Re: [ga] Afternic Auctioning register.com expireds

["L Gallegos" <jandl@jandl.com>]

Of course it's a violation.  Does tha make any difference?  ICANN 
has not enforced any contractual obligations yet, so why would 
you think they would do so now?  Since the only enforcement 
would have to come from ICANN based on its own contracts with 
the registries, it's rather moot, unless ICANN can be forced to 
enforce its own contracts.  DoC could probably do that, but it won't.

Leah


On 19 Oct 2001, at 14:21, Paul Cotton wrote:

> "With this in mind, Afternic is launching a test bed. The concept is
> simple: When a registrar's names expire, they become Afternic
> auctions. During the auction, members can claim any names they find
> valuable. Those unclaimed at the end of the auction are returned to
> the pool of available names. The first registrar participating in the
> test bed will be Register.com. We hope to add more registrars in the
> coming weeks." (Taken from the Afternic "Urly Indicator" Friday
> 10.19.01)
> 
> Is it me, or does this appear to be a violation the registrar
> accreditation agreement insofar as unpaid domains should be cancelled:
> 
> "3.7.5 Registrar shall register Registered Names to Registered Name
> Holders only for fixed periods. At the conclusion of the registration
> period, failure by or on behalf of the Registered Name Holder to pay a
> renewal fee within the time specified in a second notice or reminder
> shall, in the absence of extenuating circumstances, result in
> cancellation of the registration. In the event that ICANN adopts a
> specification or policy concerning procedures for handling expiration
> of registrations, Registrar shall abide by that specification or
> policy."
> 
> By auctioning the domains, aren't Afternic transferring the original
> domain to a new owner and thus the original registrar retains the
> domain registration outside of the period paid for by the original
> registrant?
> 
> Also, what rights do afternic have (and register.com for that matter)
> in auctioning the domain rather than selling at a fixed price (even
> though this too would appear a violation)?  The additional value in
> the domain over and above the registration fee is surely a product of
> the original registrants efforts and not those of
> afternic/register.com - so what happens to this and where has the
> registrant consented to allow this?
> 
> I know afternic and greatdomains have for some time sold at fixed
> price  the neverpaids with a view to recovering the admin costs, but
> this is the *auctioning* of expireds where the domain was indeed paid
> for and the contract period ended.
> 
> Regards
> 
> Paul Cotton
> 


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