Re: Re[2]: [ga] Registrars Draft: Transfers

[Joanna Lane <jo-uk@rcn.com>]

Hello William,
on 9/20/01 10:41 PM, William X Walsh at william@userfriendly.com wrote:

> Thursday, Thursday, September 20, 2001, 1:44:07 PM, Joanna Lane wrote:
> 
>> Why does the Losing Registrar need to know whether the Domain is in a UDRP
>> situation, or more important, whether the Registered Name Holder is pending
>> bankrupcy? Surely, as long as the Losing Registrar's bills are paid, and the
>> Domain will still be subject to the same UDRP procedures whoever the gaining
>> Registrar may be, it's none of their business? It seems to me another reason
>> for delay, also an intrusion of privacy into a Registrant's personal
>> affairs. Anyway, how on earth can a Registrar check whether a foreign
>> national is subject to a pending bankrupcy?
> 
> These parts of the "rules" are not new, they are in the existing
> policies as well.  It provides for a reason why the losing registrar
> may deny a transfer, not that they are obligated to do so.
> 
> Remember, the UDRP provides that someone filing legal actin may do so
> in the jurisdiction of the registrar, so a change of registrars during
> a UDRP proceeding would change the entire dynamics of the process.
> (By the way, I strongly disagree with that provision of the UDRP).

I understand that, but it's no different from a business changing its
registered office while involved in legal proceedings, which can result in
change of jurisdiction, and where I come from, that's not illegal. UDRP is
under review and it may be better to reword this agreement to be less
specific, stating a requirement to be consistent with UDRP rules, whatever
they may be. (IANAL). A domain name is either in UDRP or it is not, and
fairly easily discernable, so although I do not agree with compounding UDRP
errors in this way, it is not something that the Losing Registrar can turn
to advantage at whim. That is not the case for the Bankrupcy clause. The
bankrupcy clause is onerous on the Registrant. I have yet to receive any
answer from the Regisrar community to my question: how can a Registrar check
whether a foreign national is subject to a pending bankrupcy? If one is
looking for an excuse to deny transfer, this is it, and I thought the whole
point of redoing these Registrar Agreements was to avoid exactly that.

Regards,
Joanna



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