Microsoft Hanky-panky

Peter Discovers:

"Hi Frank,

I've been reading your posts on Microsoft's monetization of error searches so I thought you may also find the attached screenshot interesting. You'll notice the URL was spelt correctly so I personally don't see a reason for the redirect.

Being third in the search race combined with control over the majority of browsers could offer some pretty tempting possibilities if ethics didn't hold you back ;)

Peter "

Thanks for the note Peter..  many folks are beginning to discover the double-standard that you just did.  Cybersquatting in the browser is apparently okay..  its just when you own the name that you're in trouble :)

You could argue that Google does the same thing when you type a Domain-Name into their search box and they don't always turn back that URL in their list of results.  "The Line" is in this post somewhere..  it just hasn't been defined yet.  MSFT and GOOG have probably crossed it in certain circumstances..  it's just that nobody has sued them for it yet so they take what they can get away with.

Comments

[Christopher Ambler]

There is another, less conspiratorial explanation. If the DNS lookup on the client fails, it will then report the failure to MSFT and this page will come on. MSFT relies on the client to report when that DNS lookup fails.

I have DNS lookups fail all the time. The URL is correct, but the look fails for whatever reason. The only difference is that I've turned off searching in the browser and, instead, see the actual DNS error.

No comment on the practice of search in the browser, just on the technical issue at hand.

***FS*** Thanks Chris.

[DP]

The DNS answer is plausible. For the wider issue of search that Frank mentions, no search engine can ever consider its results even remotely accurate when a search for a domain returns anything other than that domain itself in the number one position, only exception being where that domain does not resolve to ANY page. I don't care if 123.com is a parking page, a porn page, a blank page, a "google sucks" page, if I search for 123.com I obviously want to know about 123.com.

Many users mistake the Google search bar for the address bar, ultimately making this Googles own brand of cybersquatting. But what should we expect? A huge portion of Googles revenue comes from "Cybersquatting".

Can I register 1800-1TOYOTA and sell Hondas? No. Can I register Toyota.com and sell Hondas? No. Can I put out a magazine called "Toyota weekly" and promote Hondas in it? No. Can I bid 5 dollars a click for "Toyota" in the search bar and promote Hondas? Absolutely. Sooner or later this situation will right itself and when it does, as creators of top notch content, all will be forgiven for Yahoo and Cnet.

If all the current lawsuits and appeals fail and this behavior is considered OK on paid search, it weakens TMs in all other forms of media.

[David Ulevitch]

Frank, What Chris says is correct. That's the most likely reason that it happened. Peter needs some better DNS service. :-)

[Lea de Groot]

It would only have taken the user to type 'www.frakschilling.com' into the search bar rather than the address field for this to be the correct result.
Its an easy mistake that many, many people make - I have been surprised by the calibre of people I have watched do just that. Most of the time the top result is what they wanted.

***FS*** ...but very often it is not.

[Peter]

I realized DNS was a possibility, but considering this is the first time I've seen this as a customer in 3 years added to the fact it happened on this particular blog ended up being too much not to share.

The point is that there is a conflict of interest. Considering their track record of consistent attacks on "Typo Squatters" all while they continue their quiet monetization of error searches on the same infringing terms, what's to stop them from going this extra step? Trust?

[enoss]

DP, your comment is too narrow. you say "Can I bid 5 dollars a click for "Toyota" in the search bar and promote Hondas? Absolutely...If all the current lawsuits and appeals fail and this behavior is considered OK on paid search, it weakens TMs in all other forms of media".

if the ad says "buy hondas, they are bettter than toyotas. click here" where is the deception? where is the passing off?

http://en.wikipedia.org/wiki/Passing_off

now if the ad says "for a toyota click here" and leads to a honda page then there is a problem.

ads on others trademarks is not per se a problem. it is subject to the specific implementation.

please do not argue for expanding trademark protection under the guise of protecting it.