RE: Re[2]: [ga] Re: VeriSign Proposal a Done Deal??

["Gomes, Chuck" <cgomes@verisign.com>]

Joop,

How would you answer the question I asked?  For a re-registration of a
released name, is the permission of the previous registrant needed?

On a different note, let me try an analogy.  Is it okay for a landlord
to have a waiting list for a house in case the current rentors do not
renew their lease?

Chuck

> -----Original Message-----
> From: Joop Teernstra [mailto:terastra@terabytz.co.nz]
> Sent: Tuesday, January 08, 2002 1:04 AM
> To: Gomes, Chuck; 'abel@able-towers.com'; Gomes, Chuck
> Cc: ga@dnso.org
> Subject: RE: Re[2]: [ga] Re: VeriSign Proposal a Done Deal??
> 
> 
> At 15:21 7/01/02, Gomes, Chuck wrote:
> >So you would also say that his permission is needed for a
> >re-registration of his name after he deletes it, is that 
> correct?  There
> >is no difference, that is if you care about logic.
> 
> Chuck,
> 
> You need not be surprised about my nuanced position on DN ownership.
> 
> I do hold, and this does not need to threaten Verisign's  
> business model, 
> that Domain Names are Registrants' property, just like long 
> term leases on 
> land are (economically) property and can be assets or 
> liabilities in the 
> books.
> It may be a matter of semantics, but people and companies 
> speak of "owning" 
> such leases or similar contractual rights.
> 
> There is also the issue of the intellectual property vested 
> in an original 
> Domain Name, especially if such a name is also trademarked.
> So, to take your extreme example, yes, I can imagine cases where your 
> company, or a registrar, would not be at liberty to 
> re-register a name to a 
> third party, without opening itself to charges of 
> contributory infringement.
> 
> This has not been tested in court, but be prepared that some 
> day, in the 
> case of a small company that has been "sold" the same 
> registrations in 
> .com, .net, .org, .tv, .cc, .biz, .info, etc. and that wants 
> to prune its 
> yearly outgoings a little, may well elect to put a registrar 
> or registry on 
> notice that the name is trademarked and cannot be 
> re-registered to any 
> third party until its TM rights would expire.
> 
> But, as others have pointed out already, this was not the 
> point that I was 
> making.
> 
> 
> 
> --Joop
>

smime.p7s