We invite all ICA Members, and those who are interested in joining, to the next ICA Member Event. This time @DNattorney along with @domainarts , @TLDadvisor and @stevanLieberman will explain the Domain Name Leasing Agreement and highlight some common issues #domainleasing pic.twitter.com/6VcRYzmkKz
— Internet Commerce (@ICADomains) May 6, 2021
Domain name leasing is a popular type of domain name transaction. A domain name lease can be a great source of ongoing revenue for a domain investor, but a fair amount of thought and discussion is necessary before finalizing the deal. When one party is using a domain name owned by another party, it is essential to have a solid legal agreement in place to protect both parties.
The Internet Commerce Association will be hosting a virtual panel on Wednesday, May 12, to discuss domain name leasing. Attorney Zak Muscovitch, attorney Jason Schaeffer, attorney Stevan Lieberman, and domain investor Nat Cohen will participate on the panel. There will also be a question and answer period for participants to ask panelists domain name lease-related questions.
Like other ICA-sponsored panels, this event is open to ICA members. I believe people who become members prior to the event will also be allowed to participate. ICA members will be sent a Zoom link prior to the event.
This is a good opportunity to learn more about the legal side of domain name leasing and to ask relevant questions.
Here’s the short answer:
Check out the Epik platform for leasing.
Use a licensed escrow company would be my advice.
Yes, a licensed escrow service is the way to do it. I have also used an attorney as well, which helps ensure the lease agreement and escrow agreement are completely aligned.
That being said, using a separate agreement is a necessity, in my opinion. The Escrow.com lease and lease to own agreements primarily protect the interests of Escrow.com. There are numerous issues that should be addressed in a separate lease agreement.
Elliot, I’m quite confident I could bet a lot that the following are probably true:
1. Like so many others, you do hold a bias against Rob M. and Epik.
2. You would never in a million years admit that, at least not publicly. You probably wouldn’t even behave that way if there were personal interaction with Rob himself, such as at some event.
3. Even if you didn’t have such a bias, or didn’t want to have a such a bias, you know that the peer pressure and peer related fallout would be far greater than anything you would ever want to deal with. I’m confident you know what is expected of you with regard to this.
And no I don’t claim certainty about that. However, I do have a track record of being right. None of us bats 1,000, but some of us bat a really high percentage of that.
This is certainly not the first time I surmised the above in your case, only the first time it has seemed necessary to say anything.
What difference does it make if Epik is “licensed” for that, since it clearly is anything but some fly-by-night operation, but is rather the total opposite? What benefit or necessity is there for such companies? Someone tell me, I’m all ears, honestly I really want to hear people’s best assertion and argument about that.
With that in mind, the following are also true:
1. I once served for a brief chapter of my life as a “fed,” I’m a former fed. And I don’t just mean “federal employee.” I’m sure I don’t need to explain that. Moreover, the type of fed I was is the kind that deals squarely with financial and money related matters. How many “domainers” can even say that? Probably somewhere from “0” to as close to “0” as it gets, yes?
2. Another chapter of my life involved working for a while in another level of government. For a sub-chapter during that time, one of the things I did was request and receive required “licenses” for big money government contractors doing some very important and sensitive work involving public health and safety.
And with that mind, the following issues and questions come to mind:
With a background like mine, why is it that I’m not the least bit concerned about Epik being “licensed”? Should I be? Why am I so confident about Epik for this, not to mention the already applicable laws of society including for commerce and contracting that apply? News flash too – when it was actually even part of my very job to request and receive “licenses” considered to be important, I will be perfectly frank with you: it appeared to be bull***t ultimately. All but pure theater, the phenomenon of “licenses.” Even more so now for domain escrow involving a well known company with a proven track record like Epik.
Now as far as your last paragraph about agreements goes, I trust you are aware that the Epik platform includes a nice *editable* agreement to use? It’s very nice. You can also add anything you like to it – any additional lawful term of any kind.
I once read an extremely detailed and informative article about the history of “licensing”. I wish I had bookmarked it. Anyhow, basically “licenses” are all about governmental control and theft – the criminally infiltrated governments stick their fingers into the pie and want their cut from your hard work. For things you have a human right to do without interference from anyone, they insert themselves and unlawfully grant themselves the power to prevent you from doing it, and take a fee for that “privilege” of them allowing you to! How sick is that!?!?!?
I don’t know how it works for you guys in the USA with your constitution, but over here in Australia this deception of “licensing” (and everything else) is done under maritime admiralty (statutory) law using a fictitious corporate entity fraudulently and deceptively registered upon your birth, YOUR NAME all caps (so that you are contracting with the insidious system as a corporate entity under contract law – this is the trickery they have foisted upon us). We have English common law, which grants us inalienable rights to anything so long as you cause no harm to your fellow humans. We are recording our live births under common law and are now existing as living men/women Your Name lower case. We are catching on and reverting back to this law which has been well hidden but it still the highest law of the land no matter how many statutory laws they want to unlawfully paper over the top of it. Common law assemblies are popping up all over the country. commonlaw. earth.
To hell with any licensing, I do what I want. I have seen video proof of people driving with no license and unregistered cars and standing up to police and asserting their rights. Assemblies are banning any coronahoax restrictions or any vax passports in their areas. We do not consent to contract with the statutory system and do not consent to licensing either. It is all 100% lawful – what the governments are doing is not – it’s fraud of a biblical proportion.
I know enough about Epik and Rob M to have trust in them, “licensed” or not.
Interesting… For the record, I do believe that *some* forms of licensing are good and justified in society and I’m not an ideological anarchist. But yes indeed, much of licensing may simply be a whole lot of b***s**t. Which brings us to escrow service. As far as escrow for the domain industry goes – not feeling it at all, and no one has ever said anything I’ve ever seen yet to persuade me otherwise, even partially. Very persuaded by the real value, quality, and excellence of the Epik service, however.
Case in point. Here’s a guy who should probably have his driver’s license suspended at a minimum, maybe even revoked at least for a time. The public has a legitimate interest in this type of “licensing,” and it is good and justified. Same goes for license plates. Anarchy and “anything goes” is not the answer either. Just came across this and it goes here perfectly.