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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: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Tue, 22 May 2007 21:11:22 -0700

Avri and all sgc members,

  Very good ?'s.  And strictly speaking the answer to all of your
?'s is yes.  However IMHO, a more realistic answer would be
no.

Avri Doria wrote:

> 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.
> >
> >
> >
> > ___________________________________
> >
> >

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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