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
i am having some trouble understanding the implications of the
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?
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
(b) non-commercial activity means activities by natural persons
which do not fall within paragraph (2)(a) above.