Is a Domain a "Tangible Good" - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Jules70** · 03-27-2008, 02:18 PM

Anyone have links to case law on this?
Or experience regarding this.

Thanks in advance

**Rockefeller** · 03-27-2008, 02:19 PM

No, tangible is being able to hold or touch it.

Acroplex · 03-27-2008, 02:47 PM

What if you print out the list of domains?

**acronym007** · 03-27-2008, 02:51 PM

Quote:

Originally Posted by Rockefeller

No, tangible is being able to hold or touch it.

Bingo!

Quote:

Originally Posted by Acroplex

What if you print out the list of domains?

LOL, nice!

**rkbdomain** · 03-27-2008, 02:56 PM

Quote:

Originally Posted by Jules70

Anyone have links to case law on this?
Or experience regarding this.

Thanks in advance

"tangible good" for what law/purpose?

**Rockefeller** · 03-27-2008, 02:57 PM

The sex.com case stated that domain names are intangible:

http://www.law.duke.edu/journals/dlt...1dltr0032.html

**draggar** · 03-27-2008, 03:33 PM

Quote:

Originally Posted by Acroplex

What if you print out the list of domains?

Then the paper it is on is a tangible good.

Acroplex · 03-27-2008, 03:35 PM

The sex.com case is outdated. Domains are being traded as commodities - much like stocks and bonds - and they are owned and taxed in a similar manner.

**Dave Zan** · 03-27-2008, 05:52 PM

Quote:

Originally Posted by rkbdomain

"tangible good" for what law/purpose?

That is the question, ain't it?

**Jules70** · 03-29-2008, 02:32 PM

In regards to using paypal payment for a domain you buy or sell. It appears that they offer no protection for items that are not "Tangible Goods"

Has anyone been able to get there money back from paypal in the case of a deadbeat seller?

**cyberlaw** · 04-09-2008, 05:58 PM

Here you go. The UCC defines a "good" as being something "movable." Here is the DC version:

“’goods’ means all things . . . which are movable at the time of identification to the contract for sale.” D.C. Code § 28:2-105.

Courts have treated software packages, and similar “computer resources” as goods under the UCC.

See e.g. RRX Indus. v. Lab-Con, Inc., 772 F.2d 543, 546 (9th Cir. 1985) (holding that sale of software and incidental services was governed by the UCC); W. R. Weaver Co. v. Burroughs Corp., 580 S.W.2d 76, 80 (Tex. App. 1979).

Your problem is that PayPal says "tangible" goods. So, that might be another issue. It's also probably why they made it "tangible goods," as opposed to just "goods."

**biggedon** · 04-09-2008, 09:07 PM

let me pose this argument

if google.com is considered a "tangible good"

then any domain should have same consideration.

since google is a virtual tool, which is maintained physically, it has the same characteristics as any other domain would to survive or exist.

but we would have to validate the premise first.

**jdk** · 04-09-2008, 09:41 PM

Quote:

Originally Posted by Jules70

In regards to using paypal payment for a domain you buy or sell. It appears that they offer no protection for items that are not "Tangible Goods"

Has anyone been able to get there money back from paypal in the case of a deadbeat seller?

No you can try and dispute it thru Paypal, but I doubt you will get far. This is why it is always a good idea to pay using a credit card thru Paypal and use their protection where you can dispute it thru the card company.

**Dave Zan** · 04-09-2008, 09:44 PM

Quote:

Originally Posted by biggedon

let me pose this argument

if google.com is considered a "tangible good"

then any domain should have same consideration.

since google is a virtual tool, which is maintained physically, it has the same characteristics as any other domain would to survive or exist.

but we would have to validate the premise first.

http://www.dnforum.com/f26/help-plea...ml#post1355013

http://www.dnforum.com/f26/help-plea...ml#post1355238