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Record W2033825676 · doi:10.1093/jiplp/jpi019

Is a domain name property?

2005· article· en· W2033825676 on OpenAlexaboutno aff
Sheldon Burshtein

Bibliographic record

VenueJournal of Intellectual Property Law & Practice · 2005
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicIntellectual Property and Patents
Canadian institutionsnot available
Fundersnot available
KeywordsIntellectual propertyContext (archaeology)Tangible propertyAnalogyBusinessDomain (mathematical analysis)Property (philosophy)Domain nameIntangible propertyLaw and economicsLawComputer sciencePolitical scienceThe InternetHistoryEconomicsWorld Wide WebLinguisticsMathematics

Abstract

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Legal context. Domain names have become increasingly valuable assets, in some respects more valuable than trade marks. A domain name may identify not only the source of the goods, services, business or information, but also the virtual location of the source, much as an address or telephone number does. However, there is still a significant unresolved issue as to whether a domain name is a form of intangible property or merely a contractual right. Resolution of this issue is important for commercial transactions affecting domain names and for legal proceedings and remedies relating to them. Key points. Domain names have been analogized by courts to addresses, patents, trade marks, and even by one writer to cattle. However, in this author's view, the best way to characterize the legal status of a domain name is by analogy to a telephone number. Although United States appellate authority suggests that a domain name is a form of intangible intellectual property, it is submitted that the better, but not judicially clear or consistent, view is that a domain name is not property. This position reflects the practice in Canada where, in registering a .ca domain name, the registrant agrees, as a contractual condition of registration, that it acquires no property right in the domain name. Practical significance. The authorities in this area are still not clear. Until this issue is resolved, whether globally or on a country-by-country basis, the prevailing uncertainty will inhibit commercial transactions involving domains, such as their transfer and their value for the purposes of securitisation.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.009
metaresearch head score (Gemma)0.028
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.023
Threshold uncertainty score0.077

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0090.028
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0090.034
Scholarly communication0.0140.023
Open science0.0020.004
Research integrity0.0120.012
Insufficient payload (model declined to judge)0.0230.005

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.096
GPT teacher head0.263
Teacher spread0.167 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations10
Published2005
Admission routes1
Has abstractyes

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