Question: Questions for all candidates in all regions. I would be grateful for an answer this week. In the candidate's opinion, is there a property right in a domain name? Please explain.

Nominee Replies

Lawrence Lessig - posted on 2000-09-19 08:57:48 I am sorry, but it is hard for a lawyer to answer that question simply. If by property right you mean a property right like I have a property right in my car, then no. If you mean an interest that cannot arbitrarily be removed, for example, just because intellectual property interests don't like you having it, then in a sense yes. The point is that domain names should come with reliability, protected both by the domain name system, and the law. Donald Langenberg - posted on 2000-09-19 05:05:42 Property right is technically a legal term, and I'm not a lawyer. Nevertheless, I would venture the opinion that low-level domain names are accompanied by property rights in the same sense that an individual or an organization has a property right in a personal name or a corporate name. High level domain names (e.g., .edu) are common property of everyone and noone in much the same sense as the names of commonly used units (e.g., Gigahertz). The latter, of course, are defined and determined by an international organization (the BIPM) in a manner not unlike that of ICANN. Emerson Tiller, J.D., Ph.D. - posted on 2000-09-18 19:21:19 Yes, a domain name (or more specifically, a contractual right to use a domain name) is property. When one registers a domain name with a registrar, a contract is formed. That contract obligates the registrar to maintain the domain name for the registrant for a particular number of years. This contractual right of the registrant becomes intangible personal property. The registrant should be able to sell or auction this property in the open market, as well as have it garnished in a debt collection procedure. I agree with Virginia Supreme Court judges Compton and Carrico who argued in a dissenting opinion that the right to use a domain name is a form of intangible personal property. (See NETWORK SOLUTIONS, INC. v. UMBRO INTERNATIONAL, INC., 54 U.S.P.Q.2d 1738, 529 S.E. 2d 80 (Virginia Supreme Court, April 21, 2000)).