[governance] Fwd: Fwd: Fwd: [Members] US District Court for DC - IRAN/SYRIA - ICANN

[McTim]

On Sun, Jul 6, 2014 at 6:59 AM, Guru गुरु <Guru at itforchange.net> wrote:

>  I thought this posting on another list may be useful to the discussion on
> the IGC thread  "Some more legal tangles for ICANN"
> regards,
> Guru
>
> -------- Original Message --------  Subject: [Members] US District Court
> for DC - IRAN/SYRIA - ICANN  Date: Mon, 30 Jun 2014 13:14:12 +0200  From: Jean-Christophe
> NOTHIAS I The Global Journal <jc.nothias at theglobaljournal.net>
> <jc.nothias at theglobaljournal.net>
>

<snip>



>
>
>
>
>
> * Nobody really owns a domain name, and there are many indications that it
> could considered in the same way for TLDs. A TLD or domain name
> 'holder'/'tenant' pays a 'lease' for a domain. If the .COM is the property
> of ICANN or DoC, then .IR would then be the property of its current tenant.
> As with any lease, it can end if not renewed or be terminated by the
> delegating authority (if nobody is ultimate owner). So we definitely have a
> situation that isnot clear, as a domain name is still not a property but
> holds intellectual property rights, turning it into a very valuable asset.
> You do not own the domain, you own the right to use it. This still means
> that any TLD has a commercial value, including ccTLDs, and is therefore an
> asset and subject to a Court sequestration warrant or redelegation request.
> And in this case, the judge is not asking for the moon, I would say.*
>


I like ICANNN's formulation in their reply to the Writ:

"ccTLD can be thought of as a zip code. That zip code may encompass many
different addresses, and those addresses in turn may correspond to certain
places on the Internet that people can access, such as websites. But the
street address itself is not property, nor is the zip code in which the
street address exists…To the extent a ccTLD is capable of a legal
definition, it is a collection of technical and administrative services,
rather than property"


-- 
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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