If a Middle Eastern business owner came home from his summer vacation to find a stranger sitting on his patio with a business proposal, he might greet him with the typical Arab friendliness toward surprise guests. But if turns out that the stranger has pried open a backdoor and occupied the home, demanding payment to vacate the site, the owner would be outraged and unceremoniously evict the strange visitor. However, when it comes to the websites of newly announced projects, regional business owners are often in a pickle when it comes to guarding their property.
Researching the registration rates of online domain names by Middle Eastern companies, a UK-based marketing and public relations firm uncovered that many business owners seem rather careless in setting up their online presence. The three-month study conducted in the second quarter of 2007 by the firm Ultimate Media found that of 2,000 firms who have announced the name of major construction projects, at least 220 did not buy the internet domain in advance.
Dubai is really the only place where they’ve
realized the importance of securing a domain
In a significant number of cases, third parties have bought the domain name with an eye toward selling it to the project owner at a later date — a practice known as cyber squatting. It’s not quite as intrusive as a stranger raiding your cupboards and settling into your favorite chair while you’re out of town, but it could be much more financially devastating.
Although he declined to quantify the amounts under dispute or provide a list of companies afflicted by the problem, Arya Marafie, project coordinator with Ultimate Media, told Executive that in some cases, third parties are purchasing domains and designing websites for non-existent companies that share names with major construction projects. “It seems that project owners just don’t realize the significance of announcing a project without securing [a domain name],” he said.
Quite simply, the aim of cyber squatting is extortion. By grabbing a domain before a company with vested interest in the site, a cyber squatter can attempt to sell the domain to that company for an exorbitant price.
Registering the domain
Buying a domain — the address of a specific point on the internet — is easy and inexpensive. The most common domains — generic top-level domains (gTLDs) like dotcom, dotnet or dotgov — are all managed by US-based Verisign, Inc., which typically sells them to one of the hundreds of domain registrars operating worldwide.
The average person or company looking to buy a domain will usually buy it from a domain registrar by providing some personal information and, depending on the registrar, as little as $9 per year.
Cyber squatting is not a new problem and has been addressed by landmark international treaties. In the early 1990s, when the internet’s surge in popularity surprised many companies, hordes of opportunist online entrepreneurs took to registering domain names for no other purpose than selling them later on. This led to a deluge of domain disputes between cyber squatters and companies (and celebrities) who argued that they have an intrinsic right to own the internet domain carrying their name (typically, these were dotcom domains).
Initially, however, companies that found their name had been registered by an usurper often had no other recourse than paying through the nose and booking the useless expense as learning experience. The party responsible for managing gTLDs, the Internet Corporation for Assigned Names and Numbers (ICANN), was not sure how to resolve the issue.
The UN’s trademark and copyright enforcement arm, the World Intellectual Property Organization (WIPO), conducted worldwide consultations to figure out how to establish a protocol for handling domain disputes. WIPO published a report that became the basis for the Uniform Domain Name Dispute Resolution Policy (UDRP). The policy was adopted by ICANN in 1999 with WIPO primarily resolving disputes. All 184 WIPO member states must comply with the body’s decisions.
Here’s where things start to get tricky. The key element of the dispute resolution process is whether the owner of the domain purchased and is using it in “bad faith.” If two legitimate companies have the same name, the domain goes to whichever purchased it first. If a cyber squatter purchases a domain with the aim of selling it to the company for an exorbitant amount of money, WIPO (or an ICANN-authorized body) will grant the rights to the domain to the company with a legitimate interest.
The loophole that cyber squatters are trying to exploit is the first-come first-serve rule for legitimate businesses. To do this, they not only buy the domain name as soon as a developer announces a major real estate project, which can be anything from a residential tower to a whole new city — they also fake the appearance of corporate activity through bogus site content.
“There are people who are intentionally registering primary dotcoms related to projects as soon as they’re announced,” Marafie said. “Some of those people not aware of the regulations. They are just registering huge numbers of domains and keeping them in their own names, a bad business decision because they’ll probably lose them fairly easily when it comes to a dispute.”
The smart ones, however, can create serious problems for project owners. These cyber squatters establish an illusion of corporate life by moving those domains around on different servers and developing bogus sites on those domains. Project owners who failed to take advance action of registering a domain name will have “a major problem” if they find themselves having to deal with one of those smart occupiers and having to fight them in courts, according to Marafie.
The cyber white knight
The PR expert has a stake in alerting companies to their oversights in domain registrations, by acting as a white knight. Ultimate Media conducted its research into site registrations to build a prospective customer list in the region. They found 221 domains of announced projects that were registered neither by cyber squatters nor by the respective project developers. In those cases, Ultimate Media bought the site pro forma and posted a message offering it to the project’s owner free of charge.
In so doing, Marafie even uncovered a secondary market of sorts, for hijacked domain names. For the domains they registered, Ultimate Media received offers from real cyber squatters. “What’s happening now is that the people who are registering the sites in order to try and get money from [project owners] in the end, are trading them with each other. Once we got [domains], people have been trying to buy them from us,” he said.
It seems that it is a detrimental habit of project owners and developers in the Middle East of generally not buying sites before releasing the names of their projects. For example, the $136 million property and entertainment venture Astrolab Resort planned for Dubailand, the Dubai mega project bigger in area than the Mediterranean nation of Monaco, does not own www.astrolabresort.com.
When Executive contacted the resort’s promoters, a firm succinctly named DotCom Real Estate, a secretary explained the company’s owners were on vacation but said the project did not have a website because “the project has not yet started. They’re still in the design phase and no project or marketing managers have been hired yet.”
That is all the more astonishing as Dubai is regarded as the region’s most advanced market in developing slick project websites.
“There is a big difference when you look at different countries,” Marafie said. “If you look at the whole Middle East, you see that Dubai is really the only (place) where they’ve realized” the importance of securing a “.com” domain.
The project site problem, it seems, results from a general indifference that businesses in the region show toward the internet. Companies may be somewhat aware that online presence is as much part of modern business practices as having a phone and fax, but websites are frequently of poor quality and contain “company news” with the most recent bulletin dated 2004 or 2005.
Research on the region in international comparison suggests that improvements in information age participation by countries of the region will need a lot more efforts than mailing a note to CEOs that they forgot registering a project domain. In annual rankings of information technology readiness of over 100 countries by the World Economic Forum, the Middle East has shown mixed performance in the past three years.
On the first list from 2004, the UAE, Bahrain, Jordan made the upper middle field with rankings of 23, 33, and 44, respectively. In the 2005 and 2006 rankings, however, the three countries dropped lower; the UAE slipped and was ranked 29th in the survey in 2006, Jordan fell to 57th place and Bahrain also dropped out of the top 50. On the upside, Kuwait temporarily climbed into the top 50 in 2005 but sled to 54 in 2006 and only Qatar proved a solid gainer — climbing to 36 in 2006. Such absence of internet savvy is a warning sign for problems beyond the danger of falling prey to extortionists which Ultimate Media’s research highlighted. As regional businesses strive to draw foreign investment and international customers, their quest will be exceedingly difficult if they neglect the medium that most