[governance] who owns the new gTLDs?

[Keith Davidson]

The idea of "ownership" of domain names is being constantly tested in 
various courts around the world, and there are strong indications that 
there are aspects of ownership, and aspects of property rights that 
exist over a domain name. Ellen Rony has penned an excellent resource at 
http://www.domainhandbook.com/property.html and some of the court 
decisions referred to are fascinating. At the basis of domain name 
delegations, RFC1591 clearly states:
    "Concerns about "rights" and "ownership" of domains are
     inappropriate. It is appropriate to be concerned about
     "responsibilities" and "service" to the community."
And this is specifically referring to Top Level Domains. Many TLD 
operators assert strongly in their terms and conditions to registrants 
that there is no transfer of ownership when acquiring a domain name. Yet 
the courts seem to more frequently find there are elements of ownership.

Its therefore not quite so easy to give a definitive "owned" vs "not 
owned" answer... The answer is likely to arise on a country by country 
basis depending on the legal precedents being established, rather than 
on a global basis. It may be, in the fullness of time, TLD operators may 
have to have different terms and conditions for registrants based on 
their geographic location.

Cheers

Keith

On 6/03/2013 3:54 a.m., McTim wrote:
<snip>
> The answer is that no one "owns" them.  Domain names are delegated to
> registrants.  It's more like a "lease" than "ownership".   This is the
> case for multiple and single-roots.  It also describes the situation
> for numbering resources more adequately than ownership.
>

-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t