I'll defer to the lawyers that domains are not property.
Don't get too carried away. The main point is that "tis property" or "taint property" is not a useful categorization. In fact, the entire "property" argument generally arises in a context devoid of practical consequences. This particular thread, involving inheritance and succession, is a rare exception.
When we talk about "property", we are talking about a bundle of rights, and not one thing. Whether you peel out a piece of that bundle and say "we are going to treat X as if it were property in this context" that doesn't make X "property" or "not property".
So... is a domain name "property" for the purpose of a conversion claim in the federal courts of the Ninth District? Yes. It is.
Is a domain name "property" for the purpose of a bankruptcy creditor's claim in the state of Virginia? No. It isn't.
The question here is whether a domain name is inheritable or descendible. The question is not whether a domain name is "property". The word only comes up because real and personal property is inheritable and descendible. (we use "inherit" and "descend" to distinguish between situations where there is or is not a will)
Can you lease it? Can you claim an easement in it? In what state is it located? Can your spouse claim it as a marital asset during your divorce? Where is your title document for it? If you have no heirs or successors, does the state get it? Can the state or the federal government claim it for public use under eminent domain?
I kid you not. There is an attorney for whom I have a great deal of respect who maintains, passionately, that if you don't renew your domain name, then it should become the property of the state where you live, just like any other abandoned property. On that point, I believe he's a complete loon. But he's otherwise a very bright and capable guy.
I know another lawyer who passionately maintains that domain names are "speech" subject to the First Amendment.
I believe the entire argument is pretty much a distraction, such as whether light consists of a wave phenomenon or a particle phenomenon. Determining whether any new thing fits into a pre-existing box is something of a waste of time, since many things are simply
sui generis. As noted in, for example, the Tao Te Ching, Chapter 1 "The unnamable is the eternally real. Naming is the origin of all particular things."
The entire illusion of a universe of "different things" apart from the One originates in the naming of things. Any "thing" which is my property, does not possess a measureable or discernible characteristic which makes it "mine". It is only "mine" to the extent that I believe it is mine and you agree with me, but it is not inherent in the thing to be "mine", "yours", or anyone else's. The thing exists and does not know that it is owned.
(anything I post can be copied elsewhere, as far as I am concerned - I do not know whether there are any relevant terms of use of the forum, however)
To be registered, a registrant must agree to a set of terms and conditions that define a set of legal rights that the domain holder acquires through registration. The registration is subject to limits on use, payment, term, maintenance of accurate contact information and other factors. Without the Services Agreement, the domain name does not exist.
Compare and contrast to a "lease" - which is a property interest defined by a set of contractual terms.
:spider: