What is a web domain and how does it work legally?
A web domain is an address that identifies a website on the Internet in an exclusive and rival manner.
Exclusivity means that only the domain holder can use it.
And rivalry means that the web domain can only be used by one site at a time.
That is, it cannot take us to two different sites at the same time.
The web domain works similarly to private property in terms of these two concepts: exclusivity and rivalry.
But in reality, what one has is a contractual right of exclusive use over an identifier within the DNS system.
It is a unique identifier within the domain name system (Domain Name System) whose exclusive use is granted to a holder through a contract with a registrar entity.
Featured image: Josh Sorenson
TL:DR – .com Summary
- Web domains are a way to simplify how we navigate the Internet by assigning common names to IP addresses.
- They are stored in the DNS, which is the system where all domains are registered under their respective extension. It is a mostly decentralized and private system.
- There are two main actors: the registry and the registrar. The former manages domain databases within a given extension (.com, .org, .net), and the latter acts as an intermediary with the user so they can register them.
- There is state regulation in TLDs (Top Level Domains) related to professions, services, or countries.
- Web domain names do not create trademark rights or any other form of intellectual property.
Why do web domains exist?
The web domain is a way to simplify the linguistic barrier between human language and binary language, which is what machines use.
Machines only understand zeros and ones, which are then represented as an IP address.
This IP address is the identifier of websites within cyberspace.
Something like the «ID number» of websites.
So, since these addresses are sequences of numbers that are difficult to remember, web domains exist for that reason.
Because they are easier to memorize.
This is explained in more detail in this video from the Contando Bits channel, which was very helpful for this article.
The Domain Name System: where web domains come from
The DNS is a system of servers that stores the mapping between IP addresses and web domains.
When a contract is entered into with a company that registers domains in these DNS servers, that combination is assigned and it becomes possible to search for and find websites through domains.
Here two main actors come into play that manage these accesses.
- Registry: A company responsible for managing a database for a specific domain extension and the websites hosted under it, for example the .com extension and all .com websites. For example: Verisign.
- Registrar: A company that acts as an intermediary between the registry and the user by offering the registration of a specific domain in the DNS for sale. For example: GoDaddy.
These are English words: registry means registro and registrar means registrador.
It can be confused with the Spanish verb registrar, which in English would be register.
Decentralized system: why it does not work like government registry offices
The DNS is not a system that is centrally coordinated in terms of its operation.
This means there is no single entity responsible for everything that happens in the DNS, nor one that owns all the servers that make it up.
It is also not a system created by a government office or ministry.
They are computer networks distributed around the world by private providers.
Registries and registrars are private companies.
The technical infrastructure (servers, management, contracts) is operated almost entirely by private entities.
That said, there is a central body that coordinates technical and contractual policies of the DNS system at a global level: a private nonprofit corporation called ICANN (International Corporation for Assigned Names and Numbers).
It is important to mention that ICANN issues policies that are binding for domain operators.
There are also regulated TLDs, such as country domains (.cr, .ar, .br) or specific sectors (.bank, .health, .casino) where there is greater state intervention or special regulation.
However, the system is primarily private and decentralized in its operational and technical functioning.
The two main contracts governing web domains
These contracts are atypical, meaning they are not specifically regulated by law and are usually adhesion contracts.
Registry-Registrar contract
This is the agreement entered into by the registrar with the registry to obtain the authority to register web domains within a specific domain extension.
The registry is the designated operator of the authoritative database for that extension.
As well as the party responsible for the cybersecurity of these elements that form part of the DNS.
So, it undertakes to provide space within this system to the registrar in exchange for an accreditation fee.
This is what allows the registrar to offer its services to users.
It undertakes to comply with the technical rules of the DNS and respect the policies of the registry and ICANN.
Registrar-User contract
This is the one that most of us have access to as users of the service.
The user pays an amount to the registrar in exchange for registering a web domain in the DNS and obtaining the right to use it.
This amount is paid periodically to renew the right of use of the domain in order to continue linking it to a website.
Among several interesting aspects of this contract is that domain name registrations are not equivalent to trademark registration.
To obtain a registered trademark in Costa Rica, it must be processed through a different procedure before the Intellectual Property Registry.
Hostinger: A practical and efficient low-cost registrar
In practice, there are registrar companies that offer the domain for free within a package that combines website hosting (to have the website) and a business email with the site’s name.
One of these companies is Hostinger, which offers these discounted packages as part of its referral program.
With this link, you will receive a 20% discount when purchasing this package and you will be able to start your digital venture or web project for less money than with other providers or registrars.
This paragraph is part of Hostinger’s referral program.
Why is it important to know how they work legally?
It is important for artists, authors, and entrepreneurs, since this is a contract that is entered into every day on the Internet.
Very likely, at some point in their careers they will need to do it.
Just like virtually all those that have their own domain such as .com, .net, and similar.
And in essence, this is also a matter of IT law.
A topic that is also related to everything we discuss here.
Although domains are not intellectual property in the strict sense, they are part of IT and contract law, an increasingly relevant field in our context.
