Can Domain Name Owner be held liable for Website Content?

[directforsale]

What is the name of your state? MA

Hi, if I were to rent out my domain to another person by pointing my domain name to their website while still maintaining ownership of the domain, could I be held liable for what the person does on their website?

Common sense tells me that I couldn't be held liable, because a domain name is "just the messenger", and that only the owner of the actual site (ie. the pages that reside on the server), could be held liable.

Am I wrong?

Thanks.

 

[HomeGuru]

What is the name of your state? MA

Hi, if I were to rent out my domain to another person by pointing my domain name to their website while still maintaining ownership of the domain, could I be held liable for what the person does on their website?

Common sense tells me that I couldn't be held liable, because a domain name is "just the messenger", and that only the owner of the actual site (ie. the pages that reside on the server), could be held liable.

Am I wrong?

Thanks.

**A: yes, you could indeed be held liable for illegal activities etc.

 

[directforsale]

Please elaborate as this seems counter-intuitive.

Why should I be held liable for something the owner of the site may be doing wrong?

Thanks.

 

[HomeGuru]

Please elaborate as this seems counter-intuitive.

Why should I be held liable for something the owner of the site may be doing wrong?

Thanks.

**A: I could cite 50 pages of state and federal law and internet case laws but do not have time to deal with your general and generic issues.
If you are in business, or goign to be, consult an attorney.

 

[davezan]

Many parties go after registrants because of how the domain names are used.
They could care less what went on behind the scenes as long as it tramples on
someone else's rights.

 

[directforsale]

HomeGuru, you should reconsider your place in a free advice forum. Your patronizing tone and condescending attitude defeats the purpose of this forum...unless, of course, the real purpose of this forum is to drive consumers to "consult an attorney" for hefty fees.

I'll give you another chance to elaborate on your answer and please feel free to link to the "numerous" case laws you mentioned so I can study it myself.

Thank you.

 

[HomeGuru]

HomeGuru, you should reconsider your place in a free advice forum. Your patronizing tone and condescending attitude defeats the purpose of this forum...unless, of course, the real purpose of this forum is to drive consumers to "consult an attorney" for hefty fees.

I'll give you another chance to elaborate on your answer and please feel free to link to the "numerous" case laws you mentioned so I can study it myself.

Thank you.

**A: I am not falling for your tricks. Good luck in cyberland.

 

[directforsale]

HomeGuru, It wasn't a trick, it was merely stating the obvious: you're not helpful. Please don't bother answering any more of my posts, go pretend to help someone else.

As for anyone else kind of enough to help me with my query, if you could please redirect me to a site where I can study for myself the liability a domain name owner has over the website it points to.

Thanks a bunch!

 

[You Are Guilty]

As for anyone else kind of enough to help me with my query, if you could please redirect me to a site where I can study for myself the liability a domain name owner has over the website it points to.

Thanks a bunch!

Here's one of the most popular ones.

 

[directforsale]

Didn't help, I already tried that. That's why I'm asking here.

Anyone else?

 

[ENASNI]

Didn't help, I already tried that. That's why I'm asking here.

Anyone else?

[URL="http://www.metacrawler.com/"]Maybe this one?[/URL]

 

[You Are Guilty]

Didn't help, I already tried that. That's why I'm asking here.

Anyone else?

Are you sure?
By my count, two of the first four responses seem to answer your question.

 

[directforsale]

They answered the question without providing any supporting material. I doubt the answer is so black and white and I would like to study it further.

I clicked on your link, and NONE of the Google search results in the first 3 pages answered whether a domain name owner could be held liable for a websites content.

For a question whose answers is supposedly supported by "50 pages of state and federal law and internet case laws", you guys are having an incredibly difficult time providing any supporting links.

One good thing that came out of those search results, which I'm sure many here could find useful, is: http://www.internetcases.com. Definitely worth a read.

If anyone could provide at least 1 site where I could read up on the liability a domain name owner is exposed to with regards to the website they link to, I would very much appreciate it.

Thanks!

 

[directforsale]

Here's the way I see it: If a domain name owner can be held liable for the content to which it points to, then, following that same line of reasoning, any website that LINKS to that site, would also be liable. Of course, no one can be held liable for linking to another page, therefore, I conclude that a domain name owner cannot be held liable for the contents of the website it points to.

After all...a domain name, just like a link, only points you in the right direction, nothing more, nothing less.

 

[davezan]

Here's the way I see it: If a domain name owner can be held liable for the content to which it points to, then, following that same line of reasoning, any website that LINKS to that site, would also be liable. Of course, no one can be held liable for linking to another page, therefore, I conclude that a domain name owner cannot be held liable for the contents of the website it points to.

After all...a domain name, just like a link, only points you in the right direction, nothing more, nothing less.

Is this what you mean, then?

1. You're the listed registered owner of YourDomainName.com.

2. It forwards to a site illegally giving away mp3s for free.

3. An aggrieved party looks up the domain name's WHOIS record and sees you
are listed as the owner.

4. If they knock on your door, you tell them you're only pointing your domain
name to the other party's free mp3 site and have nothing to do with it.

You don't seriously believe they'll believe you and go after the other party, do
you?

As far as they can see, your domain name pulled up that site and violated all
applicable laws. And as the registrant, you are responsible for how the domain
name is being used.

Granted, it's really a case to case basis. It depends on any and all data that
has been gathered in the course of an investigation of/or dispute.

On the side, I've been in the domain name business long enough to see these
kinds of disputes occur. One side believes this, the other believes that.

And believe me, it ain't pretty, especially once decided in Court.

If what I said above happens to you, don't expect to go away scot unscathed.
Someone's gotta take the blame, after all.