Re: [ga] Re: ICANN & transfers

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

Vint and all assembly members,

  Great non-answer.  Another of many BTW as you of course know.
Warming up for court on the fraud problems with Worldcom perhaps?
Well in any event, perhaps someone else should look into these
questions of danny's and have a full and complete answer.

vint cerf wrote:

> Danny,
>
> neither of us is a lawyer but the general question of registrants and
> transfers seems to rise to visibility regularly. I'm looking into the
> question.
>
> vint
>
> At 09:32 PM 7/29/2002 -0400, DannyYounger@cs.com wrote:
> >Vint,
> >
> >In Bucharest the Board resolved [02.71] to adopt Reconsideration Decision
> >02-2 which basically stated that, "Because the "registrar requirements"
> >regarding transfers are not included in any contract enforceable by ICANN, it
> >is not appropriate that ICANN attempt to enforce them".
> >
> >While ICANN is not a signatory to the registry-registrar agreements (in which
> >transfers are governed by the language of an Exhibit therein), those specific
> >agreements are, in fact, appendices that are referenced within the primary
> >ICANN-registry agreements to which indeed ICANN is a signatory -- there is
> >"linkage", and there is also language that states:  "Entire Agreement. This
> >Agreement (including its appendices, which form a part of it) constitutes the
> >entire agreement of the parties..."
> >
> >Obviously I am not a lawyer, but I would think that based on such linkage,
> >ICANN does have an implied role in the enforcement of such provisions.  May I
> >ask what your view is on this matter?  Registrants clearly have an interest
> >in this transfers issue, and probably would want some assurances that someone
> >is acting to protect their best interests... is that someone ICANN, or should
> >they be turning elsewhere?  Is it part of ICANN's mission to afford such
> >protections?
>
> --
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 124k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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