Re: [ga] Re: ICANN & transfers

[Don Brown <donbrown_l@inetconcepts.net>]

Wednesday, July 31, 2002, 4:01:15 AM, vinton g. cerf <vinton.g.cerf@wcom.com> wrote:
vgc> At 05:31 PM 7/31/2002 +1200, Joop Teernstra wrote:
>>At 09:37 p.m. 30/07/2002 -0400, vinton g. cerf wrote:
[SNIP]
>>>It looks so me as if we need something more refined than dis-
>>>accreditation as the principal tool providing incentive to adhere
>>>to contract terms.
>>
>>fines?
>>
>>And to whom will the cost of both the policing and the compliance be passed on?
>>--Joop

vgc> that's one of the reasons there probably are no more refined mechanisms

You're saying that ICANN intentionally set themselves up as a paper
tiger and intentionally circumscribed their contractual rights because
of doubts over potential, future funding issues?  That makes absolutely
no business sense or common sense.

Furthermore, this has nothing to do with the costs of policing, (which
I fail to see a requirement for, anyway) or the costs of contract
compliance or even the costs of contract administration.

In contrast, this a contractual performance issue, where the other
party is INTENTIONALLY performing contrary to contractual requirements
and in TOTAL DISREGARD to its obligations under the contract.

Are you telling us that ICANN has no contractual rights to require
specific performance under its contracts?

ICANN's continued inaction to rectify this transfer problem is a
disservice to all of the other Registrars who are compliant and it is
particularly a disservice to the grass-roots domain Registrants who
are being punished and deceived.

Thanks,

----
Don Brown - Dallas, Texas USA     Internet Concepts, Inc.
donbrown_l@inetconcepts.net         http://www.inetconcepts.net
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Providing Internet Solutions Worldwide - An eDataWeb Affiliate
----

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