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Old 04-24-2005, 11:52 AM   #1 (permalink)
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BBC Click Online itunes.co.uk interview

This weeks BBC Click Online has an interview with Benjamin Cohen and Nominet:

http://stream.servstream.com/ViewWeb...rm?Media=59137

(Requires Real player)

and how hes going to fight the decision in the high court.

Nice to see the Nominet office at last !

http://www.bbc.co.uk/clickonline/

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Old 04-24-2005, 12:24 PM   #2 (permalink)
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Re: BBC Click Online itunes.co.uk interview

how old is that guy? i wonder why he didn't sell it here instead of to napster!
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Old 04-26-2005, 04:03 AM   #3 (permalink)
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Re: BBC Click Online itunes.co.uk interview

HI

After listening to that I think he could have NEG with apple and leased them the name for say 10-20 years and sign a contract and charge a monthly fee to Apple for using the domain name.. and also as part of the deal I would have asked for a back link from the domain name to my other major domain name....

This could have worked out well for him..

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Old 04-26-2005, 04:42 AM   #4 (permalink)
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Re: BBC Click Online itunes.co.uk interview

He is clearly very cocky guy, think he can win vs nominet and apple. I think he lives in a dream. I am on the side of apple on this issue! He clearly didn't think about it properly and apple is doing the right thing.
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Old 04-26-2005, 05:37 AM   #5 (permalink)
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Re: BBC Click Online itunes.co.uk interview

HI

How can apple be doing the right thing when this guy came up with the term Itune first way before Apple even did... He registered the Itunes.co.uk before apple even came out with the term Itune/s

So I think it is just another big player/company trying to muscle a small guy out of a domain name...

And why did they offer him 5000 $UK in the first place if they had/have the right to the domain name in the first place...

I think he got ripped off

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Old 04-26-2005, 05:48 AM   #6 (permalink)
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Re: BBC Click Online itunes.co.uk interview

Not really, its his fault for pointing it to napster! Apple didn't care much before he done that! Then he is coky enough to come out and say he is taking legal action vs nominet for telling him what to do!

Itunes being a tm of apple, they have every right to complain about them doing that! He was trying to get the maximum amount of money from the name by selling to a competitor and not caring much about the consequences.

Its abit like having internetexplorer.co.uk before microsoft then point / offer to sell it to netscape!
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Old 04-26-2005, 05:56 AM   #7 (permalink)
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Re: BBC Click Online itunes.co.uk interview

HI

Itune/s was not a TM to apple when he first registered the domain name.... And why could he not point the domain name to napster if he felt like doing so... Who has the right to tell a domain name owner where to point ones domain names to.

If Apple trade Marked the term Itune/s before he registered the domain name then I would agree with you... 100% but as they did not I think apple really had no leg to stand on... They just pushed their weight around because they knew they would win in the end.

But I agree it was wrong for him to offer the domain name to napster and he should have NEG with Apple more for a fair deal..

But the offer Apple made him in the first place really was just peanuts....

To apple $50k UK would have been nothing... and they should just have paid his asking price if they wanted it so bad.

Other wise they would have come up with a differnet term then Itune/s

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Old 04-26-2005, 06:07 AM   #8 (permalink)
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Re: BBC Click Online itunes.co.uk interview

itunes tm registered on 24.10.2000 Link to tm date , itunes.co.uk registered on 7th november 2000 ie 7.11.2000

Also nominet reserves the right to withdraw your domain from you! i don't see his case for action vs them at all. Complete waste of money if he does as its virtually 99.99% chance he will lose!
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Old 04-27-2005, 01:03 PM   #9 (permalink)
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Re: BBC Click Online itunes.co.uk interview

I started a thread a while back on this: http://www.dnforum.com/showthread.ph...e+itunes.co.uk
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Old 04-27-2005, 01:29 PM   #10 (permalink)
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Re: BBC Click Online itunes.co.uk interview

Quote:
when this guy came up with the term Itune first way before Apple even did
As noted in the actual dates above, this fallacy is an enduring part of the hype around the itunes.co.uk dispute.

Quote:
And why did they offer him 5000 $UK in the first place if they had/have the right to the domain name in the first place...
Because pursuing a domain name dispute easily costs that much. An offer of settlement is not an admission that one's case is weak.
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Old 04-27-2005, 01:39 PM   #11 (permalink)
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Re: BBC Click Online itunes.co.uk interview

Quote:
Originally Posted by jberryhill
Because pursuing a domain name dispute easily costs that much. An offer of settlement is not an admission that one's case is weak.
Very true. 90% of cases get settled before they ever reach a judge/jury, and probably 99% of potential cases get settled before becoming a case.

It's the really unreasonable people who we have to thank for making up the case law!
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Old 04-27-2005, 01:43 PM   #12 (permalink)
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Re: BBC Click Online itunes.co.uk interview

Quote:
Originally Posted by GeorgeK
It's the really unreasonable people who we have to thank for making up the case law!
Unreasonable? Or those who have "strong principles"? :-D
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Old 04-27-2005, 01:47 PM   #13 (permalink)
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Re: BBC Click Online itunes.co.uk interview

hehe Both. (notice the 'wink' I posted after that sentence)
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Old 04-27-2005, 01:47 PM   #14 (permalink)
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Re: BBC Click Online itunes.co.uk interview

Fromm what I understand, he only asked 50K when they lowballed him with 5K.
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