Network Solutions "Owns" Your Domain Name!

jvj24601 writes "A columnist at news.com reports that Network Solutions has recently changed its contracts -- it now 'owns' the domain name and can take it back at will. This has been held up in court. I am especially appalled that their agreement states 'NSI may terminate "domain name registration services" if the registrant uses them for "any improper purpose, as determined in our sole discretion."'" Time to check the DomainNameBuyersGuide again ...

Comments

domain squatters and auctions

[option8]

i wonder how this will effect domain squatters who ut up chunks of names with the sole purpose of auctioning them off on ebay, holding them for "ransom", etc.

Re:domain squatters and auctions

[sigwinch]

Thus speaketh the parent comment:

i wonder how this will effect domain squatters who ut up chunks of names with the sole purpose of auctioning them off on ebay, holding them for "ransom", etc

Thus speaketh the news.com article:

In a decision that went largely unnoticed in the press, the Virginia Supreme Court ruled 7-2 last month that a domain name "is the product of a contract for services," and not a type of property that a Web site owns. [...] The majority opinion reversed a March 1999 circuit court ruling. The Supreme Court said the lower court erred when it concluded that "Internet domain names are a new form of intellectual property."

This leasing perspective, and the court decision supporting it, are actually good, because it reflects what domain names really are: a contract where the registrar promises to maintain the name-to-IP address mapping in exchange for payment. Domain names are no more "property" than are phone numbers, or license plate numbers on cars.

This is good for trademark reasons. This is a little complicated, so switch your brain lawyerese mode. Trademarks violations involve the public exhibition of the mark, or the sale of a physical object bearing the mark, in such a way that it harms the holder's business or damages their reputation (AFIK). But registration of a domain name is just a promise to return particular DNS server addresses when queried with the name.

(This doesn't mean that public use of a domain name cannot be infringing. If you deliberately use the name to pretend to be the holder thus causing public confusion, or use it to libel the holder, you have infringed the trademark. The important point is that sticking IP addresses in a database row is not infringement.)

The domain name system has another relevant characteristic: domain names are utterly arbitrary. They are not required to match or resemble anything in the real world. As far as I know, the Internet's governing rules (the IETF RFCs) make no mention of how you should name hosts in DNS. For example, www.ford.com could point to a webserver owned by Daimler-Chrysler containing advice on crossing rivers. Or mail.mcdonalds.com could be an ftp server with J. Random Netizen's pr0n and MP3 collection. There are plenty of examples of this sort of thing, such as the notorious www.whitehouse.com.

Combine registration-as-contract with name-as-meaningless, and what do you get? Noninfringement unless the domain name is later used for traditional trademark infringement. Of course this is contrary to the hopes of the megacorporations, who have been lobbying to make the DNS root servers a branch office of the Ministry of Trademarks. It's funny how unrelated cases can sometimes establish precedents. I for one am grateful to NetSol for so nobly protecting me from corporate greed. ;-)

So my take is that squatting and auctioning are legal. And I think the benefits (megacorps can't touch your domain name) far outweigh the dangers (squatters, who can be bought off cheaper than megacorps, and who rarely litigate you into the grave).

(Of course, IANAL. Especially not in land of trademarks, strewn as it is with mines and traps for the unwary.)

<blush> The first time I posted this, I somehow managed to post this to the old "Ranking the Registrars" article. Don't know why I bother getting out of bed some days...

So? It's called a free market.

[Anonymous Coward]

So instead of using Network Solutions, every one registers with the other domain registrars. Who loses? Well, sure it's a hassle, but there goes Network Solutions' income. Darwinism is fun to watch.

Re:So? It's called a free market.

[imp]

If you can get NSI to actually transfer your domain name to a third party entity. We've been trying for MONTHS to do this and they have not been too keen to do this (although they are keen on forcing us to pay the renewal fee). Grump.

Don't register with Network Solutions!

[Maul]

Not only are they sloppy, as many testimonials on Slashdot have shown in previous articles about Domain Name Theft, but now they have the right to just take your domain name back? While I doubt this will be commonly excersized, I think we should tell them that we don't like it by registering elsewhere.

