[olug] OT: is a "domain name" property or service ?

[T. J. Brumfield]

I don't know how solid it is, but when you lease a vehicle you owe
Toyota or Chevy or whomever for any damages you cause to the vehicle.
You can walk away from negative equity.  I'd contend that you don't
own the vehicle, which makes it rather odd that you still pay taxes
for purchasing the vehicle, and registering it.  In theory, since
Toyota or whomever is purchasing the vehicle and leasing it to you,
shouldn't Toyota be paying the taxes?

Also, this is just opinion, but each registrar just provides a service
to you, but they don't own the domains to begin with.  You are paying
them for a service, but I would contend you own the domain.

-- T. J.

On Tue, Oct 21, 2008 at 11:30 AM, Will Langford <unfies at gmail.com> wrote:
> I've.... been having a hard time finding a solid definition for if owning a
> domain name is considered a property or a service agreement.
> Many law related texts seem to insist that a domain name is a 'property'.
>  Reading Agreements at registrars leads me to believe they are a service.
> Lastly, the worlds end all be all legal resource (cough), wikipedia suggests
> that 'owning a domain name' is more or less:
>
> "Domain names are often referred to simply as *domains* and domain name
> registrants are frequently referred to as *domain owners*, although domain
> name registration with a registrar does not confer any legal ownership of
> the name, only an exclusive right of use."
>
> Of similar note - is a leased vehicle my property or the bank's property ?
>  What about time shares to vacation spots or spa/gym memberships ?
>
> ICANN's website is sadly, the typical annoyingly obtuse 'lots of content,
> impossible to find' sites.  I can't find anything in agreements that
> specifically defines a domain name as either goods or services.
>
> Damnit!
>
> Anyone care to point me to a solid definition rather than some editorial
> opinion piece ?
>
> -Will
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