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View Full Version : domain ownership and rights


peterb
06-27-2003, 05:06 AM
Hi,

I have a registered a domain name and was using a registrar but then I saw problems with the name which appeared to be caused by the registrar and decided to move the domain name to the host that I am using.

Suddenly, I found that I was having problems moving the domain name becuase the registrar started telling me that it would take days to change the registrar which ended up taking around 10 days in fact.

My question is that, I thought that this process of domain names belonged to us and not under the control of the registrars?
Is there a issue about rights of ownership and as to what is happening on a timely basis?

I have searched the web and found numerous issues regarding arguments between owners and registrars.

Peter

meglamaniac
06-27-2003, 08:18 AM
Technically, the domain is indeed your property.
However, ICANN (the Internet Corporation for Assigned Names and Numbers) which is the US body that has ultimate control over domains, has a horribly complex and downright unhelpful system of licensing registrars and so on.
What this in effect boils down to is that it is in the registrar's financial interests to keep hold of your domain, and they're sure as hell not going to give it up without dragging thier heels over it.
On top of that, there is no set system for transfering domains, so the registrars have to argue it out between themselves - the result of which is domains getting lost, assigned to the wrong person, or being misconfigured.
Many registrars are also pathetically slack on security. There have been many cases (the most famous of which was probably sex.com) whereby someone forges a fax from the person or body who owns the domain they want, asking the registrar to transfer it to them. The registrars have then simply handed them over without any further checks.

So, while the domain is your property, good luck keeping it.
If you want all the gory details try reading this (rather lengthy) article:
http://www.theregister.co.uk/content/6/29065.html

:)

peterb
06-28-2003, 03:41 AM
Hi Meglamaniac,

Thanks for the gruesome details.

I had a feeling that it was going to be bad. It amazes me that it can take 10 seconds for an email to go around the world and yet we still have these problems to contend with on the net.

I will definitely read the link.

Thanks again,

Peter

kohashi
06-28-2003, 05:05 AM
registrars dont like losing business and will always be slow. Any excuse is a good excuse not to transfer. Read their policy carefully so they cannot dispute it.

NyteOwl
06-28-2003, 02:20 PM
Actually the domain is leased property the same way a leased automobile or rented house is. It is "your's" only so long as you pay the rent and obey the terms of the lease. Also within those terms there are options which let it be taken away despite your following the terms from your end.

LightWeb
06-28-2003, 04:45 PM
If you search around about domain names you will find that the topic of ownership is not settled at all, it's not even settled if domain names are even property to be owned. There are only a few judges on the courts that are deciding the fates of domain ownership that even understand the doman name system. As I have read recently domain names (.com) are considered real property in the state of Virginia (the location of the main root servers), as if they were a business located in that state.

Acroplex
06-29-2003, 03:08 AM
Actually there was a single confirmed case where the owner of a domain had to list it as joint property in his divorce settlement. The judge considered that actual (and not virtual) property.

peterb
06-29-2003, 04:06 AM
It's good to know that we are all standing on solid ground or should I say bits!

Thanks to all for the info. I guess that I will have to continue taking my chances in cyberworld one step at a time.

Peter