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RE: [ga] WHOIS data on .org domains




> -----Original Message-----
> From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Thomas

> What, precisely, is "optional" about the following language?
>
> | 8. Extended Whois (xWhois)
> |
> | Registry Operator will use its best commercial efforts to develop
> | and implement an extended Whois (xWhois) service. This
> | subscription-based service is intended to provide:
> |
> | An interface to the Whois database that will permit interested third
> | parties to conduct enhanced Whois searches using Boolean and
> | character string technologies.


The phrase "use its best commercial efforts to" is a qualifier to "will
develop". This gives the Registry Operator the option not to
develop/implement the service if they consider it is not commercially
viable. They don't even have to say why.

Anytime the language "best endeavors" appears, or variations of the sort,
you can be sure it's been inserted as the mechanism to get out, because
somebody can't, or doesn't want to commit.

Otherwise it would just say "Registry Operator will develop and implement an
extended Whois....", which is a clear statement that they have to do it at
all costs.

Regards,
Joanna
(IANAL)

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