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    Micheal Zurakov Advertising for Class Members for Register.com Lawsuit | Log in/Create an Account | Top | 20 comments | Search Discussion
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    This is a really dumb lawsuit
    by jberryhill on Wednesday August 20 2003, @04:39PM (#12100)
    User #3013 Info

    Any register.com domain name registrant had, at any time, the full power to designate nameservers other than the default nameservers which are supplied by register.com for clueless newbies. At any time, each registrant had the exclusive ability to designate nameservers - they were not deprived of this ability. However, the RFC requires that there be two nameservers. I suppose that the registrants of non-functional names believe they have the right to make the rest of the DNS waste resources looking up non-existent records.

    If you want to file a suit that makes sense, then get some refunds on the .pro defensive registrations, since the legal geniuses at ICANN didn't bother to put a simple provision in the TLD contrats requiring those who were selected to actually run a registry (over others who were ready, willing, and able to do so, but were bumped out the magic 7 slots by non-performers like .pro).
    [ Reply to This | Parent ]
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    Re:This is a really dumb lawsuit
    by KarlAuerbach on Wednesday August 20 2003, @08:16PM (#12102)
    User #3243 Info | http://www.cavebear.com/
    I don't agree.

    The right to not to use an asset (or contractual right) is often just as valuable as the right to use that asset.

    Quite frequently companies register domain names in anticipation; that anticipation does not always flower quickly or even ever. Take the case of the split of Hewlett Packard into HP and what is now named Agilent. Agilent (before it adopted that name) registered several domain names, one for each of the names it was considering. In that situation the intent of registering those names was merely to exclude others.

    Domain names are not such a scarce resource that public policy demands that every one is socially precious and must be used.

    Moreover, even if one does plan to set up name servers, that does not justify the seller of the name from jumping in and using that name in the interim. How would you feel if you bought a new car, and while you were going home to fetch the trade-in, the dealer took your new car out for a night on the town while proclaiming to the world that the driver and all the acts of that driver is you?

    In more crude terms, what this plaintiff is saying is that Register.com is asserting the domain name equivalent of the old droit du signor to ravish the domain name while the name's new husband is getting ready in the other room.

    By-the-way, there is no extra packet transaction overhead for a name that has been registered but which doesn't (yet or ever) have any NS records. So your argument about looking up non-existant resources doesn't seem to have a lot of weight.
    [ Reply to This | Parent ]
    No Dumb Lawsuit
    by Anonymous on Friday August 22 2003, @04:36AM (#12119)
    If I buy a car, I have the right to keep it running, 24 hours a day. If someone takes it for a ride, that is theft, even though I left it running.
    [ Reply to This | Parent ]


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