Re: [ga] Request for immediate action to be taken against RegisterNamesHere .com

["Richard Henderson" <richardhenderson@ntlworld.com>]

Dear William, Jeff, Vint and all -

You say "Just invoke the RDRP". Do you seriously think that 2089 people are
going to challenge all those names? Of course they're not. You are
presumably referring to Appendix L of the agreement.

But it's not as simple as you suggest, because Neulevel and ICANN wrote a
"RESERVATION" into their Agreement, which permits them to supercede the
details you mention from Appendix L.
A "RESERVATION" means they RESERVE the right - in conflict with other parts
of the Agreement - to take certain defined actions: namely

Appendix F Exhibit E III : RESERVATION

III. Reservation

"Registry Operator RESERVES the right to deny, CANCEL or transfer ANY
registration that it deems necessary, in its discretion; (1) to protect the
integrity and stability of the registry; ... (4) for violations of this
Agreement and its Exhibits;"

Clearly the 2089 names placed up for sale are in violation of the Agreement.

Therefore Neulevel's contract RESERVES them the powers to CANCEL these
names.

The issue is DO THEY HAVE THE WILL AND INTEGRITY to do so?

Earlier today I once again e-mailed Jeff Neuman and requested he take
immediate action to delete these names.

Either Neulevel, the .biz Registry, intends to respect the interests of all
its other customers in such a flagrant breach of its Agreement, or it is
abandoning all rights to the credibility and integrity of its processes.

Perhaps Jeff would like to publicly elucidate, if he is trying to conduct
himself more openly and transparently than Afilias.

This is a matter of motives. It's a matter of Neulevel's integrity as a
Registry.

The first week, and a company brazenly overturns the rules 2089 times.

No-one's going to challenge all those names.

NEULEVEL MUST DELETE THEM, as they have reserved themselves the right to do.

What possible reason is there not to? The Agreement reserves him the right
to cancel registrations which violate the rules. Sure, in complex cases, it
makes commonsense to use RDRP etc. But this is NOT a complex case. It is
open and shut. The names were bought last week. And they're visibly up for
sale this week. VIOLATION.... delete!!!

What is the point of ICANN creating Agreements if the spirit and terms of
those agreements don't get implemented?

And what about the consumer? They have a right to use and develop those
names. That fair and unprejudiced distribution of domain names was one of
the things ICANN was set up to administer.

Kind regards

Richard Henderson
www.theInternetChallenge.com









----- Original Message -----
From: William X Walsh <william@wxsoft.info>
To: Richard Henderson <richardhenderson@ntlworld.com>
Cc: <ga@dnso.org>
Sent: Sunday, April 07, 2002 11:57 PM
Subject: Re: [ga] Request for immediate action to be taken against
RegisterNamesHere .com


>
> (Jeffrey Williams style CC lines removed, come on get that is just way
> too excessive)
>
> Sunday, Sunday, April 07, 2002, 12:30:59 PM, Richard Henderson wrote:
>
> > Dear Jeff and Vint
>
> > I am understandably dismayed to see that 2089 .biz 2B names are STILL up
for
> > sale at the site RegisterNamesHere.com
>
> > http://www.registernameshere.com/dotbiz2b.html
>
>
>
> > The rules for .biz clearly say that you may not buy these names simply
for
> > re-sale.
>
> My understanding is that action is taken if someone invokes the RDRP.
>
> If you feel you should invoke this policy, here is the information you
> need:
>
> http://www.neulevel.biz/ardp/docs/rdrp.html
>
>
> --
> Best regards,
> William X Walsh <william@wxsoft.info>
> --
> Save Internet Radio!
> CARP will kill Webcasting!
> http://www.saveinternetradio.org/
>
>

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