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Is it time to move on squatting?

The .com domain is split between squatting and kiting

         

vincevincevince

12:12 pm on May 26, 2006 (gmt 0)

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So many .com domains are being squatted now and have been for many years, yet nothing has been done.

I think it's time for a rule to say that if a domain hasn't been substantially developed in two years then it will be deregistered and the domain awarded to the applicant with the highest merit in a usage application?

I propose this because there would be too much of an outcry if it became a criminal offence to renew a domain without the honest intention to develop it within the next six months.

Squatters have had plenty of time to make their money and anyone who has entered the game in recent years knew what they were getting involved with.

Webwork

12:44 pm on May 26, 2006 (gmt 0)

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substantially developed

Unworkable concept.

Would a single page website with that person's statement of their world view relating to the domain's topic meet your standard?

Suppose I took Business.com and created a 1 page website that set forth my biased view of the globalization of commerce? Would that meet the standard?

Suppose I then added AdSense to that 1 page website?

Suppose I simply created a webpage that linked to websites related to the topic of the domain name? 1 very long webpage?

What about a 1 or 2 page microsite hawking an ebook related to the domain name? Would that qualify?

What if I did a redirect from a plural of a domain to a singular of that domain?

What if I put up a website for a month and then took it down for 2 years, during which time I redirected the domain to another website?

Domain Police? Domain Development Court? Domain Court of Appeals?

Where will Domain Development Court be located? In the U.S.? India? Russia?

Domain names are raw land. As long as you pay the fee you can do whatever you like with GTLDs. The minute anyone attempts to rewrite the rules all those pieces of real estate will put up whatever shack is required to meet the new standard and trust me, the standard will have to be "shack grade" or you will hear the screams not only from the holders of the raw land but also from all the holders of hobby sites, personal sites, small business sites, etc. as they - too - will become targets of challenges based upon allegations of insubstantial development.

If what bothers you is the domain names that are parked with PPC firms don't worry: The PPC firms are working on that issue as I type. Take a look at the new and improved BuyDomains landers and what Marchex is doing with their "better domain" landers. Soon you won't be able to tell parked domains from portals: news feeds, directories, articles, etc.

OptiRex

1:13 pm on May 26, 2006 (gmt 0)



Excellent response Webwork, not what vincevincevince wanted to read however you do point out the difficulties very clearly.

vincevincevince

3:17 pm on May 26, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Webwork, that's the response I expected, but I do feel something needs to be done. Domain squatting just isn't right isn't in the spirit of the internet. So many things have been put-right and done-better as time has gone by - but the domain market for .com is getting worse each year.

There was a time when the internet was about something other than blatent profiteering...

I've seen domains I've wanted being sold at prices I could have easily afforded and justified. I'd never buy them because I find there's something almost immoral about the squatting industry.

jtara

4:02 pm on May 26, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I have to agree with other's comments on the impracticality of determining "use". First of all, the Domain Name System does NOT exist solely for the convenience of the World Wide Web. It's purpose is to name IP addresses. But not for any specific purpose or service.

But you also mentioned "kiting" in your heading, without further mention. I assume by this you mean the practice of "testing" domain names with the privilege of returning them at no cost within 5 days.

IMO, this practice should be absolutely outlawed. It's an outlandish violation of the public trust that this is premitted.

creepychris

4:36 pm on May 26, 2006 (gmt 0)

10+ Year Member



I agree with Webwork. It is an unworkable concept. The last thing ICANN wants to get involved with is making judgment calls on what is content and what is thrown up for the sake of maintaining domain rights.

I have been thinking about this a lot lately, and for the sake of playing Devil's Advocate, I would like to suggest a substantial raise in domain prices COULD be beneficial: There are of course winners and losers, and I don't want to frame this debate as a morality debate, just frame it from the point of view of who wins and who loses and what effects it has on the various constituencies of the internet. Consider three groups: domain name speculators, content developers, and hobbyists and upstarts (or junior content developers if you like).

If domain names were raised to say $50.00 a shot, it would harm domain name speculators far more than it would harm content developers. If you are a content developer, with a single site earning say $10,000, fifty dollars represents one half of one percent of your revenue. That’s chump change gladly paid. In fact, real developers often pay much more for their domains than $50.00 because they are forward looking and know the value of getting the domain name right from the beginning.

For a domain name speculator with 500 domains under your belt that were originally bought at $5.00 for $2500.00 a year (which can be made back from the sale of 1 prime or 10 mediocre domains), your cost per year suddenly becomes $25,000 a year which makes your portfolio unworkable unless you have some really prime domains. The result is that domain name speculators dump large portions of their portfolio.

With domain name speculators suddenly dumping portfolios, the market becomes flooded with domain names. Options abound for content developers. This further degrades the value of remaining portfolios of domain speculators because with so many substitutes on the market, they are getting less hits on their portfolios especially from content developers just testing the water on a concept.