I recommend Register.com currently, as you aren't tied up for two years, and it is really easy to manage your domain via they're web page. Register.com doesn't seem to me to have some of the problems Network Solutions has.

Hrrm

[Signal 11]

Seems to go against another court ruling holding that people's domain names can be considered property. In light of this, I think it would be wise for people to consider a class-action lawsuit against Network Solution's for selling them a bill of goods - what exactly are you paying them for if you are not getting anything in return? I happen to have registered a domain under Network Solutions. I wish it was easier to switch registars, but it is not - there is a window of mis-opportunity where your domain is "available" should you wish to switch.

Any lawyers care to comment on what my options might be? Can I sue them, and if so, for what? This is a definate consumer-rights issue.

Re:Hrrm

[Astin]

The court ruling talked about was a reversal of an earlier ruling, which stated that domain names were intellectual property. As for what you're getting, the article does quote NSI's legal counsel as saying "You don't own a domain name any more than you own your phone number." Obviously, just his (and NSI's) opinion, but that's their rationalization for their rules. However, you don't complain that you pay a monthly phone bill, when your phone company does reserve the right to change your number, or even take away your right to use it (area code changes, illegal use, not paying your bill, etc. for example). Not that I'm supporting NSI's position, just clarifying... or not.

Re:Hrrm

[philg]

Bad analogy. I'm paying a phone bill for the same reason I pay my ISP, not NSI. The analogy holds up if you want a particular phone number; you pay more and get it, but you have to renew it, like vanity plates on a car. That is to say, it's not yours. Of course, the DMV is less draconian than NSI, because they can't just take your plates away "at their sole discretion."

Note that many fewer people have bought custom phone numbers, relative to the number of people with any phone numbers. This would indicate that, whatever NSI thinks, the public had the idea that what they were getting was more valuable than a custom phone number.

Whether one can consider NSI to be preying on this ignorance (since they waited for their service to get ubiquitous before seeking clarification) is an open question....

phil

political ground?

[don_carnage]

So if, at any time, Network Solutions or it's political constituants disagree with the position that you are taking on your website under their domain name, then they have the right to withdraw that domain name from you?

So who owns freedom dot com?

dc
--

Why not start a new open source name registration?

[Jason Straight]

We should all get together and make our own DNS registration. Just like all the napster spinoffs, lets do a nameserver spinoff.

Sorry to state the obvious, but...

[JamesKPolk]

There *is* competiton in the .com/.org/.net domain registration business, after all.

Though, when I think about it, maybe it's not obvious. Some people haven't gotten the idea yet.

[rs.internic.net]

Whois Server Version 1.1

Domain names in the .com, .net, and .org domains can now be registered
with many different competing registrars. Go to http://www.internic.net
for detailed information.

Domain Name: SLASHDOT.ORG
Registrar: NETWORK SOLUTIONS, INC.
Whois Server: whois.networksolutions.com
Referral URL: www.networksolutions.com
Name Server: NS1.ANDOVER.NET
Name Server: NS2.ANDOVER.NET
Updated Date: 08-feb-2000

This is a good idea, however...

[SupahVee]

In practice, it will not work.

For instance, wouldnt it be nice if Network solutions could haul off and revoke all the stupid domain names that point to pr0n? (www.whitehouse.com springs to mind)

IF Network Solutions could be trusted to do the right, ethical and moral thing, this would also pretty much eliminate cybersquatting of the worst kind. But, as we have seen from NetSol's past reputation, they cannot be trusted to do anything resembling ethical behavior. (can you say "Sure, everyone can be a registrar, but we still own the master DB, and will enforce this when we please)

This poicy will be abused, not if, but when, and I truly feel sympathy for this little guy out there on the web who might be trying to make some money for him/herself and gets stepped on by big bad NetSol.

Joker.com

[Pope]

For all the domains I own or have bought for friends without credit cards (g) I went through Joker.com.
Fast, friendly, efficent. Gotta love it!

Pope

Freedom is Slavery! Ignorance is Strength! Monopolies offer Choice!

Comparing different registrars

[doctorwes]

This page summarizes the legal rights offered by the different registrars. As you can see, the problem with Network Solutions has been known for some time.

thanks! you guys are great NSI

[EraseMe]

Thanks NSI! I can't tell you how much fun I had dealing with your ongoing garbage for the past 3 years! And to think my company has registered over 1000 domains with you guys for our customers over the past 5 years!

