Re[2]: [ga] Domain names as observed [correction]

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

Hello Sotiris,

Sunday, July 29, 2001, 10:02:43 PM, Sotiris Sotiropoulos wrote:
>> Or even and older reference:
>> http://www.internetnews.com/bus-news/article/0,,3_85661,00.html
>> which clearly states that Domain Names are indeed Private Property.

> Once again Jeff, good heads-up on this research.  This quote pretty much sums it
> up: "Typically we thought registrants had a two-year license to a domain name,
> but the court is suggesting they have a property interest. As a result, if the
> registry takes a name away from you without a legal basis, than you can sue them
> for civil damages. And that's a powerful thing," Fausett said."

Don't depend on Jeff for your legal research, Sotiris.

The actual decision doesn't mention domain names and property, this
was an interpretation made by some media legal analysts for headlines.

As was previously mentioned, its the domain registration contracts
that were an ASSET, which could be attached, but in no portion of the
legal opinion did the judge say that domain names are property and are
subject to the laws of property.

Further, this was a default judgement case, one which sets no precedence at
all.

Notice Brent said that he court was "suggesting they have a property
interest" but never actually said that or ruled on it.  In fact, the
sex.com case was the only case to actually apply the legal standard of
property to domain names, in US federal court.  Not a local court, in
an uncontested default judgement case.

Really, Sotiris, do like I suggested, get an attorney to consult with
you, but don't depend on Jeff Williams to be your "research" source.

You will just end up with egg on your face.

-- 
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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