NSI's Service Agreement has been in place all year, but some people are
only now seeing the fine print. The Non-Assignment clause referred to
below is item 23 of the document.
For a fuller exploration of its implications, read:
Clicks or Mortar: Are Domain Names Property? posted at
http://www.domainnotes.com/clickormortar.html
I wrote that article in February. A subsequent decision (Caesars World,
Inc. v. Caesars-Palace.Com, et al.; Civil Action No. 99-550-A
(E.D.Va.,March 3, 2000) upholds my view that Congress mandated that domain
names are property in the Trademark Cyberpiracy Act by allowing a trademark
holder to prosecute certain claims through an in rem (against the property
) action (although that case was really about whether that in rem provision
violates the Due Process clause of the U.S. Constitution)
>FYI:
>
>
>>Date: Sat, 15 Apr 2000 13:22:55 +0200 (MET DST)
>>From: [EMAIL PROTECTED]
>>To: Jay Fenello <[EMAIL PROTECTED]>
>>Subject: Network Solutions, Inc. Restricts Re-sale of Domain Names
>>
>>April 13, 2000 - For Immediate Release
>>
>> In an effort to control the growing market in domain names,
>>Network Solutions, Inc. has amended its registration agreement
>>to prohibit domain name owners from transferring their domains
>>to new owners. By including the language "Your rights under
>>this Agreement are not assignable. Any attempt by you to assign
>>your rights shall render this Agreement voidable at our option.
>>" NSI's new registration agreement allows NSI to revoke a domain
>>name owner's registration at will whenever the owner attempts to
>>transfer it.
>>
>> Chris Truax, speaking for Domain Name Buyer's Guide, said,
>>"Some of the terms in NSI's registration agreement are outrageous.
>>NSI seems to be taking the position that domain name registrants
>>don't actually own their domain names. What is worse, NSI isn't
>>being open about it. While they pretend to allow the transfer of
>>domain names, they have given themselves the legal right to take
>>your domain name away and give it to someone else."
>>
>> Mr. Truax also said NSI no longer had a monopoly on domain
>>name registration and that domain name owners now had a choice
>>of which registrar to use. "There are now over twenty active
>>domain name registrars and more are being added every week. NSI
>>came near the bottom of the registrars we ranked. For the moment,
>>Domain Name Buyers Guide recommends that domain name owners avoid
>>NSI and use one of the new registrars."
>>
>> "Domain names can be an extremely valuable asset." continued
>>Truax, "The market for domain names is growing at a tremendous rate.
>>Some domains are literally worth millions. BUSINESS.COM recently
>>sold for $7.5 million USD and WINE.COM went for $3 million USD.
>>Even if you're planning on using it yourself, we think it would be
>>crazy to use a registrar that doesn't recognize your ownership
>>rights in your domain name."
>>
>> Domain Name Buyer's Guide is a free on-line service that ranks
>>active ICANN accredited domain name registrars. For more information
>>contact Chris Truax at [EMAIL PROTECTED] or by phone
>>at (619)401-3472.
>>
>>Domain Name Buyer's Guide Website
>>http://DomainNameBuyersGuide.com
>>
>>The Network Solutions, Inc. registration agreement can be found at:
>>http://www.networksolutions.com/legal/serviceagreement.html
>
>Respectfully,
>
>Jay Fenello,
>New Media Strategies
>------------------------------------
>http://www.fenello.com 770-392-9480
>Aligning with Purpose(sm) ... for a Better World
>------------------------------------------------
>"If we want to change the world, we have to
>begin by changing ourselves" -- Deepak Chopra
-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-
Ellen Rony // http://www.domainhandbook.com
Co-author *=" ____ / [EMAIL PROTECTED]
The Domain Name Handbook \ ) +1 415.435.5010
// \\ "Carpe canine"
The more people I meet, the more I like my dog.
