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Re: [ga] Domain names as observed (was Tucows Response to Cochet tiTransfer Letter)
On Sun, Jul 29, 2001 at 12:54:46PM -0400, Joanna Lane wrote:
> on 7/29/01 1:07 AM, L Gallegos at jandl@jandl.com wrote:
>
> > A property manager for an apartment complex does not
> > necessarily own the complex, but has the rights to lease
> > apartments within that property. The tenant does not own the
> > apartment, but does have whatever rights are conferred under the
> > lease agreement. He may or may not be able to sublet the
> > apartment, sell, will or trade his rights in the lease contract, use it
> > for something other than his domicile, etc. It would all depend on
> > the lease contract. As long as the tenant continues to pay his
> > "rent" and/or fees and does not violate the terms of the lease
> > agreement, he has the right to enjoy the use of that apartment.
> >
> > I don't see a registration as anything different, really, except that
> > there is no physical property involved, but just a contract for a
> > service.
> >
> > Leah
>
> Leah,
>
> The difference is that the apartment rented by the tenant was not created by
> him in the first place.
Neither is the domain name. "example.com" is useless, unless it is
registered in a .com registry.
> OTOH, the Registrant may well create the Domain Name
> he is then being asked to rent. The fact that one cannot exploit a DN on the
> internet without first entering into a contract for services does not mean
> that entering into that contract is the defining moment of conception of
> "example.com". In all cases origination pre-exists registration, if only by
> a millisecond.
You are confused. I just made up the string
"asdrieeavaseseravaserasevasereeravea34radaeada.com". But it isn't a
domain name -- it's just a string of characters. It isn't a domain name
*until it is registered*.
> The process by which a registrant thinks up a new DN prior to registration
> is surely a creative process,
Correction. Thinking up something that *might become a domain name* is
a creative process. But it isn't really a domain name until it is
registered and functioning.
> an original artistic and literary work. A real
> life example of that would be "bazoomer.com", which features as the product
> placement storyline in David Mammet's fictional film "State and Main" (BTW,
> an excellent movie). Another example is VeriSign's own "the-bug-reaper.com"
> commercial. Neither of these domain names is active, and probably never
> will be,
Then they aren't really domain names.
their purpose is simply to exist in an artistic and literary
> context as part of fictional work that is being exploited extensively in the
> public domain using other media - theatrical release, broadcast TV, DVD,
> Video etc.
>
> These examples, and others, may enter the public conscious without ever
> being accessible in the DNS roots or appearing on a single end user screen.
> Therefore, it's seems obvious to me that strictly speaking, it is possible
> (albeit not desireable) for a dotcom Domain name to exist and be exploited
> without any formal registrar service contract with VeriSign.
You are exploiting a string. But you only have rights to the *domain
name* if you have some intellectual property rights that you develop for
the string -- eg, a TM.
--
Kent Crispin "Be good, and you will be
kent@songbird.com lonesome." -- Mark Twain
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