In using Tucows OpenSRS we have had extreme reliability, durability, speed, and low prices. Any ISP who hasn't implemented this service yet doesn't know what they are missing... Only $10/year per domain.

And for all you end users out there, don't miss out Domain Monger, who implement OpenSRS, and only charge $17/year.

NSI... How are you still a company?

EraseMe

Re:thanks! you guys are great NSI

[DrDre]

In using Tucows OpenSRS we have had extreme reliability, durability, speed, and low prices.

Are you joking? Do you really think their terms are better than NetSol? I'd re-read your Registration Agreement. If you would look at the OpenSRS agreement, you would see that it's pretty much exactly like the NetSol's Registration Agreement. From the OpenSRS Registration Agreement (in its Appendix A):

15. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserver your domain name or register for other Services, or subsequently to modifiy it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.

To add further insult, read Section 4:

4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement,that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such change or revision will be binding and effective immediately on posting of the revised Agremeent or change to the service(s) on our web site . . . . You agree to review our web site, including the Agreement, periodically to be aware of any such revisions.

This is enough to make me wretch. You still think OpenSRS is cool? I feel nothing but disgust.

Similarly, Secura GmBH, which is given a 5-star rating by the DomainNameBuyersGuide for its legal agreement, has the following provision in its Registration Agreement:

An SLD holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the SLD holder's registration can constitute a material breach of the SLD holder-registrar contract and be a basis for cancellation of the SLD registration.

I think NOT!

[msaulters]

I am apalled that NSI would make this major a change without notifying the customers. The idea that a domain name is 'just like a phone number' is ludicrous! The court demonstrates a real deficit of knowledge about how the domain system works by finding that the name is a product of contract for services. Just the very OPPOSITE is true. The domain name itself can be registered with any registrar, and the services are contracted to support the use of that name. Under this new policy, you'd better hope you haven't already renewed. Here's a scenario:

1) Domain owner of extremely popular domain name X decides to switch to a different registrar and informs NSI
2) NSI pulls the domain name X from the owner, but maintaining it within their database, since it now belongs to NSI
3) Domain owner must choose a different name when switching registrars, because NSI wants to sell domain name X to the highest bidder.

I don't doubt they're miffed by a) losing their monopoly, b) the fact that other registrars, like the owner of the .tv domain are auctioning domains for $1000 a pop. I will absolutely move to another registrar BEFORE I renew at NSI, lest I, too, tacitly agree to give away my company's property, which my company owned well BEFORE NSI took over the registry business. It's bad enough we have to change IP's when we change ISP's, but now we have to change domain names along with our registrars? Can they possibly get away with this for long?

update: not until re-registration

[griffjon]

From the article:
Domain name holders who registered their names under older contracts become bound to
the new conditions automatically when they renew their names with NSI for another one-year term.

And from there on out, all NSI changes in policy are automatic and don't even require notice of the contractees.

Who Owns it Before it's Registered?

[ZikZak]

This implies (to me, at least) that NSI "owns" all unregistered names, too. If they "own" the domain then they must have owned it before, too, right? I certainly wouldn't create a name myself and then promptly give it to someone else for the privledge of being listed in a routing table. If you follow the logic then NSI also "owns" all domains registered through other registrars. At least according to them.

How exactly does this work? The only way I can see it (possibly) holding up legally is if when you agree to their terms of service you do indeed give them those rights, and I really don't think those sorts of rights are assignable.

Somebody explain this, as it makes no sense to me.

For their own good?

[31switch]

Right now I'm in a very weird situation. I've registered my lastname.com. Then this small company in US (I'm in Canada) have emailed me saying that it should be theirs. Of course I replied saying no way. I also don't want to ask for $$, because I'm afraid they can use that against me later. The only thing that worries me is that NS and this company are both in the US, so can they go straight to each other and transfer it? Would I then have to pay my own legal fees and go down the border to haggle for it? Shouldn't have picked NS dammit, but if I didn't I'm might have been too late!

Re:For their own good?