Hobbyists and upstarts will be affected adversely, because while I think $50.00 is chump change, I know from anecdotal experience, this cost is high enough that it will keep them out of the market. However, there are free subdomain services out there (Once upon a time I had a homestead domain). And since hobbyists are not worried about image so much they would (and do!) go that route all the time.

Anyways, that’s just a thought.

creepychris

5:18 pm on May 26, 2006 (gmt 0)

10+ Year Member



I should add, it would also affect the affiliate site developers who develop 50 sites hoping to make $100.00 off of each. In summary, a raise in domain prices favours developing large sites over developing many small sites.

ogletree

6:03 pm on May 26, 2006 (gmt 0)

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Yeah and it's not fair that people by land and don't build anything on it. That is what you just said. A domain is just real estate.

creepychris

6:36 pm on May 26, 2006 (gmt 0)

10+ Year Member



Yeah and it's not fair that people by land and don't build anything on it. That is what you just said. A domain is just real estate.

Land is heavily taxed which prevents over speculation. The higher the tax, the more it costs not to use it and just store it. Remember, I'm just being Devil's Advocate here. Domain speculation hasn't affected me overly much.

Webwork

8:42 pm on May 26, 2006 (gmt 0)

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Domain squatting just isn't right

Domain "tasting" I can do without and there's a solution for the practice: Just collect a little fee for a little taste.

Otherwise, this issue was pretty fully vetted in 1999 and the arguments haven't changed much since then.

I wish I had more time, but I don't, so I own quite a few domain names that will only be developed as time allows. I, like many, took the real estate view of domains when I acquired many of them: acquire the parcel and then throw up a building either when the traffic increased or when time and cash flow allowed. Is that squatting or is that simply wise planning? I prefer to think of it as wise planning and I think time has proven me right, as 1) I'm certain that the same domains would not be available to me now for open registration, and 2) the domains would cost me quite a bit more in the aftermarket or to otherwise pry them from someone else holding them for development.

vincevincevince

1:57 am on May 27, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Yeah and it's not fair that people by land and don't build anything on it. That is what you just said. A domain is just real estate.

I'm afraid I can't agree with that - a domain registration is a payment to place an entry in the register of domain names to facilitate easy access to your website. The fees charged are meant to reflect the costs of maintaining the database. Domains are not bought, they are registered. If the registrant isn't using the register entry then there's no reason why they should be allowed to keep it, year after year.

creepychris - I do like your suggestion about raising the prices. I'd be happy to pay $100 a year for a .com domain. The extra income could go to good-causes such as providing internet access for poor remote communities and fighting child porn.

Let those who find that is too expensive find a cheaper TLD. The .ac domain has been kept in good condition by charging 60 pounds (around $100) and I've bought them quite happily for sites which have needed them.

Perhaps the easiest thing to do would be to cap the price of a domain at the price of a domain registration and have a fixed penalty equal to twice the profit. i.e. I buy nicename.com from you for $400 when the registration cost is only $8, I can immediately file a claim against you for ($800-$8 x 2=) $784 plus costs. It would be worth me buying it just to get the compensation! Penalty for failing to pay can include deregistration of all the seller's other domains as well as standard debt recovery.

ogletree

5:14 am on May 27, 2006 (gmt 0)

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This is just like real estate and just like wireless frequencies. Something exists. Some governing body handles it. There are many things like this. Many people in many different industries make a lot of money because they were in the right place at the right time and knew what to grab. Domains have value and people are going to want to hold onto valuable things. Anything that has value will be obtained. It is unrealistic and weird to say that something that has value should just lay around unowned. Yes you can say this is not like other things but in the most basic since it is the same. It does not seem fair that somebody can get a patent on something simple but they do. This is how our society does things get used to it.

graeme_p

9:40 am on May 27, 2006 (gmt 0)

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There was s similar thread a few weeks ago so obviously this is bothering a lot of people.

I have two alternatives to simply raising prices:

1) limit the number of domains an entity (i.e. a person or company) can register to say ten per TLD (i.e. ten .com ten .org etc.).

2) increase the prices as an entity registers more domains: i.e. first fice .coms at $10, next five at $20 etc.

It would be possible to get around either restriction by registering holding companies but that will itself impose extra costs (registration, audit, filing fees, admin expenses..).

Of course the problems are:

1) ICANN already has a binding contract with Verisgn over dot com resistrations.
2) Both speculators and registrars make lots of money out of the existing system and will oppose change. The registrars have a lot of clout.

wildpetals

11:58 pm on May 27, 2006 (gmt 0)

10+ Year Member



awe comeon... this is not making any sense. you don't have to develop a domain to make use of a domain name. You may only want email. There are a lot of people using names for email only. there is no law requiring that people develop web sites, and why make it obtainable to only those who have enough money to pay higher fees? I think this is really unnecessary. If people want to pay for a name, why not let them. If others are too slow to get the name they want, well.... then pay the other guy for the name or come up with something else.

vincevincevince

4:15 am on May 28, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You may only want email.

