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Re: [gnso-reg-sgc] Commercial vs. Non-commercial

  • To: gnso-reg-sgc@xxxxxxxxx
  • Subject: Re: [gnso-reg-sgc] Commercial vs. Non-commercial
  • From: Avri Doria <avri@xxxxxxx>
  • Date: Tue, 22 May 2007 07:59:20 +0200

hi,

i am having some trouble understanding the implications of the decision procedure.
A couple of test questions that might help me;


- would the person advertising a local garage sale be commercial?
- would a person advertising an online 'garage sale' be commercial?
- would a person putting their resume on line saying they were looking for work be commercial?
- does engaging in ebay make you commercial?
- does raising funds for a charity on line make one commercial?
- if someone keeps the records for the local futbol team, their wine society, or the local theatre group, are they commercial?


a.



On 21 maj 2007, at 18.56, Christopher Gibson wrote:

_____________________________________


Commercial vs. Non-Commercial Activity



For purposes of considering issues related to access to, and disclosure of, WHOIS data:



(1) Step One – the registered name holder is a:



(a) legal person (e.g., companies, businesses, partnerships, non- profit entities, etc.,), or



(b) natural person.



(We assume the distinction between legal vs. natural persons would apply, so that the commercial vs. non-commercial distinction needs to be considered only in relation to natural persons).



(2) Step Two



(a) commercial activity means only those activities carried out by natural persons which involve:



(i) the offer or sale of goods or services;



(ii) the solicitation or collection of money or payments-in-kind for goods or services;



(iii) marketing activities including advertising or sale of advertising (e.g., these categories would include websites containing paid hypertext links);



(iv) all activities carried out by natural persons on behalf of legal persons; or



(v) the collection, holding or processing of personal data (or instructing another legal or natural person to collect, hold, process, use, transfer or disclose such data), except in the exercise of activities which relate exclusively to personal, family, domestic or household affairs, such as correspondence or the holding of address books containing family, friends and professional contacts.



(b) non-commercial activity means activities by natural persons which do not fall within paragraph (2)(a) above.



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