[matthewp]

Network Solutions and all other registrars follow a uniform Dispute Policy. This is incorporated by reference into the NSI service agreement. Under that policy, you can only lose your domain if

• your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
• you have no rights or legitimate interests in respect of the domain name; and
• your domain name has been registered and is being used in bad faith.

(emphasis added). That's a lot of ands. The company could, of course, take a more traditional route and seek a court order against either you or NSI. The fact that they and NSI are based in the same country might make this easier, but they'd still have to have a case against your use of the name.

Bringing this all back on topic, it seems that NSI are claiming a much broader right to terminate registration services. Whilst they have a clearly defined dispute policy, it's not at all clear what they'd consider an 'improper use'. Have any domains been terminated yet under this clause? The case referred to in the story addresses the issue of whether a domain is property or a service, but from the dates seems to have arisen from an earlier registration agreement without this clause.

NSI is VERY slow RE: emails about their spam

[TheGratefulNet]

I keep getting spammed from NSI. I did NOT ask for their marketing email and they claim that [paraphrasing] 'unauthorized use of the WHOIS db is prohibited'.

yet it appears that they can use their own info on their customers and send out 'the internet newsletter' (or whatever the hell they called it) at will.

when I asked them to remove me from their spam list, it took almost a month to have my name removed from their marketing distribution.

so keep it up, NSI; you'll lose subscribers faster than win98 crashes, at this rate.

--

Look at their competition, though

[Greyfox]

I decided NSI was spam and tried to register a .com domain through one of their competitors. For two months I fought with them over getting my name servers set up as authoritative in the databases. Finally I got pissed off and filled in the NSI form for the .net form of the same domain name. Two days later, the .net was up. So I sent a really-nastygram to their competitor (And CCed the ICANN accreditor E-Mail address) telling them that they'd damn well better give me a refund and remove all my me-related information from their databases (At least they complied with that.)

As much as NSI sucks, at least they get the job done.

Re:NSI is like a phone company?

[Adam Heath]

This comparison should have been between an ip address and a phone number. You don't look up entries in a phone book by number, but by name, and you DO own your name.

Reason I got a domain was to have stable address!

[root]

I got tired of my ISP expiring the "legacy UNIX shell accounts" and having to change my email address and get everyone to update. My address is my identity. So I got my own domain name and host it on my own hardware. Now even if I move or switch ISPs. I just update my domain's DNS server addresses and keep my address. If NSI thinks they can yank domains for "any reason, at *their* sole discretion" then I want to transfer to another registrar. But there's no FAQ or info on how to do this. The registrars don't seem to like each other and without cooperation, domain transfers are impossible.

Re:Yeah, but how can I transfer an existing domain

[mattc]

http://www.dotster.com/Register/Transfer/

Other registrars have similar forms.

Re:Domains = Phone Numbers???

[imp]

Many court rulings have shown that people with 1-800 numbers *DO* own their telephone numbers.

Also, one should note that the lawyer has his metaphores mixed up. The real phone numbers of the internet are the IP addresses.

Not only that but...

[twjordan]

I screwed up ont he last one, oh well! It would appear that this text (From the service agreement itself):

19. REVOCATION. You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to register your domain name or register for other Network Solutions service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. You agree that we may terminate our service(s), including our domain name registration services, in the event that you use such service(s) for any improper purpose, as determined in our sole discretion. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration services in order to: (i) correct mistakes made by us or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate your services.

States that anyone who didn't use their real name, address, phone number, or email is subject to NSI revocking their "services." I seriously doubt that they could get away with say revoking, say, slashdot.org without due process of some sort (they may try, but /. would probably win if they sued).

Furthermore, contrary to the article, i see nothing about this affecting you once you renew...

So when will we get an Ask Slashdot about how to switch registrars safely?

I hope that text isn't a copyrighted "trade secret."

Re:Not only that but...

[/dev/trash]

This part scares me:

Furthermore, you agree that we may suspend, cancel or transfer your domain name registration services in order to: (i) correct mistakes made by us or he registry in registering your chosen domain name,

Does that mean if they "mistakenly" allow me to rgister WindowsME.com and M$ wants it back I lose it?

Ok, I'll sue NSI for trademark infringement then.

