Live data from Hacker News

France seizes france.com from man who's had it since 1994

arstechnica.com

11–20 of 232 posts

Re: France seizes france.com from man who's had it since 1994

#11
post #8

My memory is hazy now but I recall in the mid-90s Gap (the clothing company) suing Genesis Access Point (an ISP) over gap.com and winning. First come first served is the only fair way to run domain names.

That relied on USA trademark law. Applied to the case mentioned in the above article, the government of France can seize France.com. The principle behind trademark disputes is, would a similar name cause confusion in the market place? The French government can make the case that it would be confusing if a private citizen was allowed to possess France.com. As a principle, "First come first served" has never won a case against trademark law. Or rather, the "first come first served" applies to whoever filed for the trademark, not the domain name. Put another way, trademark beats domain name.

Re: France seizes france.com from man who's had it since 1994

#12
post #7

The courts, in the USA, have found that domain names are not property, instead they are like telephone numbers: ---------------- The court found that under the California tariffs, rules, and regulations applicable to public utilities, and under the terms of the contracts, the debtors had no “proprietary right in the number.” https://www.lexology.com/library/detail.aspx?g=0a84b472-c89f... Also: ...under Virginia law,…

Not all courts, IIRC. The Virginia case was based on VA state law. The 9th and 2nd rules that phone numbers are not assets...so maybe domains are like phone numbers?

Re: France seizes france.com from man who's had it since 1994

#13
post #7

The courts, in the USA, have found that domain names are not property, instead they are like telephone numbers: ---------------- The court found that under the California tariffs, rules, and regulations applicable to public utilities, and under the terms of the contracts, the debtors had no “proprietary right in the number.” https://www.lexology.com/library/detail.aspx?g=0a84b472-c89f... Also: ...under Virginia law,…

Why is this being downvoted? I'm citing the relevant court case.

Re: France seizes france.com from man who's had it since 1994

#14
post #8

My memory is hazy now but I recall in the mid-90s Gap (the clothing company) suing Genesis Access Point (an ISP) over gap.com and winning. First come first served is the only fair way to run domain names.

Also known as "enabling domain name squatters".

Re: France seizes france.com from man who's had it since 1994

#16
post #7

The courts, in the USA, have found that domain names are not property, instead they are like telephone numbers: ---------------- The court found that under the California tariffs, rules, and regulations applicable to public utilities, and under the terms of the contracts, the debtors had no “proprietary right in the number.” https://www.lexology.com/library/detail.aspx?g=0a84b472-c89f... Also: ...under Virginia law,…

Not all courts, IIRC. The Virginia case was based on VA state law. The 9th and 2nd rules that phone numbers are not assets...so maybe domains are like phone numbers?

That is exactly what I said. Did you read what I wrote? Phone numbers are not assets...so maybe domains are like phone numbers?

Re: France seizes france.com from man who's had it since 1994

#17

https://www.icann.org/resources/country-territory-names I have read the entire judgement and beside the fact you can not register the name of a country, he had not also the right to register a trademark from the beginning.

The page you link talks about agreements for the New gTLDs, and as far as I know the contract for .com has not been amended to match this, so it does not apply to France.com. The trademark angle of course isn't changed by that.

Re: France seizes france.com from man who's had it since 1994

#18

Earlier quoted context omitted.

Not all courts, IIRC. The Virginia case was based on VA state law. The 9th and 2nd rules that phone numbers are not assets...so maybe domains are like phone numbers?

That is exactly what I said. Did you read what I wrote? Phone numbers are not assets...so maybe domains are like phone numbers?

No, you said that "courts," as if the Supreme Court had ruled. We have federal laws, state laws and federal judges making decisions based on state laws. Also even if a Federal Appeals court in a circuit rules one way is not binding on all.

Re: France seizes france.com from man who's had it since 1994

#19

https://www.icann.org/resources/country-territory-names I have read the entire judgement and beside the fact you can not register the name of a country, he had not also the right to register a trademark from the beginning.

Wait a sec, “France” is a trademark?

Re: France seizes france.com from man who's had it since 1994

#20
post #3

Web.com transfers the france.com they registered for their customer (since 1994) to the government of France without explanation or warning. "on March 12, 2018, Web.com abruptly transferred ownership of the domain to the French Ministry of Foreign Affairs. The company did so without any formal notification to Frydman and no compensation." It is actually just another example proving the warning we have all known/given…

Yeah, I think as soon as he heard any sort of rumblings from those French entities, he would have been smart to transfer away from web.com to a real/first-party registrar. Potentially they would have been less likely to just hand over the domain.
Post reply on HN