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

[Jeff Williams <jwkckid1@ix.netcom.com>]

Richard and all,

  Thank you for re-adding the CC's although WXW is seemingly a bit
concerned of their presence.  One can only wonder as to why...

  In any event you are quite right, using the UDRP as WXW foolishly
suggests is not applicable here as this situation is a violation by the
Registry and some yet to be fully or documented registrars of their
contractual agreements.  Therefor it is incumbent upon the ICANN
Staff, and to a lesser extent the ICANN BoD to exercise with all due
haste their oversight responsibility.  Failure or delay in doing so will
only both send the wrong message to the other registrants, and the
Registry and registrars that seemingly are in violation.

Richard Henderson wrote:

> 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/
> >
> >

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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