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Originally Posted by RawAlex
Nope, but let's say you are RENTING an apparently, and the landlord comes just as some guy selling drugs comes out of your kitchen. Guess what? He would certainly have a good case for kicking your ass out.
Everyone makes the mistake of thinking that domains are bought property... they are not. They are leaseholds.
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Renting is completely different and not compatible at all, for example you can not sell a rental contract but you can sell a domain name, you can't sell something that is not your property.
I know DN are not based in California, and I can't really bother lokking into laws regarding how things work in Atlanta or where ever they're based.
But the following sounds about right:
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There are several important lessons to be drawn from the sex.com case.
What must domain registrars now do?
Domain name registrars can no longer sit back and do nothing when there is a dispute over a domain registration, and certainly never simply transfer the domain to another without investigation of that person's legal right. A registrar faces liability for conversion of a property right in the domain name, under CA common law.
What is considered conversion under CA common law?
To establish conversion, a plaintiff must show "ownership or right to possession of property, wrongful disposition of the property right and damages." "Disposition" may involve the taking of the property, but also covers any actual interference with the ownership/property right, including destruction, alteration or transfer (as well as unauthorized use and refusal to return after demand).
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