IFPI Domain Dispute Likely to Go To Court

fgaliegue writes "Ars Technica has a follow-up on the ifpi.com domain takeover by The Pirate Bay. The International Federation of the Phonographic Industry, ifpi.org, is quite unhappy that the .com is now a link to the (still not live) International Federation of Pirates Interests. The ifpi.com domain has been free as soon as March of this year, according to WebArchive. Nevertheless, the "real" IFPI wants to take it to the WIPO under the accusation of cybersquatting."

it's in use

[v1]

Despite the looks of the headlines hre, TPB IS using the site. Heck, they've got more content on their page than I do on mine. It's not a lot more than a "comig soon..." page but we see that all the time for businesses that are just getting their cyberpresense off the ground. I suppose every reasonable person already has concluded that the IFPI (org) doesn't have a leg to stand on but I am enjoying the opportunity to laugh at (A) the org's ineptitude of allowing this to happen in the first place, and (B) for an organization that so enjoys perverting the law to their benefit finding themselves clearly positioned on the other end of the gun.

If TPB requested a legal fund to defend themselves on this issue, I'd be tossing them some coin right now. Give 'em hell.

Re:Not actually squatting

[julesh]

Also, TPB doesn't gain commercially from any visitors it attracts to the site. It's (likely to be) a political campaigning site. There are free speech arguments to be made here.

Re:Pretty Cheesy

[ScrewMaster]

Well, I disagree. An outfit whose sole purpose is to protect intellectual property interests should have been more competent in the IT department, and protected their own domain a little better. They screwed up. Let them take their lumps, just like anyone else that forgets to fork over a few bucks to their registrar.

So, if you're trying to imply that The Pirate Bay hacked into their site and took it over that's just wrong. They got hold of a lapsed domain name and apparently they're using it. The fact that they torqued off the IFPI (not a pleasant bunch to begin with) is just too bad. Furthermore, it's exactly the sort of thing that The Pirate Bay would do ... keep in mind that they have just as much of an agenda as the IFPI and their ilk. Raising awareness of these rather important issues is one of the things that The Pirate Bay likes to do, and this is one hell of a way to do it.

Besides, I think it's hysterical. And I wouldn't be too sure of the WIPO business either.

Re:Cut the BS PirateBay!

[ancientt]

The Pirate Bay and others like it are fighting a battle where the clashing ideologies are essentially based on who has a right to make how much money. The *AA believe they have the right to profit the most from music and have the system of law to back them up. The opposing group believes that this system of law squelches art and freedom and may well eventually destroy the ability of the artist to have music, movies or other art distributed in a fair manner to the masses.

Since there is a body of law in question, the issue is not so simple as just two groups arguing, the one without the legal backing must by definition break the laws in order to do what they feel is ethically right. It is immoral and unethical to follow a bad law, and they believe the laws concerning copyright are bad ones.

Radiohead and allofmp3.com make convincing arguments that the current system does in fact depress creative and free expression. The issue doesn't affect me directly since I don't purchase and don't download and rarely listen to music and don't watch movies other than the ones on broadcast TV. Still, I watch closely since flouted laws tend to get changed after a lot of squabbling, and maybe someday there will be sufficient art out there that some of it will appeal to me.

in a perfect world

[someone1234]

the 'pirates' would have gotten .org and the phonographic guys would have gotten the .com domain.

Re:Not actually squatting

[Frosty Piss]

The IFPI is not a business. Pirate Bay is not its competitor. This clearly doesn't apply.

Oh come on! The IFPI is an outfit whose sole purpose is to protect intellectual property interests of their masters. Pirate Bay is an "anti-IP" organization, clearly there is a connection. Pirate Bay didn't just buy some random domain for no particular reason.

And who said they have to be businesses in competition? (IV) says "...intentionally attempted to attract, for commercial gain...". Last time I checked, Pirate Bay ran scads of ads, which they don't give away for free. If you're honest you understand clearly that Pirate Bay bought the domain because of its connection to IFPI.org, and a reasonable person assumes that such a connection exists and would drive traffic.

Cyber Squatting?

[Efialtis]

My understanding of "squatting" is, "Squatting is the act of occupying an abandoned or unoccupied [name]space or ... [domain] that the squatter does not own, rent or otherwise have permission to use."
And "cybersquatting" is, "The act of registering a domain name in bad faith, with the sole intent to sell that domain name to its rightful owner."
So, if Pirate Bay buys a domain that was unoccupied, and they plan to use it, then they DO NOT fall into either category...
Maybe someone should point this out before it goes to court...