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Volume 14, Issue 1 - Spring 2009
Of Process and Product: Kremen v. Cohen and the Consequences of Recognizing Property Rights in Domain Names
By
Noah M. Schottenstein
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In Kremen v. Cohen the Ninth Circuit recognized a property right in
domain names, defining property as any form of intangible benefit
that is distinct and excludable. This reasoning is flawed for three
reasons: (1) it is grounded in a faulty understanding of property
law; (2) it is over-inclusive, capturing a variety of things and
benefits that have been explicitly removed from the realm ... |
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