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davezan - 3:08 pm on Jan 28, 2005 (gmt 0)


Not an attorney either but I'll share my thoughts.

For a long time I assumed when I registered a domain name that I had a license to use it and I was therefore a licensee. Implicit in this assumption was that some other entity was the licensor/owner. But I'm not so sure anymore.

You could say that. What many people don't know (and I'm sure want to hear, either) is
that, in reality, they don't really own the domain name.

The registrar is selling you the right to use a name and manage it for you. But you create
the name and can do with it as you see fit as long as it's still paid.

I think one does own a domain name during the term of its registration.

As long as it's paid, you have rights to it. Once expired, you don't have rights except to
renew it or let it go.

An analogy would be club membership: if you don't pay your monthly or annual dues, you
eventually won't be able to avail of the club's amenities.

Unfortunately, dissents aren't the law. So the legal nature of domain names is still unresolved, and no one seems to be able to figure out just what they are.

If you're referring to the question as to whether domain names are property, that should
be irrelevant.

Why?

Imagine this: if domain names are declared property just like your house, and your spouse
decides to divorce you, your spouse can include your domain name among the items to
take from you, don't you think?

How many people have considered that aside from the attorneys?

If the registrant doesn't own the name, then who does? I'd like to hear some opinions on this.

In the registrar's viewpoint, whoever is listed as the registrant is the legal owner, no ifs
ands or buts.


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