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

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

Jeff, et al,

Jeff Williams wrote:

> Leah and all assembly members,
>
>   To settle all this nonsense, I think the point the Sotiris, Myself, Joanna,
> Eric, Roeland (To a lesser extent), were alluding to without being direct,
> is that some registrars have 100 yr registration agreements, some Registries
> have registrar agreements/contracts that have not time limitations.  Ergo,
> why Sotiris indicated that Domain Names have been and can be willed.
> This is pretty good evidence that a Domain Name is Private Property.

One matter I just tried to figure out is public versus private.  Our English
language proves a little strange in usage here.  Private versus Public Schools will
get you in a real trick bag.  Real property versus personal property has revealing
characteristics.

Certainly a domain name is a thing and therefor property.  It would appear that the
act of registering (going to the land registration office) would move the thing from
the public domain into a private right.  It would further appear that much like --
filing a corporation, fictitious business name, business license, dba, and
trademarking -- every step taken to further insure your exclusive right to the name
enhances its value and your exclusivity.
[we should note the physical presence requirements of many ccTLDs, CA's is most
enlightening]

But these are all a matter of degrees, like homesteading, and yes squatting.  Very
interesting to note that in most U.S. states they have rules where you can actually
acquire someone else's land by fulfilling a graduating list of squatting.  Matters
like paying the taxes and being open and notorious and actual use are all part of
the equation.  The concept of eminent domain is another area of rich law that allows
for great examples.  Adult Entertainment Establishment zoning laws define a wide
area of restrictions upon private property rights which are so complicated and yet
so simple as to be helpful.  Here in the U.S. our constitution provides for a clear
and unambiguous no taking of property clause  -  "Without Due Process".  The old
farmer who loses a farm that has been in his family for three generations for a
freeway off ramp comes to mind.

Two things are for certain, REGISTRATION OF A DOMAIN NAME CREATES A PROPERTY RIGHT
IN A THING  and  CONTRACTS DEFINE THE PARAMETERS OF THE RIGHT OBTAINED.

Sincerely,
Eric

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