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RE: [ga] Domain names as observed (was Tucows Response to Cochet tiTransfer Letter)
I certainly agree that the registrant should feel secure in the right to use
the registered domain.
:-)
-----Original Message-----
From: L Gallegos [mailto:jandl@jandl.com]
Sent: Friday, July 27, 2001 10:37 PM
To: Cade,Marilyn S - LGA; ga@dnso.org; Ross Wm. Rader
Subject: RE: [ga] Domain names as observed (was Tucows Response to
Cochet tiTransfer Letter)
On 27 Jul 2001, at 21:21, Cade,Marilyn S - LGA wrote:
> Folks, I know I'll engage much debate here, but I am under the impression
> that domain names are not "private property". I believe that's the present
> state of the law, but others who are lawyers can comment on that.
>
> One registers and uses a domain name. That doesn't convey private property
> rights in the domain name.
>
> I should duck, probably.
I don't think so, Marilyn. ;) However, while domain names may not be
property in the sense of ownership, I do believe that once registered and
as long as fees are paid, the rights to the use of the domain are pretty
close to that. It is my belief that a registrant should have control of the
domain and has the rights to sell, lease, rent the use of it, but retains
responsibility for adherance to terms and conditions of use regardless of
who is using it. I also believe the registrant has the rights to transfer
that registration at will unless it has been encumbered in some way.
So, again, while it may not be property, there are rights in the contract
(terms of service) unless otherwise specified. The only reasons for
revoking a registration should be illegal use proven in a court and upon
presentation of a court order. Registrants, IMO, should be able to feel
secure in the use of a registered domain.
Leah
>
> :-)
>
> Marilyn
>
> -----Original Message-----
> From: Sotiris Sotiropoulos [mailto:sotiris@hermesnetwork.com]
> Sent: Friday, July 27, 2001 4:44 PM
> To: Jeff Williams
> Cc: ga@dnso.org; Ross Wm. Rader
> Subject: Re: [ga] Domain names as observed (was Tucows Response to
> CochettiTransfer Letter)
>
>
> Jeff Williams wrote:
>
> > Joanna and all assembly members,
> >
> > Joanna Lane wrote:
> >
> > > on 7/27/01 1:18 PM, Sotiris Sotiropoulos at sotiris@hermesnetwork.com
> wrote:
> > > > I think this ought to be added to the thread "Domain Names as
> Observed"
> > > > (perhaps Joanna, you could add it to the list already at
> > > internetstakeholders.com?)
> > >
> > > Done. The current list is:-
> > >
> > > A Domain Name is neither dial tone nor a telephone number. IP
> connectivity
> > > is the closest analog to dial tone. An IP address is the closest
analog
> to
> > > the phone number, which the DNS was designed to mask for the benefit
of
> the
> > > end-user. (Ross Wm. Rader)
> > > Domain Names are a Public Resource.
> > > Domain Names are Private Property.
> >
> > You have a problem here with these two "Definitions?". A Domain Name
> > cannot be both a Public Resource and Private property. I think you mean
> > that the DNS is a Public Resource and Domain Names are Private Property?
>
> I have to admit that these two "definitions" did appear rather
> contradictory to me as well. I think you're quite correct here Jeff.
>
> >
> >
> > >
> > > Domain Names are currently subject to lease contracts with registrars.
> > > Domain Names are a mnemonic aid for web site location. Domain Names
can
> > > be a mnemonic aid for an IP address.
> >
> > This is also technically incorrect as well. And IP address is a
> translator
> > for a TLD or potentially a Domain Name.
>
> This is a more subtle but equally important distinction. The "content" of
> an IP address is informed by the registered Domain Name and its holder. I
> think this is a crucial point to stress. Nice heads-up Jeff.
>
> Sincerely,
>
> Sotiris Sotiropoulos
>
>
>
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