[governance] who owns the new gTLDs?

[McTim]

Hi Keith,

Thanks for the nuanced picture.


> 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.

<sigh>

-- 
Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A
route indicates how we get there."  Jon Postel

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