAQs", contains short descriptions of scenarios
which the authors have encountered, or which they feel provide useful
illustration of the system. While this is not of course legal advice in
the strict sense, it does give a feeling for this area of law.</p>
<p>The appendices are reference material: a glossary of terms and
abbreviations, ICANN's and Nominet's dispute resolution policies, and
lists of relevant cases and legislation. Much of this is already
available on the web, and the space could perhaps have been more
usefully taken up with more detailed examinations of specific domain
name disputes.</p>
<p>The principal failure of the book is that it is a snapshot of the
current legal situation: it does not make any mention of the current
trends in dispute resolution, but deals strictly with the present day.
This is of course useful to the intended audience, but is likely to
require frequent new editions of the book with substantial revision as
procedures and precedents change. Further, it is natural that a
publication such as this one, aimed at lawyers, will not mention the
antipathy felt by many domain name holders to the legal system, though a
brief consideration of this would surely be useful.</p>
<p>Overall, this is a useful guide for those not familiar with domain name
procedures but who expect to become involved with them. While there are
evident gaps in its coverage, these are in areas where lawyers will not
generally be directly involved.</p>
</item>
</page>