A gTLD right? Conceptual challenges in the expanding internet domain namespace
T. Mahler · International Journal of Law and Information Technology · 2014
Many new generic top-level domains (gTLDs) are currently being added to the internet’s domain name system. It is, therefore, important to ask how we should conceptualize the legal aspects of this expansion. This article focuses on the legal position acquired by a successful applicant for a new gTLD. It examines several possible concepts and proposes a ‘gTLD right’ as a potential new addition to our conceptual framework. This is intended to denote the contractually based bundle of rights in a gTLD string. The proposal is based on the finding that several other relevant concepts do not adequately describe the legal position of a successful gTLD applicant. In particular, it is difficult to claim that the applicant acquires a property right in the gTLD string. Moreover, while it is technically adequate to say that the gTLD is ‘delegated into the internet root’, the legal concept of ‘delegation’ does not adequately capture the contractual foundation of this bundle of rights.