answered question
1
Vote
Vote
4
Answers
Answers
M$1.00
How are domain names dealt with when the owner dies? Is it common to mention domain names in a will?
Do the registrars have a standard protocol for dealing with domain names of the recently deceased
|
Report
answers (4)
Assignment of rights is not the same as transfer of ownership, though. Assignment of rights means that nobody but the owner of the domain can assert their rights granted to them by the ownership of the domain. If the owner wants to allow someone to act in their stead regarding the domain, to make it legal they would have to transfer the domain.
Domain names are property, as it has been mentioned by another answerer, and can (and should) be treated as such. If the owner of the domain dies without officially passing the domain on to another, then it becomes part of the estate to be handled in probate. The receiver of the domain then has the responsibilities of domain ownership to correct and maintain contact information in order to keep their ownership valid.
If contact information is never updated, and a third party raises a dispute, the normal procedure (see the case of familyalbum.com) of taking over the domain can proceed. If it's never updated and never disputed, then the domain would enter public circulation again at its normal expiration time.
Domain names are property, as it has been mentioned by another answerer, and can (and should) be treated as such. If the owner of the domain dies without officially passing the domain on to another, then it becomes part of the estate to be handled in probate. The receiver of the domain then has the responsibilities of domain ownership to correct and maintain contact information in order to keep their ownership valid.
If contact information is never updated, and a third party raises a dispute, the normal procedure (see the case of familyalbum.com) of taking over the domain can proceed. If it's never updated and never disputed, then the domain would enter public circulation again at its normal expiration time.
I imagine that if the domain name is NOT listed in the will, and is not owned by a corporation, then it would remain the deceased property to be give to next of kin as any other property. In the event there is no next of kin, I would guess that it would remain the deceased property until the name expired.
The linked article below addresses the concept of a domain name as personal property, and what rights a user has by registering for a domain name. One of the first things they note is one of the many terms and conditions set forth by Network Solutions, Inc., the main registrar of Internet domains. It says the following:
23. NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
So essentially, at a very basic level, if a person who registered for a domain name dies, they CAN'T put it in their will because they don't have the rights to assign it.
The article goes on to discuss the domain name as 'property', and gets into the gray area of it all, including legal proceedings that have been brought forth over ownership of domains. I would suggest taking a look.
http://www.domainhandbook.com/property.html
23. NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
So essentially, at a very basic level, if a person who registered for a domain name dies, they CAN'T put it in their will because they don't have the rights to assign it.
The article goes on to discuss the domain name as 'property', and gets into the gray area of it all, including legal proceedings that have been brought forth over ownership of domains. I would suggest taking a look.
http://www.domainhandbook.com/property.html
Actually I have been pondering on the same issue for quite a while now. That and what happens to money that you have in your paypal account once you are deceased and you didn't leave an heir. In the event of paypal you didn't give someone your login details like passwords e.t.c.
Back to your question I have found some resources that purport to raise solutions to to this particular vexing question.You should probably have a look at the e-book, overview of internet domain law, by Richard J Greenstone.He has a whole chapter dedicated to trademark registration issues.The other links were pretty helpful to me too.
Back to your question I have found some resources that purport to raise solutions to to this particular vexing question.You should probably have a look at the e-book, overview of internet domain law, by Richard J Greenstone.He has a whole chapter dedicated to trademark registration issues.The other links were pretty helpful to me too.
source(s):
http://www.rjg.com/basf.html
http://www.rjg.com/basf.html#Trademark%20Registration%20Issues http://www.copyright.gov/help/faq/faq-protect.html http://www.bitlaw.com/internet/domain.html
http://www.rjg.com/basf.html
http://www.rjg.com/basf.html#Trademark%20Registration%20Issues http://www.copyright.gov/help/faq/faq-protect.html http://www.bitlaw.com/internet/domain.html
Related questions
140 characters left
ask any question
