Re: [ga] Stolen domains, transfers, WHOIS, audit trails, and system integrity

[George Kirikos <gkirikos@yahoo.com>]

Hello,

--- Karl Auerbach <karl@CaveBear.com> wrote:
> On Fri, 6 Dec 2002, George Kirikos wrote:
> > I'm all for enforcing contractual rights -- but make it a little
> bit
> > easier...
> 
> How?  By doing what ICANN has done?  By creating amateur courts that
> use
> ad hoc jurisprudence to apply law-equivalents created in forums that
> were
> filled only by trademark industry advocates?

My post was not about UDRP and trademarks (it said *SAVE* for those
issues, i.e. excluding them). My point was that the system is flawed at
present if one is unable to have unequivocal proof of ownership of the
domain, and have unequivocal transfers which are well-documented. The
same problems exist with physical goods (e.g. someone might sell you a
car that is stolen), but the issues are more complex for the
non-physical world, and the poor procedures and lack of audit trails.
For real-estate, there's much better documentation. Some domains are
worth more than houses....

If XYZ.com was hijacked tomorrow, how would the owners of XYZ.com have
*proven* that they owned it today? The losing registrar's word? The
gaining registrar would have a legitimate client who might say that
they received the domain legitimately....let's make the chain of
ownership stronger, and transparent, as it's not like that today. Now
that .com is stabilizing, most of the action will be in "churn", not
initial registrations, and if those movements aren't safe then it
creates greater risk for the market participants.

[lots of UDRP comments cut]
 
I didn't raise the issue of UDRP, as I wanted to keep the analysis
simple, just pure transfers, ownership, and thefts (excluding bad UDRP
decisions that are over-reaching).

Sincerely,

George Kirikos
http://www.kirikos.com/
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