Web address bill by Sen. Little will become law

[barefoot]

ALBANY — In 120 days, a person in New York state will no longer be able to register a domain name that is similar to or the same as another living person or business.

http://www.adirondackdailyenterprise.com/news/articles.asp?articleID=8132

 

[Biggie]

stupid law imo


..........but accidental registrations are okay?

 

[Thomas Nash]

Yep thats stupid, well, glad im not in NY.

 

[Theo]

Sen. Little probably has little brain.

 

[Bill Roy]

So any domain registered that is similar to a living person, now let us think, how many different names are there in the world?

Again a politician showing just how stupid he/she is by trying to grab headlines by bringing in a totally useless and unthoughtout law!

Oh yes, and how 'similar' is confusing? Well let's take the politician as an example, Bettie Little, so are the following similar enough?

Be
Bet
Bett
Bete
Betee
Beti
Betie
Betii
bety
Bette
Bettee
Betti
Bettie
Bettii
Betty
Lit
Litl
Littl
Lital
Litel
Litil
Littal
Littel
Littil

I got fed up very quickly so there are dozens not listed, who in the world voted this woman into office?

 

[PalmBeach]

How is paying to police / oversee that? The state?.....Good luck.

 

[Gerry]

BETTYLITTLE.BIZ
BETTYLITTLE.MOBI
BETTYLITTLE.US

all available

 

[Johnn]

DNforum.com - In 120 days, all domainers who live in NY state will move out of the state of NY. As a result of this incident, NY state will lose approximately 6.3 billion dollar in taxes as all domainers are not famous but rich!

 

[Bill Roy]

Ah well I guess this years New York Auction will not be repeated!

I remember when New York City was all but bankrupt and the battle to turn the city around, now you get idiots like this trying to destroy not only the City but the whole State! It beggers belief that the elected representatives of the third largest State in the US are such numb skulls and totally unaware of the modern world and the econiomics involved!

Just as an after thought, I wonder who will have the right to register a given name (or one similar) if like in my family my Grandfather, Father, and Son all have the same name as me? Do we have to get a legal agreement as to who has the right to the name, and what about a name like 'John Smith' (by the way John Smith's is also a famous brand of beer here in the UK)?

 

[barefoot]

Scary. This isn't just about famous people, it's anyone who is actually "living".

Now, which part of the article is correct?

1) "The law... is aimed at internet users who turn a profit by purchasing a domain name and then selling it back to the namesake."

OR

2) "...selling the domain name for financial gain to that person or any third party."

???

 

[Johnn]

Scary. This isn't just about famous people, it's anyone who is actually "living".

Now, which part of the article is correct?

1) "The law... is aimed at internet users who turn a profit by purchasing a domain name and then selling it back to the namesake."

OR

2) "...selling the domain name for financial gain to that person or any third party."

???

They need to have another 2 weeks session to clarify this.

But at the end if you have the name then you have two options:

1. Delete the name

or
2. Delete the person so he/she is not LIVING anymore so you can keep the name legally.

In the case of John Smith, you have to 'delete' a lot of people if you want to keep the name.

Do they have other better things to discuss?

 

[DomainMagnate]

can I change my name to business.com?

 

[whitebark]

2. Delete the person so he/she is not LIVING anymore so you can keep the name legally.

In the case of John Smith, you have to 'delete' a lot of people if you want to keep the name.

LOL Don't encourage anyone!

 

[HomerJ]

can I change my name to business.com?

yea i think ill have my name legally changed to Sex Com, middle name Dotk:

... is specific intent to profit from such name by selling the domain name for financial gain to that person or any third party.

ok so if you just park the name then its ok?

Violations are punishable by a civil penalty of up to $1,000 for each day the violation occurs.

absolutely ridiculous

 

[garyrcanuck]

Hey

What disturbs me about this law is that it appeared to be completed and passed quite quickly. What would happen if this Bimbo has senator friends in other states or god forbid in Canada. They would all get together, wherever these types gather and make a similar law in their own states., provinces?

