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The Intersection of Law and Technology at the University of Virginia
Read our current issue: 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
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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