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

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

Leah and all assembly members,

L Gallegos wrote:

> On 27 Jul 2001, at 22:40, Jeff Williams wrote:
>
> > 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.
>
> Depending upon the registrant agreement with the registry, the answers
> to all the questions above could very well be "no."

  If you check closely the manner in which I "Couched" the questions I
posed, you will perhaps take notice that The answer of "Yes" is the
most likely answer with the vast majority of the Domain Names
Registered currently.

>  In a chartered or
> restricted registry, there could very well be prohibitions on transfer of
> any kind, especially for a TLD such as .NGO where the domain name
> might very well have to be identical to the org name or its abbreviation,
> etc.

  If this is so, do you have a URL reference?  I was not aware of this
being the case with a .NGO Domain Name registration.

>
>
> Once again, it would depend on the contract terms for use of the
> domain and that is set by the registry.

  Yes this could be true I suppose in some instances, but would not hold
up in court in or under contract law and IP law regarding Property.

>
>
> As for trademarking a domain name, in the US, it can't be unless it is
> more than just the address for a website.

  HUH???

> The domain name itself, as a
> domain name, is not trademarkable - at least according to the USPTO
> guidelines.

  I think you better check again Leah?  IBM.COM comes to mind for instance.
See: http://www.uspto.gov/web/offices/tac/notices/guide299.htm

>
>
> Leah
>
> > 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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> >

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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