That is a legitimate use for a domain name. What isn't legitimate is holding it just to sell it.

creepychris

5:38 pm on May 28, 2006 (gmt 0)

10+ Year Member



What isn't legitimate is holding it just to sell it.

But how do you know if someone is holding to sell it, holding it for future development, or was holding it for future development but now decides to unload it? I also subscribe to the Domain as Real Estate point of view and see nothing wrong with selling domain names for profits.

But OTOH, if hording of domain names results in social ills, I think it is best corrected with the 'domain tax' (though I hesitate to use the word tax since clearly no national government would be able to collect it).

jk3210

6:14 pm on May 28, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



On the other hand, once the internet becomes taxable, what if some enterprising government entity decides you AREN'T making to best use of a particular domain and persues an action under this little jewel [straylight.law.cornell.edu], making the cost of holding a domain go from $3 per year registration fee to $300,000 in legal fees. (Total of $300,003)

davezan

7:49 pm on May 28, 2006 (gmt 0)

10+ Year Member



Everyone's practically given their side, mostly the cons. But ff this sort of thing pushes through, just remember it'll also affect you.

And once this happens, it might not be as easy to "undo" it.

So be careful what you wish for. You might just regret it, especially if someone uses that against you.

creepychris

8:07 pm on May 28, 2006 (gmt 0)

10+ Year Member



And once this happens, it might not be as easy to "undo" it.

There is much wisdom in that statement. With any proposed regulation, you never know what you are getting until you enact it, and then its too late when you find out it wasn't what you wished for. That is in itself a strong argument for the status quo. Better the devil you know . . .

I would hate to have anything left open to someone else's interpretation. And that is why I'm opposed to any usage restriction, but am willing to entertain an increase in base fee for domain names. Because at least that is black and white: You just pay more money.

vincevincevince

3:18 am on May 29, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



With many allocations of what are essentially shared public resources (i.e. domain names) it is expected that applicatants complete application forms and are judged upon merit.

Would it be reasonable to ask a domain name applicant to write a paragraph explaining what the domain name will be used for and enter a schedule for development? The domain name could then be granted on condition of adherence to the development schedule or rejected with a requirement of a) a more beneficial use or b) a tighter schedule.

wildpetals

5:34 am on May 29, 2006 (gmt 0)

10+ Year Member



you want to create a red-tape system for this? how many countless people would be required to do this evaluation world wide? and who is the final person who decides? How about just paying the people on the side to approve the process? This seems just absolutely unmanageable.

wildpetals

5:37 am on May 29, 2006 (gmt 0)

10+ Year Member



oops that was not quite complete, I was trying to point out how special interest groups could just slip money to the people who judge. There is no guarantee of "fair" in the world. And if people want to sell names, why not? (I've never sold one btw, and have no intention to do so, however, I would not fault someone who did.)

graeme_p

9:14 am on May 29, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I agree about the red tape, but why not make it more expensive to hold large numbers of domains?

wildpetals

2:33 pm on May 29, 2006 (gmt 0)

10+ Year Member



Why should it be more expensive? why shouldn't people buy whatever names they want? And who decides what is too many. I have many interests.. I create sites on specific information that I happen to know about. Why punish someone like me. I have a bunch of domains I have yet to develop, but as I have time I will. If I wait to buy the name when I have the time to develop it exactly, the name will be gone. Why does EVERYTHING need control? IMHO There is just nothing that warrants that kind of control, and since this is a World Wide Web...... who decides? Do we need a united nations of Internic? I think not.

DNportfolio

6:17 pm on May 29, 2006 (gmt 0)

10+ Year Member



I can't believe some of the arguments I'm reading in this thread. Some people are clearly forgetting about the concept of free enterprise and, indeed, the whole concept behind the Internet.

Consider this. Every day, people buy raw land for investment purposes. If these investors don't put a building on their property within, say, 6 months, should a government have the right to steal it back?

When I buy equities in the stock market, should a government be able to force me to hand it over to them of I don't go to work at the business I bought into? Should I be required to get a job there?

If a man buys a classic 1965 Corvette and parks it in his garage, should he be made to give it to a government if he doesn't drive it at least 100 miles in a calendar year?

Excessive regulation and strong-arming <is bad>. Inviting this sort of control over something so freedom-oriented as the Internet is antithetical. It frightens me to know there are people who would destroy the inherent beauty of the Internet as a world-wide web.

