Re: [ga] NSI: "any domain name could be unilaterally cancelled"

["L. Gallegos" <jandl@jandl.com>]

What I think is interesting is the use by Verisign of the argument in this 
case that they can cancel a domain at will.  Verisign allowed a third 
party to transfer the domain, which is an error on their part that they 
could have remedied by transferring it back to the proper holder.  
Whether it is property or not, IMO, is not the issue here.  Fraud is - on 
the part of the third party.  If a bank is shown by a depositor that 
someone has forged a signature and cashed checks, the bank is 
responsible for returning the money to the depositor and going after the 
forger.  Why should it be different for a registrar or registry?  The error 
was made by Verisign and Verisign should have returned the 
registration to the original holder once it was shown to be a forged 
transfer.

That's my opinion.  It should not have had to go to court at all.

Leah


On 16 Jul 2002, at 13:29, George Kirikos wrote:

> Hello,
> 
> For those following the SEX.com case:
> 
> http://biz.yahoo.com/prnews/020716/fltu015_1.html
> 
> "Network Solutions repeatedly asserted in the District Court and in
> other courts that domain names are not property and any domain name
> could be unilaterally cancelled by Network Solutions at their will."
> 
> Is that Network Solutions the registrar, or the registry??!!??
> 
> And I thought the Divine Right of Kings philosophy ended a few
> centuries ago....
> 
> Ironically, Gary Kremen keeps the domain SEX.com registered at NSI,
> instead of transferring to another registrar who might be "safer", i.e. has
> Registrar lock, etc.
> 
> Sincerely,
> 
> George Kirikos
> http://www.kirikos.com/
> 
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