Re: [PHP-DEV] php.org and www.motherboards.com From: Daniel J. Rodriguez (danjrod <email protected>)
Date: 11/13/00

Have a look at:

    http://www.icann.org/udrp/udrp-policy-24oct99.htm

Questions that should be answered by reading paragraph 4.a:

    Is PHP a registered trademark ?

        I don´t know, but for sure many people here does.

    Is PHP org being used in bad faith (paragraph 4.c) ?

        I think it is, as the only purpose is redirecting to a
        non-php related business. The problem would be
        finding out, if this people has a trademark that can
        be shortened to PHP. ( Pray High People or
        Precious Healing Puppies)

        For this, paragraph 4.f, secion iv applies, and
        probably 4.f section ii. Getting a proof for 4.f
        section i is really difficult.

    Does these guys have any legitimate interest or
    right in PHP ?

        None that I can apparently see.

Visit the full icann website for more references regarding
Domain name dispute resolution

BTW, Linus Torvalds had to go to court to reclaim the "linux" domain.
I recall he had help from RedHat and Transmeta and others ( Linus
et al. like in law books).

Regards
Daniel

----- Original Message -----
From: Zeev Suraski <zeev <email protected>>
To: <php-dev <email protected>>
Sent: Monday, November 13, 2000 8:43 PM
Subject: [PHP-DEV] php.org and www.motherboards.com

> Yesterday, to my surprise, I found out that www.php.org is alive, and is
> being forwarded to www.motherboards.com. Beforehand, the domain was owned
> by Premier Health Partners, but was never used. www.motherboards.com is
> using PHP extensively, but other than that, I couldn't figure out any
> relationship between php.org and this site.
>
> In the last 24 hours, I've been in contact with Greg Ricks, the
> administrative and technical contact for this domain. I was trying to
> exploit the possibility of receiving the php.org to our hands.
>
> The bottom line is this:
>
> He's willing to "redirect all of the www.php.org traffic to us, in
exchange
> for banners on the PHP network". I discussed this with him, and told him
> we could probably live with a predefined period of a banner ad at the
> bottom of the PHP network, a-la the 'Hosted By' banners that we currently
> have. I told him, though, that it'd be crucial to receive the actual
> domain to our control, since if php.org becomes known as the home of PHP
> (*), we can't be held hostage by someone who may make www.php.org point
> someplace else at will.
>
> I tried to convince him to hand over the domain, in exchange for these
> banners (gave him some www.php.net stats, which are quite impressive) and
> even some sum of money, but he declined. He's completely unwilling to
> sell/give the domain.
>
> Does anybody know if we have any options to go about this? Legal
> perhaps? We can obviously send an army of furious people down his
mailbox,
> but I'm not sure if it'll be of any use (it might). Bad publicity can
suck
> pretty much, especially when he's being extremely ungrateful, considering
> his entire site is PHP based. Perhaps we can use clause 3 of the license
> here? Any lawyers on board? :)
>
> Comments welcome,
>
> Zeev
>
> (*) This will happen very quickly IMHO, I'm pretty sure anybody who looks
> for PHP and doesn't *know* where it is, would look for it at php.org. By
> the way, he claims that he plans to do something with that domain in the
> future, and that it's only temporarily pointing at
> www.motherboards.com. I'm not sure if he's right or not, but one thing is
> for sure - he's definitely gettings tons of hits from people who are
> looking for PHP (the fact 'PHP' appears as the default search string in
> case you access motherboards.com through www.php.org is also quite
> interesting).
>
> --
> Zeev Suraski <zeev <email protected>>
> CTO, Zend Technologies Ltd. http://www.zend.com/
>
>
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