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[ga] ICANNWatch comments on failure of ICANN and Afilias to uphold Agreements


Title: Help
 
 
A Peaceful New Year to all of you (and the families, women and children of Iraq)
 
With the Jeff Field court case looming, some further demonstration of the way consumers lost out because of ICANN-Registry Agreements, the abuse of those agreements, the misuse of those agreements, and the failure to properly implement and uphold those agreements, can be found at this page at ICANNWatch
 
http://icannwatch.com/comments.php?op=showreply&tid=10456&sid=1059&pid=10453&mode=thread&order=0&thold=0#10456
 
Elsewhere further up the same ICANNWatch threads you can re-visit the now familiar details of the Lubsen - DomainBank - Lorenz case, involving the abuse of the .info process by DomainBank, who charged IRO $15000 to submit 93 names which were ineligible and not allowed to be submitted according to the Registry rules, because there was zero data in each of the 4 mandatory Trademark fields. Hal Lubsen, though long-term involved with DomainBank, was at that time CEO of Afilias, but Afilias waived the Registry rules and went ahead and registered the names for DomainBank. When Lorenz, the hapless registrant was told that his names were wholly ineligible, he requested both DomainBank and Afilias that the names should be deleted at once, which would have enabled the names to be made available to Landrush customers, but this request was refused. Afilias should not have registered these names (they broke the conditions for submission). Afilias had the power to cancel these names when requested. They declined. Afilias through various Directors had already participated in the abuse of the process anyway. The close association of Hal Lubsen with both Afilias and DomainBank is particularly unpalatable to people who lost money because of these abuses of process. Although repeatedly challenged on these matters, Hal Lubsen has never responded in defence of what happened. Hal Lubsen has never explained why the wholly ineligible names were submitted in the first place. Hal Lubsen has never explained why Afilias went ahead and registered these names anyway. Hal Lubsen has never explained why these names were not deleted (as requested) in time to honour landrush pre-registrants for those names. Hal Lubsen has never explained why, after these applications were shown to be ineligible, and it had been strongly argued that DomainBank had in actual fact charged Lorenz IRO $15000 for a product they knew the Agreement did not permit, they then proceeded to demand completion of payment from Lorenz, threatening legal action, knowing that DomainBank had broken the Registry rules by submitting the names.
 
Hal Lubsen has said absolutely nothing about any of this. Hal Lubsen remains CEO of Afilias. Hal Lubsen maintains his involvement with DomainBank.
 
ICANN's view on all this (and all the other cases) is "laissez-faire" (quote: Dan Halloran).
 
What better demonstration can there be of the need for elected representatives on the ICANN Board, accountable to ordinary Internet Users, and standing up for fair play and openness?
 
But alas... those are the very people who ICANN have chosen to EXPEL from their Board Room.
 
Richard Henderson


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