Canadian Court Rules Domain Names Are Property

[lothos]

A senior court in Canada has ruled that domain names are property.

http://domainnamewire.com/2011/08/05/canadian-court-rules-domain-names-are-property/


Here is a link to the ruling: http://www.ontariocourts.on.ca/decisions/2011/2011ONCA0548.htm

The relevant section starts around [41]

 

[Name Trader]

So there is some sanity still left in the world

 

[DU]

So there is some sanity still left in the world

I'm not sure what this court case has done.

Today the UDRP makes a decision. There is then an appeals process for that decision.

Looks like they just bypassed the UDRP which you agree to when you purchase a domain? I'm sure eventually an international body will have to figure this all out.

I'm also not sure how a Canadian court making a ruling on something really matters on a global stage.

As for sanity? Canada only looks that way because their nearest neighbour is the USA.

 

[mis_chiff]

I'm not sure what this court case has done.

Today the UDRP makes a decision. There is then an appeals process for that decision.

Looks like they just bypassed the UDRP which you agree to when you purchase a domain? I'm sure eventually an international body will have to figure this all out.

I'm also not sure how a Canadian court making a ruling on something really matters on a global stage.

As for sanity? Canada only looks that way because their nearest neighbour is the USA.

Depends on which way you are looking

Interesting read, looks like things are moving forward
in the domain world - Domains should be considered property anyway...

 

[DU]

Depends on which way you are looking

Canadians are are always looking funny, to me.

I've read the case this time and I understand more about what happened and the relationships between the Case and the UDRP.

To me this just seems to devalue the UDRP in cases where both parties can afford it.

Oh well.. it would have been nice if Tucows had lost because with 30,000 last names they're clearly just warehousing names

 

[Dave_Z]

I'm also not sure how a Canadian court making a ruling on something really matters on a global stage.

If anything, a court in another country might or might not consider that decision for especially a similar dispute. I could be wrong, but I think it's important to note especially this line from the decision itself:

A domain name can be considered to be property in Ontario for the purposes of rule 17.02(a)

That rule 17.02(a) is based on their Rules of Civil Procedure:

http://www.lco-cdo.org/en/judicial-jurisdiction-consultation-paper-appendixE

Service Outside Ontario Without Leave

17.02 A party to a proceeding may, without a court order, be served outside Ontario with an originating process or notice of a reference where the proceeding against the party consists of a claim or claims,

(a) Property in Ontario C in respect of real or personal property in Ontario;

Thus, it's not saying it's property anywhere else for any situation whatsoever. It's limiting its definition or decision of property only according to that, with accompanying arguments and so on.

That's essentially like some people arguing that the sex.com dispute defined domain names as property. It did, but only under limited, specific circumstances.

Besides, there are possibly...unintended consequences...should domain names be considered property, some of which had already been mentioned here somewhere before...

 

[axus_auto]

So, what impact does it have for the online world?