IFPI Domain Dispute Likely to Go To Court 90
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."
Not actually squatting (Score:3, Interesting)
Still, one shouldn't underestimate the potential for corruption in organizations like the WIPO. Especially since they have their hands in the large and varied jar of "intellectual property".
This is not Cybersquatting (Score:5, Interesting)
First, the premise behind Cybersquatting is to obtain money or some other form of compensation. The Pirate Bay has no intention and no desire to obtain any compensation from them. While the site being made may be satirical or "nyah nyah nyah nyah nyah" in focus... it's still not cybersquatting.
Looks like someone forgot to pay for the domain, the name lapsed and somebody picked it up then gave it to Pirate Bay. And unless the law changes... Pirate Bay wins.
I love it when the magic works... (Score:2, Interesting)
Now if we could just get a photograph of Mickey Mouse smoking a dube.
Ed
Re:I love it when the magic works... (Score:5, Interesting)
Re:Not actually squatting (Score:5, Interesting)
The IFPI is not a business. Pirate Bay is not its competitor. This clearly doesn't apply.
This is harder. However, the IFPI.com site has a prominent link to IFPI.org along with a disclaimer pointing out that they are not affiliated. Such disclaimers and links have, I believe, been successful in the past at protecting against claims under this term.
I think TPB have a fairly good case to keep the domain.
Re:Pretty Cheesy (Score:3, Interesting)
Relevant quote:
Re:Cut the BS PirateBay! (Score:3, Interesting)
I also find civil disobedience highly selfish, because you're refusing to play by society's rules to your benefit and often to the detriment of others. Civil disobedience may seem like a righteous cause, but it's rather infuriating to be on the other side of. For example, I once expressed my opinions on driving on Slashdot, about how I drive on or below the speed limit (on it if people want me to go fast), and how I don't mind which lane I'm in when I do it. IIRC, I received two death threats, and a few people trying to convince me that not only is it immoral, but somehow illegal. My example wasn't civil disobedience so much as civil obedience, and Slashdotters did not like it. Not as far as I can tell. They just seem to be running a music business independent of the RIAA. They don't seem to be making any arguments, let alone convincing ones. The business who's making the arguments is the PirateBay, who constantly claims it's for free expression, which just gets on my nerves. They champion extremist libertarianism, where despite all the evidence and reasoning in favour of copyrights, they maintain will somehow be good for art. They come off sounding as extreme as Sony does when its representatives claim that ripping a CD is stealing. I'm all for them arguing, but they are going ahead and undermining copyrights, and they've managed to do so from a legally defensible position. They know what they're helping to do, they know what most of their users are doing, and that it's illegal in most countries (including their own), but they also know that they're legal. I think it's a tragedy.
[Mods: I've had too many of my posts modded down today by people who don't like discussions to contain opposing viewpoints. Please just leave me alone if you don't agree. Thanks in advance]
Re:Cut the BS PirateBay! (Score:3, Interesting)
I wanted to add that your views on civil disobedience, particularly the selfish nature of them, are skewed. Most people who cry "civil disobedience!" aren't enacting true civil disobedience. It's not just about breaking the law that you feel is unjust. It's about dealing with the consequences, and using the attention you get from those consequences to fuel your cause and get people on your side.
If I pirate a movie, that's not civil disobedience. If I pirate a movie, get caught, refuse to pay the fine, go to court, refuse to pay out THERE, and get thrown in jail, that's civil disobedience. Folding the second you're offered a settlement so that you can get on with your life is just getting caught and trying to get out of trouble.
True civil disobedience is a huge gambit. You're risking your future and your freedom for a cause you believe in. I daresay that no one who promotes copyright-infringement disobedience really cares that much about copyright reform--they just use that to justify their actions.
Who's arguing? (Score:3, Interesting)
Sancho: You have some valid points. It isn't that democracy itself is bad, but rather that the people who have the most control of the government, and the laws created by the government, are not for the most part in the control of the people supposedly represented. If you educate 10,000 people about the issue, then get their opinions, I'd be shocked to hear that most of them think the current system of content distribution is fair. If the will of the people, as determined by an educated majority were to actually be followed by the legislative branch and enforced, then The Pirate Bay would have to change their name.
It is by this definition that I call the the body of law bad from TPB's perspective. I'm don't think I have the education to make that call myself. The problem with law and government is that there isn't really much of a good way to do it. I can certainly see problems with our form of government (I do live in the US) but I've really not been able to determine how to fix it. Personally, I'm not willing to pay the penalties so I'm not willing to break the law to make a point. I'm also not willing to give my own money to those I believe are abusing their position, so I do without. I can live with that. I simply don't desire the content at the lower price and higher risk enough to break the law. I'm not making much of a difference, but it is a small one and isn't motivated by selfishness. I choose in this instance first to vote with my wallet. Second though, I'll vote with a ballot, as much as I can given other matters of conscience. I have been fairly consistent in voting for a primary of the two parties here, but if one came out and espoused a desire to see the system changed, providing they weren't otherwise too horribly objectionable, I'd vote for that party. No parties have come out with that position though, because they cannot, they either alienate their financial supporters or they alienate the voters. It's lose/lose for them, so I'm not holding my breath that my ballot will affect this issue any time soon.
TheVelvetFlamebait: That segues nicely into the question of whether allowing people to use your service to break the law in their own country is immoral. If you believe your laws are moral and the laws of another country are immoral, then how is it wrong to assist people in other countries if they choose to break their own laws? I think this is what TPB is actually doing. The real problem is that a huge number of the citizens of the US are willing to break the laws. If they weren't, then there would be no profit for TPB. If you're ticked off because it affects you negatively, well, that's where you get the opportunity to get your country's laws changed to stop allowing TPB to be able to do business with the US. If there is no jurisdiction to directly affect them, then censorship (blocking their IPs) would be sufficient alternative. I think China has done a good bit of research on how to control their citizens' Internet use, so it's not even uncharted territory.
Of course the obvious rebuttal to that is to more rigidly enforce the existing laws, track down the criminals and make them pay. If a significant enough portion of the population of any governed people starts breaking a law though, it is probably time to reconsider that law. Until I thought this through for this very post, I was still a fence sitter, but now I believe the laws are immoral and need to be changed and I do not believe it will happen in the reasonable future due to the reasons that Sancho clearly defined. Essentially I've decided that this is not an issue that is caused by some people doing something they know is wrong, but by a huge number of people who are willing to take significant risks (and I don't know how stupid you'd have to be to not realize that pirating content is a significant risk) because they feel the system is wrong. I don't know if your average pirate would be able to express it clearly without prompting, but starting asking those who do download, "Do you pirate the music because the record c
Re:Not actually squatting (Score:3, Interesting)
you left out the important part:
"by creating a likelihood of confusion with the complainant's mark"
of course almost all domain names would qualify as attempting to gain traffic with their domain name choice, thats the point. pirate bay likely has no interest in those attempting to contact the ifpi.org, they do whoever want to get all the publicity possible out of the website name.
this would easily be shown simply with the traffic logs from ifpi.com before and after piratebay took over, a likely 100 fold increase in traffic after transitioned should put a end to thoughts that the previous visitors were the target.