[gnso-rds-pdp-wg] IMPROTANT - Action Items and Notes from Next-Generation RDS PDP Working Group Call - 17 May 2017

[John Bambenek]

Its an analogy and all analogies break down here at some level.

If you want to take ownership to its logical conclusion, than if registries own the domains then they are responsible for its content. I can take that position to Congress if you like. But we both know that's absurd because no one wants to regulate registries like landlords. 

Sent from my iPhone

On May 18, 2017, at 07:25, Hollenbeck, Scott via gnso-rds-pdp-wg <gnso-rds-pdp-wg at icann.org> wrote:

>> -----Original Message-----
>> From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-
>> bounces at icann.org] On Behalf Of Paul Keating
>> Sent: Thursday, May 18, 2017 5:54 AM
>> To: benny at nordreg.se
>> Cc: gnso-rds-pdp-wg at icann.org
>> Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] IMPROTANT - Action Items and
>> Notes from Next-Generation RDS PDP Working Group Call - 17 May 2017
>> 
>> I don¹t see how this makes a difference.
>> 
>> Your example of a car rental is inapposite.  In your example, the car is
>> owned by the leasing company, not the renter.  In the domain space, the
>> domain is ³owned² by the registrant and NOT the registrar (who would be
>> the car leasing company in your example).  The vehicle ownership is in
>> fact public record and I could look up and confirm that the car is in fact
>> owned by the leasing company if I chose to do so.
> 
> Paul, this document is worth reading if you're interested in case law regarding the concept of domain name "ownership" in the US:
> 
> http://caselaw.findlaw.com/va-supreme-court/1462313.html
> 
> The situation may be different in other jurisdictions, but I don't think it's helpful to perpetuate the myth that registrants "own" domain names in the same way they "own" personal property like homes, land, or vehicles.
> 
> Scott
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