Updated: May 14, 2012 (Initial publication: May 14, 2012)
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Work release : Le droit des noms de domaine (English translation : The domain names Law)
http://www.thejournalofregulation.com/spip.php?article1446
Domain names are subject to autoregulation. They are shaped by private contractual standards. This very broad and specific work gives all the rules and compares the legal systems. It includes numerous useful appendices, eg the relationship between ICANN and the registries of national top level domain names. The book also provides bibliographic information.
Complete reference : MANARA, Cédric, Le droit des noms de domaine, preface of BENABOU, Valérie-Laure, coll. "Institut de recherche en propriété intellectuelle", LexisNexis, Paris, 2012, 382 p.
Domain names are the product of a private technical system, wich sructure and operation depend on different players who create norms, most of them contractual, wich in turn impact the creation and use of such names. Domain names are registrated, and used to various purposes and by very differents persons. This work aims at understanding the legal nature and (top or second levels) domain names, through the identification and analysis of the multiple superimposed sources involved.
Together, these mostly privaty sources create the legal framework of domain names registration and use(by their holders, by interme, or third parties), and inherent constaints. As the wide range of potential detinations and funtions of domain names within a transnational space (i.e. the Internet) entails the application of multiple different laws deriving from fragmented legal systems, the author suggests unifying the domain names legal regime through commlaw.
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