I would think that there would be more pressing business in NY state than messing with this.

But hey, we all know what politicians are about, Just mainly a bunch of retired/bored lawyers trying to get noticed.:lol:

 

[ck89102]

Does anyone else think this signed NY state law could become a potential major hassle (to New Yorkers)?

Below is excerpt from State Senator Little's website about the law. This gives a little more info.
http://www.senatorlittle.com/press_archive_story.asp?id=17598

"It’s wrong, in my opinion, to buy up domain names reflecting the names of existing people or businesses with the intention of selling the names for a profit back to those persons or businesses. Individuals can easily and quickly search for the names of newly licensed businesses and then register domain names for a very low cost. The small business owner is then obliged to pay a high cost for a domain name important to the success of their business. That’s unfair."

Little said the new law, approved by Governor Eliot Spitzer on Wednesday, August 1, will prohibit a person or entity from registering a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's or entity's consent, with specific intent to profit from such name by selling the domain name for financial gain to that person or any third party.

A person or entity will only be liable for a violation if they are the domain name registrant or such registrant's authorized licensee. A person or entity who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, will not be liable if such name is used in, affiliated with, or related to a work of authorship protected under title 17 USC, including a work made for hire as defined in 17 USC 101, and if the person or entity registering the domain name is the copyright owner or licensee of the work, the person or entity intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person.

The law provides for a civil penalty of up to $1,000 for each day the violation occurs. In addition, the New York State Attorney General is enabled to apply to the Supreme Court for an injunction, including forfeiture or cancellation of the domain name. The registrar, domain name registry or other domain name registration authority will not be liable for injunctive or monetary relief under this section except in bad faith or reckless disregard, which includes willful failure to comply with any court order.
The law will take effect in 120 days.

 

[BobDiGiTaL]

......if there is specific intent to profit from such name by selling the domain name for financial gain to that person or any third party.

what if there is no "specific intent" to profit?

The law does not punish those who accidentally register a name that is or could be confused with another living person’s name.

Can't you just claim you made a "mistake"?

 

[acesfull]

ALBANY — In 120 days, a person in New York state will no longer be able to register a domain name that is similar to or the same as another living person or business.

http://www.adirondackdailyenterprise.com/news/articles.asp?articleID=8132

So, it's okay if you don't live in New York state? And it's okay if you register names before the law goes into effect, or already have such domains?

This seems to be another invitation for people to attempt reverse domain hijackings.

the law will prohibit a person or entity from registering a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person’s or entity’s consent

So lets try to clarify this... if you have a domain like billsmith.com, you will need to contact every possible person or business in the world with the name of Bill Smith or William Smith to get consent forms signed? Worse yet, "confusingly similar!?" So, now I'll have to contact all Willie Smiths, and Bill Schmits, etc, etc, etc? This is absolutely f***ing insane.

 

[ck89102]

Of course the law makes no sense. These people don't know what they are talking about.

I'm not sure of the intent but it's ramifications could be disturbing.

 

[Bill Roy]

Aces, you are absolutely correct!

Just to think this woman woke up one morning and read a newspaper article saying about cybersquatting was rife and thought 'I can stop this', half an hour later she has most probably come up with the law, worse still she convinces the Governor! Now I thought the Governor of a State had pretty impressive powers like able to call out the National Guard, etc. (I stand to be corrected here), but this man thinks this is a 'good law'? OMG, I really feel sorry for New Yorkers now.

I would suggest that as from the 120 days anybody in New York who registers a domain name with any of the following, but not restricted to the following, is an idiot:

1) Any name contained in any telephone directory in the world, whether personal or business.
2) Any word or non word that contains a syllable similar to any in (1) above.

Also is it not reasonable to suppose even if I reg'd 'BillRoy' that there would be other 'Bill Roys' in the world or similar, so therefore without doing a search of the names of everyone registered as alive in the world (something that is changing constantly) then the 'mistake' clause is pointless.

How much do State representatives earn in New York, whatever it is New Yorkers you are being swindled, they are not worth it. :upset::upset::upset: