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

["L Gallegos" <jandl@jandl.com>]

On 27 Jul 2001, at 23:37, Sotiris Sotiropoulos wrote:

> Eric Dierker wrote:
> 
> > I cannot accept the premise that they are privately owned by Registries
> > or Registrars - except maybe in the case of a ccTLD - but then that is
> > public in most countries, hence anti-hoarding laws like our toll-free
> > regs.
> >
> > Come to think about it maybe they are more like hunting permits.
> 
> One cannot sell, lease, or otherwise transfer rights to use a hunting
> permit. Domain names are sold and re-sold, and leased, and loaned, and
> willed...

There is a difference between a permit/license (non-transferrable) and a 
lease contract or, in this case, a registration.  First of all, there are user 
agreements which state whether a domain name can be transferred, 
sold, etc.  Each registry sets those conditions, so not all domain 
names fall under the same terms.  However, if the terms allow for 
transfer, then it would be much the same as any other contract which 
confers rights to the holder.  As long as the contract is in force, the 
rights would apply.

So, it still is not ownership of the domain name itself, but rights of use 
of the domain name.

As for being willed, what would happen if a registrant died just before 
the registration expired.  If it were not renewed, it would not matter 
whether it was willed or not.  It would expire.  The registration is only 
good as long as the contract is in force.

> 
> Sincerely,
> 
> Sotiris Sotiropoulos
> 


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