Are 'Domain Names' REALLY our property??

[Domainerz]

Hi all,

We 'Buy' , 'Sell' and 'Broker' them.... but 'Are domain names really our property...???'
Please give your opinion.

Regards.

 

[Raf]

Thats a very interesting property to talk about, when you think about logically you do get access to domains and etc. However there are organizations that control/govern these domains properties. Hmm that would be quite hard to answer. :tu:

 

[Domainerz]

My question is not just for the sake of discussion.... It's a Very Very Very serious question..... coz. I've read that Law Courts have decided that domain names 'ARE NOT' property of 'REGISTRANTS'...!!!

 

[Wilfredo]

We just buy a contract to manage them for a timeperiod.

 

[armstrong]

We buy and sell the rights to a domain. Such rights can be lost through several means, such as incorrect whois info, or changes to a tld's charter, that normally can't happen with 'real' property.

 

[Raf]

Yeah I would have to agree with armstrong, what do you mean exactly by incorrect whois info?

 

[armstrong]

You are required to maintain correct whois information (name, address, email, phone) for your domains. Technically, you can lose your domain if these are incorrect.

 

[Domainerz]

Many points arise:
1st Point: (Agreed) We are not the 'Owners'...;
2nd Point: (If we are not the owners, then we can not sell or buy these "SO-CALLED" properties;
3rd Point: If these 'so-called' properties can not be bought or soled then how come these be 'Brokered' ???
4th Point: If these properties can not be brokered the how come there be a 'Broker' for the same purpose ???
5th Point: If there can't be a Broker for this purpose then how come there be an 'Association' of such so-called brokers of (so-called) properties ??

Johnn !!! Please don't take it otherway... Please think it over again & again & again & again..!!!

 

[CoolGuy]

Maybe the Registrars or ICANN

 

[yesonline]

I remember there was a case that networksolutions.com wanted to keep a domain from giving it up to a company. They claimed that the original registrant(who had been broken and was being liquidated) had never OWNED this domain because domain name can't be a property of the registrant, no way to be transferred to the debtee who was asking to transfer the domain to them.
And networksolutions.com lost the case, domain transferred to the debtee.
I hope I don't remember wrong

 

[rabid_nerd]

I would say they are property and the registration is our deed.

You can lose the deed to your physical property as well if you don't pay taxes (ala registration fees), allow illegal activities on your property (ala spam, porn).. And of course be condemned through public domain..

Of course as far as legal definitions... Well... any lawyers in the house? lol

 

[RJ]

If you review the infamous Sex.Com case, the 9th Circuit Court of Appeals ruled that domain names ARE, or should be treated as, real property - and for that reason held Network Solutions liable for damages to Gary Kremen.

http://www.securityfocus.com/news/6545

http://www.whois.sc/news/2003-01/domain-property.html

Prior to that ruling, the prevailing opinion was that they are not property. Take this article from 2000 for instance which quotes several other cases.

http://www.graycary.com/gcc/GrayCary-C/News--Arti/Articles/112000.1.doc_cvt.htm

 

[CoolGuy]

Is I guess your question was answered by -rj- domainerz.

 

[dnslife]

I think if a registrar's website says "register YOUR domain" or "You can OWN your doman name today" Then the domain name is in fact yours to OWN. They can be held liable for misrepresentation in US district courts otherwise.

http://www.neustar.us/ads/golive/landing/howtobuy.html

Registrars...You can't live with them and you can't shoot 'em!

 

[CoolGuy]

 

[Domainerz]

I agree RJ - Thanks for update and info. In fact I visite "American Internet Registrants Association" http://www.aira.org/ today to update my info. Thanks again.

 

[Anthony]

Hooray! I own a lot of property!

 

[gilowyn]

German/ European law: domain names are property of registrant. Except when violating brand laws. like a lot of people did in the beginning, registering names just for the sake of selling them again.

As for the rest - yes, I believe my domains are mine. I am actually now getting rid of some, and although they are listed on sedo, I'm contacting possible buyers directly... better chance of selling, since with these people I know my domain name is valuable.

 

[AdoptableDomains]

Domains are commonly referred to as "intellectual PROPERTY". Just like patents and trademarks.

 

[Rob]

Its alot of money to spend on things that are not tangible and theoretically could be taken off us at any time!