Re: [ga] Domains as property...

[Joe Baptista <baptista@xxxxxxxxxxx>]

On Sat, 26 Jul 2003, J-F C. (Jefsey)  Morfin wrote:

> I am not sure I understand the implication of the comparison with a
> "share". Does that mean the the property he considers is the property of
> the DN (the name itself) or the property of the share (the right to the
> name). I think I would strongly disagree with the first understanding and
> agree with the second one. Thanks for comments.

the property right is in the databases.  thats what i've been saying from
the begginning - which see:

http://www.dot-god.com/corporate/copyright/god.pdf
http://www.dot-god.com/corporate/copyright/satan.pdf

and see pages 18 etc. of the 9th appeal decision (see url below) -
discussion on DNS - which references the dns (database) as a document.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/999D1D5B0D734B6088256D6D0078CB88/$file/0115899.pdf?openelement

finally the courts see the obvious.  how brave of them.  and now the us
governments liability clock on icann starts ticking.

regards
joe baptista

> jfc
>
> At 02:18 26/07/03, Sotiris Sotiropoulos wrote:
>
> >http://news.com.com/2100-1028_3-5055771.html?tag=fd_top
> >
> >"The original owner of the Sex.com domain name has won a potentially
> >landmark court victory, allowing him to sue registrar Network Solutions
> >for transferring his domain to a con man.
> >
> >A Ninth Circuit Court of Appeals judge ruled that Gary Kremen, who first
> >registered the Sex.com name in 1994, had a property right to the stolen
> >domain and that Network Solutions <http://www.networksolutions.com> was
> >potentially liable for giving it away without proper authorization.
> >
> >"Exposing Network Solutions to liability when it gives away a registrant's
> >domain name on the basis of a forged letter is no different from holding a
> >corporation liable when it gives away someone's shares under the same
> >circumstances," Judge Alex Kozinski wrote. "The common law does not stand
> >idle while people give away the property of others."
> >
> >----
> >It's about time.
> >
> >Be Well,
> >
> >Sotiris Sotiropoulos
> >
> >--
> >*************
> >Excellence is an art won by training and habituation. We do not act
> >rightly because we have virtue or excellence, but we rather have those
> >because we have acted rightly. We are what we repeatedly do. Excellence,
> >then, is not an act but a habit.
> >     --Aristotle (384 BC - 322 BC)
> >
> >
> >
> >
> >
> >
> >
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