Domain Name System in Different Jurisdictions - Term Paper Example

Domain Name System in Different Jurisdictions Abstract Internet is at the present common in every field of life as well as every kind of organization. With the facility of Internet individuals and organizations have better options for carrying out their tasks. At the present time, there are better ways of doing business, communication and information handling on the web. However, all the data or information presented on the web is an intellectual property. The consciousness about the preservation of the intellectual property is emerging day by day. The website domain names are also another form of online intellectual property. The research will present detailed analysis of the domain name system in different jurisdictions. According to (Turban, Leidner, McLean, & Wetherbe, 2005, pp. 217-218), web addresses at Internet are acknowledged as domain names. The Domain Name System synchronizes the two main types of translations: website hostnames to IP (internet protocol) addresses as well as IP addresses into hostnames. The conversion of web based IP addresses into web site hostnames is indispensable if the remote machine presents confirmation or logging. In the working of the DNS the Internet applications access DNS in the course of a resolver that is a software library connected by the application. A Domain Name System resolver interacts with one or more DNS servers to carry out these jobs on behalf of the application (Krishnan, 2004) and (Turban, Leidner, McLean, & Wetherbe, 2005). Basically, there are two levels in domain names. First level is known as top-level name like that amazon.com or phoenix.edu. While a second level name will be amazon.com/books or uel.ac.uk. The top level names are issued by central nonprofit companies that inspect the issues and potential violation of trademarks. Undoubtedly, organizations that sell products and services using Internet require customers to be capable to reach them without difficulty; therefore it is most excellent when the URL (web address) relates the organization’s name. However, troubles occur when a number of organizations that have matching names struggle for a same domain name. For instance, if a customer wants to reserve a room at a Holiday Inn hotel and the customer opens the URL ‘holidayinn.com’, and he finds the web site for a hotel situated in Niagara Falls, New York. On the other hand, to go to the hotel chain’s web site customer needs to open this URL holiday-inn.com, which looks similar. Furthermore, a number of cases of disputed name previously registered in the courts. Also, at international arbitration organization exists as a substitute to the courts. For the first time, the issue of domain names was appeared somewhat in 2001 after a number of upper level names were included to “com” (such as info and coop) (Turban, Leidner, McLean, & Wetherbe, 2005, pp. 217-218). Wurster (2009) describes about the personal jurisdiction as these issues always need to be considered while communicating, conversing or linking to some outer environment. It entails the basic question of whether a foreign person, organization, group or anybody needs to obey flow the lawsuit of any nation. The emergence of the Internet as well as e-commerce has made the issues of personal and organizational jurisdiction more complex and offered it even more significant problems for foreign dealings to consider (Wurster, 2009). It is a vital question “why we care for the DNS jurisdictions?” The fundamental need for the DNS has emerged due to the significance of online businesses, organizations or companies. Wurster (2009) answers to this question by describing that we care for DNS because foreign or local businesses use DNSs that are similar to business trademarks. For preserving the business identity as well as personal identity we need to care for this intellectual property (Wurster, 2009). For the better presevation of the DNS based intellectual property the World Intellectual Property Organization (WIPO) has establsihed an international procedure to build up recommendations on positive intellectual property matters linked by Internet domain names, comprising dispute resolution. The considration obtainable from WIPO Internet domain name method will be made open to the latest businesses that will be establsihed to run the technical as well as strategy characteristics of the Internet DNS, as well as will be informed to WIPO’s member States (World Intellectual Property Organization , 2009). As World Intellectual Property Organization (2009) explains that domain names were formerly intended to carry out simply the job of eastablishing the link among computers in the course of the Internet, they have urbanized into company identifiers for the reason that they are simple to memorize and utilize. (World Intellectual Property Organization , 2009). United States Congress has passed the Anti-cyber-squatting Consumer Protection Act (“ACPA”), 15 U.S.C. § 1125 (b) in 1999. According to this law online web based users, clients , groups and American businesses and organizations are secured and prohibiting the abusive registration and bad-faith of regarding the Internet domain names by means of the intent to have profit from the care linked by such web based platforms (Wurster, 2009). In this above mentioned decision District Judge T.S. Ellis, III, presented detailed clarification of domain names as