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

[Will Langford]

While doing a bit more googling and typing out reply far below...

http://www.answers.com/topic/domain-name

"In one of the cases,*Kremen v. Network
Solutions<http://www.answers.com/topic/network-solutions>
*, the court found in favor of the plaintiff, leading to an unprecedented
ruling that classified domain names as property, granting them the same
legal protections."

... I'm now going to see if I can find more on this case.

The rest below is... possibly now unrelated, but poses some good questions
relating to lease-tax stuff :)

-Will

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On Tue, Oct 21, 2008 at 12:12 PM, T. J. Brumfield <enderandrew at gmail.com>wrote:

> 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.


In leasing, you're more or less renting the vehicle... after all -- you owe
damages and you return the product once your lease is up.


> 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?
>

I think, to continue the car analogy - you don't own the vehicle, but you
own the right to use it.  I'm not sure how property leasing in this instance
works.  Also, AFAIK, when you buy a car, you don't own it until it's fully
paid off.  I could be wrong.

In regards to taxes -- that's.... an interesting thought although perhaps
off topic for this discussion.  I don't pay my landlord's property taxes.
 Does leasing a car involve sales tax ?  Does it involve the renter paying
the state and local wheel tax and simliar things ?  If you lease an
alternative fuels vehicle, do you get the state and federal tax break ?

>
> 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.
>

Sadly, every bit of information I come across for legal stuff involving
domain names *always* involves trade marks and other defined-as-property
correlations.  I can't seem to find anything that legally defines a domain
name other than it's technical make up.

After purchasing a domain, you can choose to transfer it to other
registrars.  You're then moving who is providing the registrar service.
 Service change, but the 'end result' is the same.  Is this... any different
than ... who you pay to keep financial records as a business ?  The records
themselves don't necessarily have a value, but paying for the service of
having the records do ?

Registrar agreements also typically note that there are agreements between
ICANN and the registrar... and that you acknowledge there is such an
agreement... and that you indemnify both.  I believe, since ICANN is the end
all, be all, that the domain name is actually from ICANN by proxy of
registrar.

.... just found something as noted at top of this email.

-Will