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

[Eric Dierker <eric@HI-TEK.COM>]

First of all we should not allow lawyers to define what something is, they
should only reflect what we say it is.

Secondly, Is a car you rent and drive your private property - well yes insofar
as a cop or a thief is concerned.
but no insofar as the rental agency is concerned.  But if the car is a public
resource and not the private property of the agency and the only service the
agency provides is facilitating your use on behalf of the larger public resource
clearly that makes it non-private property.  But if you accept the second
premise then Domain Names are public property and you only pay a fee to camp
there.  Perhaps helpful to ask the same of IP addresses?

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.

Eric


"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.
>
> :-)
>
> 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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