Domain name rights

Started by krock, Aug 14, 2022, 03:30 AM

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krockTopic starter

Hello.
Please share your experience if anybody knows, that as a search on the network did not return results. The problem is the following. Having worked for 3 years after graduation as a programmer, I was invited to another organization to pilot the IT department. The former boss has some scores of his own with the management (not particularly interesting to me), but.

The fact is that he registered the domain of the organization for himself (for an individual) and hosting too, but for the website itself and hosting, by and large ... the problem is how to re-register a domain for an organization without the consent of the owner? is this at all possible?
Maybe you need to write a letter to the office. form signed by the rector, or with the rector to the registrar at worst to go??? In general, are there any ways out, or it remains only to ask the previous boss to sell the domain...
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justinthomsony

Everything is easier. He clearly has the rights to the domain name and hosting - the website does not belong to him. Who owns the site is an interesting question. Here would be to dig into the history of the creation of the site.

I would make a new website - or at least a complete copy of the existing one - on a new domain and on a new hosting, and on the old one I would correctly register redirects. After the search engines transfer the weight and positions to the new site on the new domain, the old one would simply be deleted and that's it. And let him chew his domain even to a ripe old age on weekends)

But first, ask affectionately - maybe, since he doesn't care, he will simply give it back.
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proofread

The situation is subject to controversy.
You can challenge the rights through the registrar, then, if the registrar does not help, through the courts. It will be a plus if the domain matches the registered trademark. I think the court will equate the name of the educational institution with a trademark, in case it is not registered.

If the educational institution is public, then the court is almost certainly winning for the educational institution. Judges have an order to always take the side of state institutions. I do not think that the former programmer has enough garters in the authorities to influence the judges.
On the other hand, all this is a headache and a lot of funds, our courts are paid. The only simple thing is to send an official letter to the domain registrar. Most likely the registrar will take your side.

But the main thing here is all the same conscience. Find a connection and talk to the previous programmer yourself. Speak on your behalf in a human way. It may turn out that after the conversation you yourself will take his side. Or he will give everything to you himself, to you or to the educational institution in general, I think he has no pretensions.
And remember, it is almost certain, given your situation, that you will end up in his position as the resentful specialist. This is a simple pattern of human relations, if the boss is scandalous, then sooner or later he will quarrel with you. Do to others what you want for yourself.
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amitkedia

Despite the abundance of subjects of legal regulation in the field of domain names, the real rights to these names belong only to their owners (right holders derived from them) and users. Other entities also have certain rights, but their rights are not intellectual property rights. The rights of administrators and registrars are of a technical nature and are related to the implementation of their registration and management functions, but simultaneously they do not acquire any legal opportunities to use domain names at their own discretion and to their own benefit, but only provide other persons with the opportunity to participate in intellectual and legal relations about them.

The most important figure in such relations is the primary right holder - the owner of the domain name. It is he who owns the largest amount of rights, since he is either the creator of the domain name or its recipient, and depending on the method of acquiring rights to the domain name, the legal possibilities of the owner are determined.

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