New book on domain name regulation

Konstantinos Komaitis k.komaitis at STRATH.AC.UK
Fri Jun 11 18:18:28 CEST 2010


Dear all,

To those interested, my book on domain name regulation has just been
published. I am including a blurb from my publishers and some information
where to find it.

With many thanks

KK

Routledge have just published the following book which you may find of
interest. It is available now from all good bookstores, or direct from our
website. 
 

The Current State of Domain Name Regulation
Domain Names as Second Class Citizens in a Mark-dominated World
By Konstantinos Komaitis

In this book Konstantinos Komaitis identifies a tripartite problem ­
intellectual, institutional and ethical ­ inherent in the domain name
regulation culture. Using the theory of property, Komaitis discusses domain
names as sui generis Œe-property¹ rights and analyses the experience of the
past ten years, through the Uniform Domain Name Dispute Resolution Policy
(UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The
institutional deficit he identifies, generates a further discussion on the
ethical dimensions in the regulation of domain names and prompts Komaitis to
suggest the creation of an environment based on justice.
The relationship between trademarks and domain names has always been
contentious and the existing institutions of the UDRP and ACPA have not
assisted in alleviating the tension between the two identifiers. Over the
past ten years, the trademark community has been systematic in encouraging
and promoting a culture that indiscriminately considers domain names as
secondclass citizens, suggesting that trademark rights should have priority
over the registration in the domain name space.
Komaitis disputes this assertion and brings to light the injustices and the
trademark-oriented nature of the UDRP and ACPA. He queries what the
appropriate legal source to protect registrants when not seeking to promote
trademark interests is. He also delineates a legal hypothesis on their
nature as well as the steps of their institutionalisation process that we
need to reverse, seeking to create a just framework for the regulation of
domain names. Finally he explores how the current policies contribute to the
philosophy of domain names as second-class citizens.
With these questions in mind, Komaitis suggests some recommendations
concerning the reconfiguration of the regulation of domain names.

June 2010: 296pp
HB: 978-0-415-47776-5: £75.00
eBook: 978-0-203-84958-3



For more information including a table of contents, or to order your copy,
please visit http://www.routledge.com/9780415477765
<http://www.routledge.com/9780415477765>

-- 
Dr. Konstantinos Komaitis,
Lecturer in Law,
GigaNet Membership Chair,
University of Strathclyde,
The Lord Hope Building,
141 St. James Road,
Glasgow, G4 0LT,
UK
tel: +44 (0)141 548 4306
email: k.komaitis at strath.ac.uk 

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