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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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    Re:This is a really dumb lawsuit
    by jberryhill on Thursday August 21 2003, @03:18AM (#12103)
    User #3013 Info

    No Karl, this is not a case of someone "jumping in" and using it, as you put it.

    Even if you register a domain name in anticipation of future use, then you put in name servers that YOU CONTROL if you want to control the use of the domain name. Register.com was simply putting in default values for registrants who failed to specify their nameservers, because the RFC requires two nameservers.

    This is more like me tying my horse to a tree in your yard, and then complaining to you that your grass gave my horse indigestion.

    So, just to make sure I understand you, I am going to point the nameservers for all of my unused domain names to cavebear.com and your server can say "NXDOMAIN" 24/7. In the meantime, don't you dare put in any records for those domain names, or else you will be interfering with my exclusive use of my property. You just keep those servers powered up and saying nix. I will also encourage millions of other people to do this. Do we have a deal?

    Nobody said anything about domain names having to be used here. The question is what gave this plaintiff or his prospective class the right to tell register.com what THEY could do with THEIR property? If you read the appellate court opinion, the issue is about deprivation of "exclusive control", and several other causes of action were struck from the complaint. The fact is the registrants were never deprived of "control" - they always had the ability to point those domain names where they wanted. But, yes, I believe that Register.com had a right to exclusive control of its property. Why doesn't that argument cut both ways?
    [ Reply to This | Parent ]


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