ENS Founder Warns Unstoppable Domains: Drop Patent or Face Lawsuit – Web3 Domain War?

The Web3 domain space is heating up, and not in a good way. Nick Johnson, the founder and lead developer of Ethereum Name Service (ENS), has issued a stark warning to Unstoppable Domains: relinquish your recently awarded patent or prepare for a legal showdown. This isn’t just a spat between domain providers; it’s a fundamental clash over innovation, open source principles, and the future of Web3 identity.

What’s the Domain Drama Unfolding?

Let’s break down this unfolding drama step-by-step:

• The Patent in Question: Back in January, Unstoppable Domains secured US Patent 11558344. This patent claims ownership over technology that uses blockchain to manage domain names. You can dive into the patent filing yourself to see the specifics.
• ENS Founder’s Fury: Nick Johnson, the driving force behind ENS, is not happy. In an open letter shared on X (formerly Twitter), he alleges that Unstoppable Domains’ patent is built upon innovations pioneered by ENS. He states it lacks any original contributions and is essentially a copycat of ENS technology.

An open letter to @unstoppableweb:

Unstoppable Domains was recently granted a patent, US11558344, for “blockchain domains”. We believe this patent is based entirely on innovations that ENS developed, and contains no novel innovations of its own. pic.twitter.com/j3WqjFjX0n

— nick.eth (@nicksdjohnson) November 16, 2023

• ENS’s Open Source Ethos: ENS prides itself on being a “distributed, open, and extensible naming system.” Their core mission is to translate user-friendly names like ‘alice.eth’ into the complex machine language of the blockchain – think Ethereum addresses, crypto wallet details, and content identifiers. Crucially, ENS emphasizes that their work is open-source and readily available for anyone to use and build upon.
• Failed Communication: Johnson claims that attempts to discuss this patent issue with Unstoppable Domains privately over recent months have been unsuccessful. This lack of dialogue seems to have escalated the situation, leading to the public open letter and the threat of legal action.

Why Does ENS Feel So Aggrieved?

For ENS, this isn’t just about a patent; it’s about principles. They believe Unstoppable Domains is attempting to patent technology that is fundamentally rooted in ENS’s open-source contributions. Johnson’s letter highlights the core issue:

“The Ethereum Name Service (ENS) is a distributed, open, and extensible naming system based on the Ethereum blockchain. ENS’s job is to map human-readable names like ‘alice. eth’ to machine-readable identifiers such as Ethereum addresses, other cryptocurrency addresses, content hashes, and metadata.”

This open and collaborative spirit is central to the Web3 vision. ENS argues that patents like this, especially when based on existing open-source work, can stifle innovation and create unnecessary barriers in the space.

Unstoppable Domains’ Response: Alliance or Antagonism?

Unstoppable Domains has responded to the criticism, but perhaps not in a way that fully satisfies ENS. Here’s their counter-narrative:

• Patent Pledge to Web3 Domain Alliance: Unstoppable Domains issued a press release stating they would pledge the patent to the Web3 Domain Alliance. This alliance is described as an industry group founded and managed by Unstoppable Domains themselves.
• Not Legally Binding?: Johnson points out that a press release pledge isn’t legally enforceable. ENS is seeking a formal, unconditional, and irrevocable patent pledge with real legal weight.
• Call for Collaboration: Matthew Gould, one of the inventors listed on the patent, responded to Johnson’s thread. He invited ENS to join the Web3 Domain Alliance, arguing for a collaborative approach to domain naming systems.

I think your proposed solution doesn’t take into account the fact that we want there to be multiple naming systems – not just ENS – and the only way to ensure that future is to have a place where everyone (not just UD and ENS) collaborate.

— Matthew Gould (@matthewegould) November 16, 2023

Is the Web3 Domain Alliance Truly Open?

The crux of the disagreement seems to lie in the nature of the Web3 Domain Alliance. Critics, like Bob Summerwill of the Ethereum Classic Cooperative (ETC Cooperative), argue that this alliance, as it stands, isn’t truly open or collaborative.

Also, Matt, this prior pledge is not the same as we are talking about, because legal entities need to "join the club" to benefit from the patent pledge. You are retaining the right to patent attack anybody who does not comply and join your alliance.

— Bob Summerwill (@BobSummerwill) November 16, 2023

Summerwill’s point is critical: requiring organizations to join an alliance to benefit from a patent pledge isn’t the same as an open, unconditional commitment. It raises concerns that Unstoppable Domains might be using the patent to control access and potentially stifle competition outside of their alliance.

What’s at Stake in This Web3 Domain Duel?

This dispute is more than just a domain name squabble. It touches on fundamental questions about innovation and collaboration in the Web3 space:

• Open Source vs. Patents: Can patents truly foster innovation in a space built on open-source principles? Or do they create barriers and centralized control?
• Collaboration vs. Control: Is the Web3 Domain Alliance a genuine effort to collaborate, or is it a veiled attempt by Unstoppable Domains to exert influence over the Web3 domain landscape?
• The Future of Web3 Identity: Domain names are a crucial part of Web3 identity. Disputes like this can impact user trust and the overall development of a decentralized and accessible internet.

Read Also: ENS Head Developer Called Out Unstoppable Domains For Restricting Trade In The Web3 Domain Sphere

The Road Ahead: Lawsuit or Resolution?

The ball is now in Unstoppable Domains’ court. Will they heed ENS’s call and issue a legally binding, unconditional patent pledge? Or are we heading towards a potentially lengthy and costly legal battle? The outcome of this dispute could have significant implications for the Web3 domain space and the broader ethos of open-source innovation in blockchain technology. Keep watching this space – the Web3 domain war might just be getting started.