No business can own the generic word for the product it sells. We would find it preposterous if a single airline claimed exclusive use of the word “air,” or a broadband service tried to stop its rivals from using the word “broadband.” Until this year, it seemed settled that the internet’s top-level domain names (like .com, .org, and so on) would follow the same obvious rule. Alas, ICANN (the California nonprofit that governs the global domain name system) seems intent on taking domains in a more absurd direction by revisiting the thoroughly discredited concept of “closed generics.”
In a nutshell, closed generics are top-level domain names using common words, like “.car.” But unlike other TLDs like “.com,” a closed generic TLD is under the control of a single company, and that company controls all of the domain names within the TLD. This is a terrible idea, for all of the same reasons it has failed twice already. And for one additional reason—defenders of open competition and free expression should not have to fight the same battle a third time.
Closed Generics Rejected and Then Resurrected
The context of this fight is the “new generic top-level domains” process, which expanded the list of “gTLDs” from the original six (.com, .net, .org, .edu, .gov, and .mil) to the 1,400 or so in use today, like .hot, .house, and .horse. In 2012, during the first round of applications to operate new gTLDs, some companies asked for complete, exclusive control over domains like .baby, .blog, .book, .cars, .food, .mail, .movie, .music, .news, .shop, and .video, plus similar terms written in Chinese characters. Most of the applicants were among the largest players in their industries (like Amazon for .book and Johnson & Johnson for .baby).
The outcry was fierce, and ICANN was flooded with public comments. Representatives of domain name registrars, small businesses, non-commercial internet users, and even Microsoft urged ICANN to de
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