Co-authored by Andrew Chulock
In the beginning, there was dot-com, and it was good. It was so
blissfully simple. If you were a company setting up shop on the Net, you
had but one choice for a generic top level domains (gTLD), the almighty
".com."
The current shortage of new ".com" names is a direct result of an old
policy. Way back in the dark ages of the Net, circa mid-1990s,
commercial entities by the thousand were directed to the ".com" gTLD.
They weren't permitted to register using other gTLDs like ".net"
(reserved for network related entities, hence the name .net), or "org"
(reserved for use by organizations). The result is that "com" names
became the symbol of commercial enterprises and success.
That old policy is now ancient history. (In Net time, "ancient
history is defined as 'before last week.'") Anybody can now register a
"net" or ".org" domain. This has been a profit center for companies that
register domains since the textbook advice today is that you should
register the ".com," ".net," and ".org" versions of any domain you want.
So, instead of having to pay $35 per year to own a domain, you're forced
to pay triple that amount.
It's not that you want to use all three versions, but what you want
to do is prevent anybody else from having them. For example, if you're
CNN, you don't want somebody else to gain from the fame you've brought
to these simple three letters by them owning cnn.org.
Funny thing is that not every big brand name website learned this
lesson fast enough. So, if you go to amazon.net, you won't find books,
but rather you'll find an unrelated Internet Service Provider. If you
travel to amazon.org, you'll find resources for lesbians and bi-women.
From Coconuts to ".cc" If you thought it was getting too complicated
and expensive because your e-commerce lawyer will now advise you to
register three versions of every domain name you want, it's even more
complicated than that and getting worse. Ever heard of y-100.cc or
mega1035.cc? You may have also noticed Internet addresses that end with
"to," "il" and other letters.
These final letter combinations are country code top level domains
(TLDs). They're nothing more than a TLD assigned to a specific country.
Other popular country code TLDs include "fm," "ws" and ".tv." These,
like all country codes, were originally intended for use by the
residents of their respective countries.
A few enterprising countries have realized that the shortage of
"coms," combined with the rather catchy two letter abbreviations of
their countries, which just happen to mean something else in English,
have made for a very profitable business. In some cases, the income from
country codes has become a major revenue source for some small
countries.
For example, "cc," is the country code TLD for the Cook Islands,
which are near Australia. Before it began marketing its "cc" TLD,
coconuts were the major source of income for these islands. They've come
a long way baby.
The "cc" TLD has become popular for many reasons including that it's
easy to remember and unlike many other country code TLDs, it has a
working registration interface in English.
Another great example of a small nation cashing in on some rather
good luck is the tiny island nation of Tuvalu, which was assigned the
"tv" TLD. Recognizing the commercial viability of the "tv" TLD, Tuvalu
decided to sell its rights to ".tv" to a company called DotTv for $50
million. DotTv's guaranteed minimum payment of $1 million dollars per
quarter to Tuvalu is the largest source of income to this island
nation of 10,600 people.
While a cool and highly recognizable TLD may be a windfall for these
small nations fortunate enough to have them, this also creates a
nightmare for companies looking to preserve their domain identities.
Now, it's not just the basic suite of "com" "net," and "org" that you
need to register, now you also have to consider country code TLDs like
".tv," ".cc" ".md," and ".ws."
Many of these country code TLDs charge substantially more than the
$35 per year that you'll pay for a "com." For example, "tv" auctions its
supply of domains, rather than selling them for a set price. A search
for sports.tv displayed an opening bid of $1 million!
Even if we put aside the astronomical auction prices, if you were to
register your company's domain in all 238 countries at an average cost
of $100 per country, your company would have to shell out $23,800 just
for domains.
If you think litigating in an American court to defend your ".com" is
an ugly prospect, now imagine dealing with the issue in some country
half way around the world. For right now, the best answer may be to
promptly register country code TLDs in every country where you do
business or foresee doing business in the future. With time, maybe a
better system will develop, but until then, the mass registration
strategy remains the best one. By the way, you will find the company you
would expect to find at www.coke.cc.
Mark Grossman's "TechLaw" column appears in numerous publications. Mark Grossman has extensive experience as a speaker as well. If you would like him to speak before your group or corporate meeting, please call (305) 443-8180 for information.
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