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

[Matthew G. Marsh]

On Tue, 21 Oct 2008, Will Langford 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."

"Exclusive Right of Use" is a legal way of saying that you own "Property" 
defined as the right to use and enjoyment. Basically think of your lease 
when you "had" an apartment. The apartment was actually your "property" 
legally speaking under the terms of use of the lease - IE: you had the 
"Exclusive Right of Use" of that location.

So - a domain name is your property, legally speaking, so long as you are 
in compliance with your lease (the domain registrar fees etal).

> 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 ?

Ditto for all. I must admit that I really enjoyed the "property" classes - 
kind of the same way I enjoyed writing covert channels in SNMP...

> 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 ?

Best bet - read up on Leases and Patents. They are the definitions of 
Property that you seek.

> -Will

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Matthew G. Marsh
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