Re: Domain Names as observed (was: [ga] Quorum and Definition)

[Sotiris Sotiropoulos <sotiris@hermesnetwork.com>]

Joop Teernstra wrote:

> At 16:34 25/06/01 +0200, Harald Tveit Alvestrand wrote:
>
> >I believe that there has never been a public resource that has had a value
> >assigned to it by decision of a discussion body, where that decision has
> >had any significant effect.
>
> So, by observation you conclude that we are talking about a public
> resource. I can agree.

Excellent, so far this makes three of us who consider domains a public resource.

>
> >The significance of a domain name comes from its use, and the use of other
> >domain names. We need to observe, not to assign.
>
> Agreed.
> Collectively we are in a good position to observe. Our observations can be
> helpful in the policymaking process.
> Let's start making our observations and record the results on a dedicated
> website.
>
> Let me kick it off. There are hundreds of aspects to Domain Names, so this
> is intended as a start only.
>
> Domain Names are a Public Resource (Harald)
> Domain Names (at least those registered by end-users) are Private Property
> (Sotiris, Joop)
> Domain Names are subject to lease contracts with registrars.

I think it's important we stipulate that Registrars and Registiries can not claim
ownership of the domain names they lease.

Further, Domain Names are *not* the property of ICANN or WIPO.

> Domain Names are a mnemonic aid for web site location.
> Domnain Names can be a mnemonic aid for an IP address.
> Domain Names are a mnemonic aid (as MX record) to address an Individual or
> Organization via email.
> Domain Names are a unique identifier of an Internet presence.
> Domain Names can appear in thousands of links embedded in web sites and
> thus acquire economic value for the registrant.
>
> Domain Names can be listed as Assets on companies' balance sheets.
> Domain Names can be ordered sold to satisfy creditors.
> Domain Names create wealth.
>
> Domain Names can be used as vehicles of  on-line (free) "Speech".
> Domain Names can create copyrights.
> Domain Names can be used to establish, re-inforce or infringe on Trade Marks.
>
> Domain Names give independence from ISP's

Domain Names are a lucrative global industry.
Domain Names are assigned according to a process which currently confers no legal
rights to the holders of domain names.
Domain Names can be bequeathed as heirlooms (witness the recent rise of baby
domain names).
Domain Names can determine the potential for success in an online venture.

.... That's about all I have time for this morning.  I'll add some more later.

Sincerely,

Sotiris Sotiropoulos


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