WhoIs Records Do Not Constitute Ownership
Tuesday, November 4th, 2008WhoIs, the universal registry of domain name registrant information, does not represent evidence of domain ownership or legal rights, according to a federal court decision from 2007.
According to reports in Domain Name News and the Internet Library, the court declared that a change in a domain’s registrant information does not constitute legal change in ownership, because the WhoIs records are a privately maintained system and not a statute-based system of title.
The case involved the domain express.com, which was owned by Express Media Group, LLC. Apparently, the domain’s registration information was changed without the knowledge of Express Media Group, and subsequently, the defendant, Greg Ricks, bought the domain from the “new owner.”
The court ordered the domain returned to Express Media and held that Ricks was guilty of conversion, which in California is “the wrongful exercise of dominion over the property of another.”
It’s unclear in the various reports how the domain’s registration was changed, or whether the defendant in the case was involved in that change. The court’s decision states that the registration information was changed by “unknown persons, presumably cyber criminals,” and noted that the defendant contacted the “new owner” about purchasing the domain “very soon after the contact info on the registration was changed. ”
The domain was registered through Network Solutions. The registration agreement authorized Network Solutions to process account transactions initiated through the use of the user’s password, and cautioned that use of the service was at the registrant’s own risk