[X]

If NSI owns a domain name that *I* have a trademark for, they're in BIG trouble. Based on prior court cases it's established that it's trademark infringement to own a domain name which is the same/similar to a trademark. Oh, this is going to be fun.... ;-)

What If NSI Already Own's Our Domains?

[Seumas]

Okay, I've registered a couple domains a couple years ago... With NSI.

They claim they own the names now, right?

So if I try to transfer registration to a more legitimate registration service, they just say "nope, you can't do that -- we own it!".

What still confuses me is how they can say they own that domain? What if another domain name service had registered the domain for you instead of NSI? There is a serious logic-gap that I'm finding difficult to even explain here. Something akin to saying a phone company saying "every time someone makes a phone call, we own the rights to the conversation that took place on it" or a copy-shop saying "if you use our photocopiers to make copies of any material, we assume ownership to that material automatically!", regardless of the real author or originator of the material you're photocopying.

I don't think that I made very much sense there. Apologies. But it's difficult to explain something that is so absurd.
---
icq:2057699
seumas.com

Also: Domains that predate NSI spinout.

[Ungrounded Lightning]

I have a domain that predates NSI's spinout as a for-profit registry. I wonder if my status is different from that of those who registered afterward?

Re:the good old days

[Genom]

That was back when the courts had a silly little thing called "sanity".

Nowadays, the judges are more concerned with who's lining their pockets. The laywers are concerned about how long they can draw out the case (to get more legal fees to line their pockets), and the corporations (who have enough money to line many pockets) are stepping up to the plate and *buying* the laws they want.

It's enough to make people want to move to another country where *people* matter more than *business* -- but since most countries follow the lead of the "free" US ("free" for business -- nothing's free for the average citizen) when it comes to business-related laws, I doubt there's any place sane to move to.

Haven't they terraformed Mars yet? AARGH! I want off this rock.

Domainmonger.com

[sinnergy]

Not the cheapest, but certainly one of the best registrars out there.

From where does this authority derive?

[Effugas]

Excuse me?

I seem to remember Network Solutions receiving the rights to *distribute* names, not *wholesale ownership of those names*.

What's $80 a year today may become 10% of Gross Profit tommorow. "Sorry, we found somebody willing to pay more for your business's identity. Too bad you don't particularly own that identity..."

This is a land grab; a damn subtle one, but a land grab nonetheless. NSI received the right to distribute names. By claiming ownership, they're assuming a far more valuable, centralized, and corruptable position--one which they have no right to assume.

Yours Truly,

Dan Kaminsky
DoxPara Research
http://www.doxpara.com

Changing registrars is EASY - I did it!

[kindbud]

With Register.com, all it took was to open a service request ticket on their website to start the process. It takes day or so after they verify your identity (the usual notarized letter and photocopy of identification) to complete the change. If you already have a domain at Register.com, it's even easier, because they already know who you are. Your domain will continue to operate while the transfer takes place. The NS listed by the roots do not get changed - in fact, this is part of the process. Until your new Registrar becomes the new registrar, they can't change anything else about your domain. Each registrar has access to the SRS using software supplied by NSOL. Each registrar has rights to make changes to the registrar fields in the SRS database. Their accreditation with ICANN is their pledge not to change anything without authorization, though technically, they have the capability to transfer any domain at any time.

All a Registrar transfer is, is changing a couple fields in the SRS. That's it. Your NS are not changed during the process. The roots continue to hand out the referrals. There are in fact, only a few pieces of information in SRS: the domain name, the registrar's name, the registrar's whois server domain name, the registrar's web site URL, and the nameservers. Only the fields having to do with the registrar are changed during a transfer. The roots continue to delegate to the NS listed in the SRS, because those fields are not changed.

THERE IS NOTHING TO FEAR

(though some registrars charge a new registration fee to do the transfer - small price to pay, especially if your domain is nearing renewal time anyway)

phone numbers are like IP addresses

[TheGratefulNet]

its true that I don't own my telephone number. but I do own my own name.

in IP, personal names equate to dns host/domain names; and phone numbers are like the IP addresses. my telco or isp can change my phone/IP all they want, but I still have full control over my own name. and I control which name gets mapped to the phone/IP they assign me.

and NSI will learn this, I'm sure. this proposal of theirs just won't stand.

--