Stan Smith, an Alabama businessman, attempted to register
several domain names with Network Solutions in June. Although legal
ownership on each of those names had expired, Network Solutions
refused to delete them from its central WHOIS registry database,
denying Smith the opportunity to assume ownership of those names,
which he argues was his legal right.
According to the complaint, Network Solutions implemented a
unilateral policy of refusing to delete expired domain names from
the WHOIS database. Reports estimate that the number of expired
names withheld by Network Solutions, Inc. is between one and three
million.
“This case is about restraint of trade,” says Scott Powell, the
lawyer representing Mr Smith. “By refusing to release names that
should have been returned to the public domain, Network Solutions
has unlawfully attempted to maintain the monopoly power they no
longer have.”
Network Solutions is suspected of keeping the names with a view
to auctioning them at a later date. Earlier this year it notified
domain name owners who had failed to pay renewal or registration
fees that if they did not settle their accounts immediately it
would put their domain names up for auction. The reaction to this
announcement, with critics arguing that any expired names should
become publicly available, persuaded Network Solutions to shelve
its plans.
WHOIS is the standard label for a name-lookup, or registry
database, of more than 10 million names - including all .com, .net
and .org names - considered to be a generic utility for the
internet's administrative community. The database was developed by
Network Solutions, who until October 1998 held a
government-sanctioned monopoly for the registration of non-military
internet domain names. Law now requires that the WHOIS database
remain accessible to all name lookup services.
Powell says his firm has sought class action status for the
case.
