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

["Cade,Marilyn S - LGA" <mcade@att.com>]

Jeff, thanks for your post.... 

I checked, my educational qualifications are intact. 

I'm still not a lawyer; never pretend to be one, and certainly will not in
the future!!!!

:-)

Marilyn



-----Original Message-----
From: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
Sent: Saturday, July 28, 2001 1:41 AM
To: Cade,Marilyn S - LGA
Cc: ga@dnso.org; Ross Wm. Rader
Subject: Re: [ga] Domain names as observed (was Tucows Response to
Cochetti Transfer Letter)


Marilyn and all assembly members,

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.

  I did comment.  Domain Names are a type of private property under the
law.

>
>
> One registers and uses a domain name. That doesn't convey private property
> rights in the domain name.

  Under this (your) definition of ONE of the uses of a Domain Name
you are correct.  However that is only ONE of the aspects of a Domain
Name as it relates to property.  Can a Domain Name be sold?  Yes.
Is it considered a asset fiduciary?  Yes.  Can it be auctioned? Yes.
Does a Domain Name have an extrinsic value in and of itself? Yes.
Can a Domain Name be trademarked?  Yes.
Looks like private property to me!

>
>
> I should duck, probably.

  No need to duck.  Perhaps a revaluation of your education requirements
may be in order?

>
>
> :-)
>
> 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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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

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