Help Please

[madbigt]

If someone could help it would appreciated.

I am looking for the rules for .com if the original registrar passes away who gets the name, is it passed down through his Will? If it is not part of the Will who gets the name?


Thanks

[BILLBO]

The 'domain owner' does not actually 'own' the name, just has license to use the name for the period of the registration. Upon an 'owners' death the right is transferred as any other commercial right to his/her inheritors.

This I am sure you will find is the general law, however, I am sure there will be a few quirky situations.

[acronym007]

Originally Posted by madbigt

If someone could help it would appreciated.

I am looking for the rules for .com if the original registrar passes away who gets the name, is it passed down through his Will? If it is not part of the Will who gets the name?


Thanks

That's actually a very good question and I am sure no one or very few people ever address it in a will or other format. If you are aware of a situation like this or your involved I recommend consulting with a knowledgeable attorney ASAP.

[Acro]

When there is a will, there is a way

[aZooZa]

No inheritence directly on domain names. See a lawyer - he'll fix it. If there are no secondary measures in place, it will revert to the registrar.

[DaddyHalbucks]

I imagine a strong argument could be made that domains are personal property to be handled just like the other assets of the decedent.

[aZooZa]

Originally Posted by DaddyHalbucks

I imagine a strong argument could be made that domains are personal property to be handled just like the other assets of the decedent.

No, domains are never anyone's "property". They are always leased goods.

[BILLBO]

But rights go with leased goods and licensed goods.

[aZooZa]

Originally Posted by BILLBO

But rights go with leased goods and licensed goods.

Try fighting that battle in court Bill. Believe me, I know. It doesn't work like that. A lot of people here think they 'own' domains. Not so. They are on a transferrable lease.

[BILLBO]

I know, as I pointed out in my original post here!

[Acro]

Billbo, you meant Raven.com

[aZooZa]

Simple answer: Your rights to a domain don't have anything to do the laws of inheritence. Far from it. You need to make SPECIAL legal arrangements for that, Almost as easy as giving loved ones your log/pass. If I lease a motor, does the equity/title in that pass to my beneficiaries? No. But the debt might.

[DaddyHalbucks]

Originally Posted by aZooZa

No, domains are never anyone's "property". They are always leased goods.

I think it was the famous sex.com which established that domains are property.

Look it up.

[Dave Zan]

Originally Posted by DaddyHalbucks

I think it was the famous sex.com which established that domains are property.

Look it up.

Well, NSI subsequently rewrote their contract to include words like "you don't
own the domain name, no ifs ands or buts" (something like that), and it was
eventually upheld in one legal decision:

http://davezan.com/sizevsnsi.txt

Register.com's contract has similar wording on that part and was upheld, too.

This topic's one of those beaten-to-death ones. Needless to say, the domain
name is going to stay registered until either: a) it expires and goes through its
usual process with the registrar, or b) someone gains access to it before a in
whatever way possible.

Depending on how one will go about B, it might be easy or impossible.

[DaddyHalbucks]

Originally Posted by Dave Zan

Well, NSI subsequently rewrote their contract to include words like "you don't
own the domain name, no ifs ands or buts" (something like that), and it was
eventually upheld in one legal decision:

http://davezan.com/sizevsnsi.txt

Register.com's contract has similar wording on that part and was upheld, too.

This topic's one of those beaten-to-death ones. Needless to say, the domain
name is going to stay registered until either: a) it expires and goes through its
usual process with the registrar, or b) someone gains access to it before a in
whatever way possible.

Depending on how one will go about B, it might be easy or impossible.

NSI and Register.com could etch in stone that the Earth is flat, but it would not change the basic nature of the planet.

[madbigt]

Thanks for all your answers. Still confused but I see that I have to get a lawyer involved.

[Banned: domain newbie]

when the owner of the leasehold property dies, inheritors inherits the rights to the lease?
should be the same with domains (license to use)

but i think a long way away ..

[Dave Zan]

Originally Posted by DaddyHalbucks

NSI and Register.com could etch in stone that the Earth is flat, but it would not change the basic nature of the planet.

Well, neither will that change the facts that: a) agreements of both NSI and
Register.com were upheld in their respective decisions, and b) both contain a
term something like you agree you don't have property or ownership rights to
the domain name upon registration with them. Most if not all registrars' legal
agreements have that term, and naturally you agree to all of them upon using
their services. (or whoever registrar you're currently using...)

Originally Posted by domain newbie

when the owner of the leasehold property dies, inheritors inherits the rights to the lease?
should be the same with domains (license to use)

In an ideal world, I'm sure many people want those registrars to hand over all
and any domain name under that lease thing and upon authenticated receipt
of all documentation confirming that. In the real world we all live in, some can
ask for a court order, others might be more accomodating.

Besides, registrars generally don't care to know the legalities of different and
various jurisdictions all over the planet. And it's already been discussed here
what can happen if some jurisdiction (especially the US) declares that domain
names have the same property rights as land and what not. (your ex-wife can
fight for it in divorce proceedings, relatives dispute a will, etc.)

OTOH, if you prepared beforehand, like telling your loved one/s what are the
login details of those domain names or leaving that in a will or so, then you've
got a way to get around the potentially bureaucratic processes no one really
wants to have to go through.

[stock_post]

This is part of the reason, I am asking my wife to know about my domains.
Registrars and email address/passwords associated with them.

-- Some times educated women are hard to convince. – When they are in the mind set that you are just wasting your time and money.

 Just don't loose the focus (if that happens to you)
 It kook me a while to convince my wife to spare some time on this matter.

In case of a bad incident, I or my family doesn’t just make a big "ZERO" out of my investment.

As soon as my kids are in a position to know the business (Age and knowledge wise)

I will probably teach them/assign some to each of my kids so, they know how to renew or sell them.

Wish other members here are doing the same.
-- if you have a bid investment it is always good to protect it.
-- Make sure your loved ones get the money they deserve.

[DaddyHalbucks]

Can you rent domains? Check.

Can you sell domains? Check.

Can you lease domains? Check.

Can you pledge domains as collateral for a loan? Check.

Can you transfer ownership of domains? Check.

Can you exclude others from using domains? Check.

If they walk and quack like property, guess what?! Maybe they are property.


"Traditional principles of property rights includes:

1. control of the use of the property
2. the right to any benefit from the property (examples: mining rights and rent)
3. a right to transfer or sell the property
4. a right to exclude others from the property."

http://en.wikipedia.org/wiki/Property