[edited by: Webwork at 11:04 pm (utc) on May 29, 2006]
[edit reason] Lightly, please, on the global politics [/edit]

OptiRex

9:21 pm on May 29, 2006 (gmt 0)



the Internet is antithetical.

Wow! Even I had to check that adjective!

I agree completely with DNportfolio, in fact, I have done and still am doing the things he gives as examples.

vincevincevince

2:56 am on May 30, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



free enterprise...concept behind the Internet

Free enterprise was never the concept behind the Internet, not now, not ever! The concept and the spirit of the internet has always been cooperation, 'playing nicely' if you want. Domain name squatting and the 'after-market' are certainly not within the concept or the spirit of the Internet.

Domain names are not purchased, you pay a fee for a database entry relating to the name you intend to use. Domain names have no intrinsic value, the value of a squatted domain is based only on the fact that you are stopping someone else from registering the domain by keeping it registered under your name. I don't know about other forum readers but to me - the concept of having something just so other people can't have it - is somewhat selfish.

buy raw land for investment purposes... don't put a building on their property within.. a government have the right to steal it back?

Land is purchased by a person from another person and that person owns the land. This is in contrast to domains which are never owned by the registrant and will automatically revert to unregistered status if registration is not renewed.

If the government asked you 'tell me if you need some land to build your business and we'll let you have some' - you applied - and never did anything with the land - then it would be absolutely fair for the government to take it back and give it to someone who will do something with it.

When I buy equities in the stock market, should a government be able to force me to hand it over to them of I don't go to work at the business I bought into? Should I be required to get a job there?

You've again picked 'government' here. It would be more appropriate to say 'the business'. It is reasonable for a business to issue shares on the basis that all shareholders must contribute to the promotion of the business in some way. Many businesses are constructed in that exact way - as a partnership between shareholders with a requirement for work in order to justify continued shareholding.

I like the idea of making it more expensive - not because it's the 'right' or 'proper' solution - but because it seems the most easily workable solution. A squatter with 1000 domains now paying about $7000 a year could be hit with a bill of $100,000 a year and decide to drop all but the most valuable names.

Presently there are around $50 million .com domains, if three quarters of those are dropped due to price increases, and a third of those are re-registered by new owners, then that leaves 25 million .com domains. $100 per registration that's $2500m. Previous total spent on domains was 50m x $7 = $350m and we can't leave Verisign or ICANN out of pocket, so that leaves $2.15 thousand million (or $2.15 billion in U.S.) a year - enough to make a real positive difference worldwide.

Just think of the 'in-keeping' good which could be done with the extra revenue: Paying domain name registration fees for charities and needy causes; Providing internet based education and computing to poor or remote communities; Funding anti-spam measures; Research into ways of reducing online fraud; Investigation of child-pornography; Development and promotion of free software to avoid the huge burden of licensing for education and government sectors; Providing webhosting and webdevelopment for charities worldwide, etc. etc. etc. The '.com' foundation would easily be a major player on the worldwide stage that every domain registrant could be proud to contribute towards.

ogletree

3:30 am on May 30, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



At some point nobody owned the land. Somebody just got off a boat and said this is my land. This is exactly like land. Domains do have value. All you have to do is register and then park some domains and you are rich. The internet today has nothing to do with the orginal intent. It is just like airwaves, land, water rights, and air rights.

Side Note
Domains only have value as long as the major internet providers keep using the root servers. AOL could close their system tomorrow and charge large amounts for people to buy their domains from them. If I was the IT guy at a large company I could append my affiliate ID to all traffic to ebay or amazon or I could send all non work related traffic to my webpage.

graeme_p

6:01 am on May 30, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



At some point nobody owned the land. Somebody just got off a boat and said this is my land.

Yes, tens of thousands or even hundreds of thousands of years ago! Most land has at some point since then been seized and redistributed.

Consider the history of Britain: after each war between competing rules the losers land would have been seized to reward the winners followers. On top of that each wave on invaders (Romans, Saxons, Vikings, Normans, etc.) seized land from the previous inhabitants. Then there was the enclosure of common land - basically legal theft.

domains which are never owned by the registrant and will automatically revert to unregistered status if registration is not renewed.

Exactly. A far better analogy than investors buying existing land, is that of people claiming unowned land.

The US historically had a similar situation to this. It was handled by limiting the amount of land each household could claim, and requiring that the land was actually used for a time before permanant ownership was acquired. See [nps.gov ]

Imagine what the economic history of the US would have been like if claimants could instead have had immediate absolute ownership of as much land as they paid filing fees for!

OptiRex

1:48 pm on May 30, 2006 (gmt 0)



The concept and the spirit of the internet has always been cooperation, 'playing nicely' if you want.

From Tim Berners Lee bio at w3.org:

in 1989 he invented the World Wide Web, an internet-based hypermedia initiative for global information sharing.

I don't see co-operation or playing nicely mentioned:-)

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