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RE: [ga] Domain names as observed (was Tucows Response to Cochet tiTransfer Letter)




On 27 Jul 2001, at 21:21, Cade,Marilyn S - LGA wrote:

> Folks, I know I'll engage  much debate here, but I am under the impression
> that domain names are not "private property". I believe that's the present
> state of the law, but others who are lawyers can comment on that.
> 
> One registers and uses a domain name. That doesn't convey private property
> rights in the domain name.  
> 
> I should duck, probably. 

I don't think so, Marilyn. ;)  However, while domain names may not be 
property in the sense of ownership, I do believe that once registered and 
as long as fees are paid, the rights to the use of the domain are pretty 
close to that.  It is my belief that a registrant should have control of the 
domain and has the rights to sell, lease, rent the use of it, but retains 
responsibility for adherance to terms and conditions of use regardless of 
who is using it.  I also believe the registrant has the rights to transfer 
that registration at will unless it has been encumbered in some way.

So, again, while it may not be property, there are rights in the contract 
(terms of service) unless otherwise specified.  The only reasons for 
revoking a registration should be illegal use proven in a court and upon 
presentation of a court order.  Registrants, IMO, should be able to feel 
secure in the use of a registered domain.

Leah

> 
> :-)
> 
> Marilyn
> 
> -----Original Message-----
> From: Sotiris Sotiropoulos [mailto:sotiris@hermesnetwork.com]
> Sent: Friday, July 27, 2001 4:44 PM
> To: Jeff Williams
> Cc: ga@dnso.org; Ross Wm. Rader
> Subject: Re: [ga] Domain names as observed (was Tucows Response to
> CochettiTransfer Letter)
> 
> 
> Jeff Williams wrote:
> 
> > Joanna and all assembly members,
> >
> > Joanna Lane wrote:
> >
> > > on 7/27/01 1:18 PM, Sotiris Sotiropoulos at sotiris@hermesnetwork.com
> wrote:
> > > > I think this ought to be added to the thread "Domain Names as
> Observed"
> > > > (perhaps Joanna, you could add it to the list already at
> > > internetstakeholders.com?)
> > >
> > > Done. The current list is:-
> > >
> > > A Domain Name is neither dial tone nor a telephone number. IP
> connectivity
> > > is the closest analog to dial tone. An IP address is the closest analog
> to
> > > the phone number, which the DNS was designed to mask for the benefit of
> the
> > > end-user. (Ross Wm. Rader)
> > > Domain Names are a Public Resource.
> > > Domain Names are Private Property.
> >
> >   You have a problem here with these two "Definitions?".  A Domain Name
> > cannot be both a Public Resource and Private property.  I think you mean
> > that the DNS is a Public Resource and Domain Names are Private Property?
> 
> I have to admit that these two "definitions" did appear rather
> contradictory to me as well.  I think you're quite correct here Jeff.
> 
> >
> >
> > >
> > > Domain Names are currently subject to lease contracts with registrars.
> > > Domain Names are a mnemonic aid for web site location. Domain Names can
> > > be a mnemonic aid for an IP address.
> >
> >   This   is also technically incorrect as well.  And IP address is a
> translator
> > for a TLD or potentially a Domain Name.
> 
> This is a more subtle but equally important distinction.  The "content" of
> an IP address is informed by the registered Domain Name and its holder.  I
> think this is a crucial point to stress.  Nice heads-up Jeff.
> 
> Sincerely,
> 
> Sotiris Sotiropoulos
> 
> 
> 
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