position of the registrars DNS will be distinctive and will follow the other DNS definitions (Wurster, 2009). Silverman (2000) outlines about the U.S. Congress decisions; attempts those are made to explain and increase the authority of the federal courts, especially in contemporary "cyber-squatting" happening. Silverman (2000) discusses that domain names and trademarks module are discussed by the Congress and newly approved the ACPA or Anti-Cyber-squatting Piracy Act, that offers a source of action beside someone who, by means of a bad-faith intention to return as of the care of another's registers, trademark, traffics in, or utilizes a domain name that is same to, or confusingly related to a unique mark, or else dilutive of a well-known mark, with no consideration to the supplies or services of the groups. Return to the ACPA as well as pay consideration attention to sections 3002(a)[d](2)-[d](4), that Congress offers an in rem civil action besides a DNS in the legal region that the DNS registrar, domain name authority or other domain name registry that assigned or registered the domain name is positioned. In rem is an officially acceptable term utilized to assign events or procedures organized besides the thing, like opposed to the additional widespread proceedings those are beside the person (Silverman, 2000 ).  According to the Australian government jurisdiction a new domain name needs to be properly defined through the government jurisdiction. This facility can be accessed through this website: www.domainname.gov.au. After the proper registration of the website registrant (organization or individual) is responsible for maintaining accurate web based contact and Domain Name System (DNS) server details. The Australian government jurisdiction allows the renewing of the domain name after every two years through the payment of the applicable fees. This also facilitates regarding the better and superior availability of the legal action against some crimes regarding the web bases domain name (Domainname, 2009). According to Dalal (2006), India has also taken lot of positive steps for protecting the domain names. The main legal and jurisdictions steps are taken for the better handling and management of the DNS by giving them the status of the business trademark. Through this each business has a unique business DNS and its protection and handling will be done through the similar those steps are taken for protecting trademark through out the country (Dalal, 2006). Accrdoing to Dalal (2006), Inida has presently adopted the international regulation regarding the protection and handling of the domain name system. In the India this international regulation will be implemented by the WIPO and ICAN. International Trademark Association (INTA) has also considered the domain name of the website similar to the trade marks. The International Trademark Association has found some similarities in the trade marks and business website domain names (International Trademark Association , 2009). Conclusion Domain names are the main business identification over Internet. Organizations carry out business activities and differentiate their online business and identity through the web based platforms. The businesses and individuals need to establish an effective security and protection of the DNS. This paper has presented detailed analysis of the website domain names as well as lots of other linked areas of this online intellectual property. I hope this research will offer a detailed overview of the website domain name system in different jurisdictions. Bibliography Dalal, P. (2006). Domain Name Protection in India . Retrieved 11 29, 2009, from http://www.ipfrontline.com/depts/article.asp?id=8507&deptid=6 Domainname. (2009). Choosing a Domain Name. Retrieved 11 29, 2009, from http://www.domainname.gov.au/Choosing_a_Domain_Name International Trademark Association . (2009). INTRODUCTION, BACKGROUND, AND THE NEED FOR CHANGE. Retrieved 11 29, 2009, from INTA Response to the U.S. Government Paper on the Improvement of Technical Management of Internet Names and Addresses: http://www.ntia.doc.gov/ntiahome/domainname/130dftmail/scanned/INTA.htm Krishnan, K. (2004). Domain Name System (DNS). Retrieved November 30, 2009, from Computer Networks and Computer Security: http://docs.google.com/viewer?a=v&q=cache:SzuVN2UFs64J:www4.ncsu.edu/~kksivara/sfwr4c03/lectures/lecture6.pdf+domain+name+system+and+jurisdiction&hl=en&gl=pk&pid=bl&srcid=ADGEESgEM3QYPtnMhp4gtysVErji7y2aEpQfLFoCG0pQ30jpgN1H99O61OAhdp5ue6f074rUgdIZJhBid-Sz Silverman, M. (2000 ). Jurisdiction . Retrieved 11 30, 2009, from http://cyber.law.harvard.edu/property00/jurisdiction/main.html Turban, E., Leidner, D., McLean, E., & Wetherbe, J. (2005). Information Technology for Management: Transforming Organizations in the Digital Economy . New York: Wiley. World Intellectual Property Organization . (2009). WIPO Internet Domain Name Process. Retrieved 11 30, 2009, from Request for Comments on Issues Addressed in the WIPO Internet Domain Name Process: http://www.wipo.int/amc/en/processes/process1/rfc/2/index.html Wurster, K. (2009). INTERNET PERSONAL JURISDICTION WHAT’S IN A NAME? Retrieved 11 30, 2009, from http://docs.google.com/viewer?a=v&q=cache:Cu0RH9QdFNQJ:www.bakernet.com/NR/rdonlyres/0AAFE822-B220-479D-8873-7E6E7E1AABB9/29099/InternetPersonalJurisdiction.pdf+domain+name+system+and+jurisdiction&hl=en&gl=pk&pid=bl&srcid=ADGEESgijK447hbzCvNrZfqpm8gl9V3Jc Read More