Apple Finally Gets

from the battle-over dept

It looks like the long saga of the domain is now over, as the owner has stopped trying to contest the ruling which handed it over to Apple. Neither side comes out looking that pretty in this battle. Ben Cohen registered the domain long before Apple announced their own iTunes product — so it’s not as if he were a typical cybersquatter. However, once they were offering iTunes, he used the domain to try to sell iPods and credits to iTunes, before pointing it to Napster’s site. Doing that could certainly cause plenty of confusion — and left him open to trademark violations. However, it’s still not clear why he then had the domain taken from him as he had registered it completely legally. He could have gotten in trouble for the trademark violation, but why does that mean he should lose the domain completely? The registrar Nominet says he deserved to lose the domain because he took “unfair advantage” of Apple by asking for $50,000 to turn over the domain when they offered him $5,000. Isn’t that just called negotiating? It’s hard to see how that’s taking “unfair advantage.” If he had registered the domain after Apple announced iTunes, that would be one thing, but since he got it before, he should have every right to negotiate what he thinks is a fair price. He should be stopped from posting confusing content (trademark violation), but that doesn’t mean the domain deserves to be just taken from him.

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Comments on “Apple Finally Gets”

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mlvassallo says:

Re: No Subject Given

Yeah, so you make a product and then let some guy market his own stuff- hell even your stuff- under the same name and see how you enjoy it. Apple offered they guy WAY more than the 9.99 a year he pays in regristration and domain fees to relinquish the domain and cease what he is doing he wants MUCH more to stop doing something that the courts were going to tell him to stop doing anyhow so Apple gets lawyers- ANY business would do it. It is not money hungry and corporate, it is protecting your assets.

Just because it was against one idiot does not make it evil.

Mike says:

Re: Re: No Subject Given

It is not about how much he pays per year. He owned the name/product before iTunes existed and has the right to sell it for whatever he wants.

Supply and demand. He has the supply and demand anything he wants for it’s sale.

Real estate works the same way.

Pardon the economics lesson:

I buy a house that later someone else wants because it is one of a kind. I don’t really want to sell it unless the offer is good. If the buyer really wants it, he should make the potential deal more interesting.

The RIAA pays pennys to produce digital content for Apple, yet they want Apple to charge more for that same content.

Need I suggest more?

Anonymous Coward says:

Re: Re: No Subject Given

Oh please,

Dumb fanboys like you are so boring. I can only hope that a retail giant comes to your neighbourhood and forces you to sell them your home for what they call a fair price (whether you think so or not) so they can build a car park.

Afterall if there is a supermarket near you and they want that space it’s only fair you give it to them right?

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