Re[2]: [ga] Domain names as observed (was Tucows Response to Cochet tiTransfer Letter)

["William X. Walsh" <william@userfriendly.com>]

Hello Sotiris,

Sunday, July 29, 2001, 2:31:22 AM, Sotiris Sotiropoulos wrote:

> Fraud *is* a type of theft William.  Trademark law was instituted to protect
> against FRAUD.

Wrong.

>> Courts have already ruled on this Sotiris. While those decisions are
>> not binding in every jurisdiction, they do set strong precedents.

> Please produce a list of what you consider "strong precedents".

How about a US Federal Court ruling which set a strong precedence,
which applied the real legal definition of property under the law?

Sex.com
U.S. District Court Judge James Ware dismissed a theft claim --
technically called a "conversion" claim -- against the convicted felon
accused of hijacking sex.com, ruling that Web domains aren't property,
and therefore can't be stolen.

"There is simply no evidence establishing that a domain name,
including sex.com," meets the definition of property "as required by
the law of conversion," the judge wrote in his ruling, citing his own
words from a May decision in a separate suit brought by sex.com's
original owner, Gary Kremen, against domain registrar Network
Solutions.

http://www.wired.com/news/politics/0,1283,38398,00.html


>> The Harrods case does nothing to advance the concept of domain names
>> being property.  Not by ANY reasonable stretch.

> Forgive me for not ascribing to your specific standards of REASON, William.  All
> I'm haring from you is the same thing over and over again.  Where are your
> REASONINGS?  Please produce the evidence of which you speak.

How about facts?

I haven't seen any from you at all.  I have a US federal judge saying
specifically that domain names are not property.  You have a court
ruling on an entirely unrelated subject that has nothing to do with
domains and property rights.

>> Get a real attorney to tell me otherwise, one who has actually READ
>> the case, and has a basis in IP and domain law.

> Unlike the both of us, huh William?

I rather like being on the side of Judges, as I said, find me an
attorney who will read the FACTS and tell me otherwise.

-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
The most advanced domain lookup tool on the net
DNS Services from $1.65/mo

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