Re: [ga] Domain names as observed (was Tucows Response to CochettiTransfer Letter)

[Jeff Williams <jwkckid1@ix.netcom.com>]

Leah and all assembly members,

  To settle all this nonsense, I think the point the Sotiris, Myself, Joanna,
Eric, Roeland (To a lesser extent), were alluding to without being direct,
is that some registrars have 100 yr registration agreements, some Registries
have registrar agreements/contracts that have not time limitations.  Ergo,
why Sotiris indicated that Domain Names have been and can be willed.
This is pretty good evidence that a Domain Name is Private Property.

  I suppose that I or Sotiris should/could have been more direct on this
fact.  However in that this has been mentioned on several occasions
over the past year or so, and that the registrars/registries do advertise
this information on their respective web sites, I for one did not think it
was necessary.

L Gallegos wrote:

> On 27 Jul 2001, at 23:37, Sotiris Sotiropoulos wrote:
>
> > Eric Dierker wrote:
> >
> > > I cannot accept the premise that they are privately owned by Registries
> > > or Registrars - except maybe in the case of a ccTLD - but then that is
> > > public in most countries, hence anti-hoarding laws like our toll-free
> > > regs.
> > >
> > > Come to think about it maybe they are more like hunting permits.
> >
> > One cannot sell, lease, or otherwise transfer rights to use a hunting
> > permit. Domain names are sold and re-sold, and leased, and loaned, and
> > willed...
>
> There is a difference between a permit/license (non-transferrable) and a
> lease contract or, in this case, a registration.  First of all, there are user
> agreements which state whether a domain name can be transferred,
> sold, etc.  Each registry sets those conditions, so not all domain
> names fall under the same terms.  However, if the terms allow for
> transfer, then it would be much the same as any other contract which
> confers rights to the holder.  As long as the contract is in force, the
> rights would apply.
>
> So, it still is not ownership of the domain name itself, but rights of use
> of the domain name.
>
> As for being willed, what would happen if a registrant died just before
> the registration expired.  If it were not renewed, it would not matter
> whether it was willed or not.  It would expire.  The registration is only
> good as long as the contract is in force.
>
> >
> > Sincerely,
> >
> > Sotiris Sotiropoulos
> >
>
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Regards,

--
Jeffrey A. Williams
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CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
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