[registrars] Joker.com's unique transfer requirements
Dear Colleagues: We have documents authorizing transfer of a domain from Joker.com. Though not required to, after the first Nack, we submitted these documents, with the corporate seal, division seal and analysts's seal to Joker.com. They refused to permit the transfer. Their reason is that they do not accept *any* request for transfer unless the *registrant* first open a ten day transfer window prior to the issuance of a Transfer RRP request by the gaining *registrar*. Did the reason for the denial fall within the allowable reasons for denying a transfer under the Policy <http://www.icann.org/tlds/agreements/verisign/registry-agmt-appf-com-16apr01.htm#ExhibitB> as discussed in Louis Touton's letter to VGRS dated 27 August 2001 <http://www.icann.org/correspondence/touton-to-russo-27aug01.htm>? Let's look at the provisions of Exhibit B: Registrar Requirements. The registration agreement between each Registrar and its Registered Name holder shall include a provision explaining that a Registered Name holder will be prohibited from changing its Registrar during the first 60 days after initial registration of the domain name with the Registrar. Beginning on the 61st day after the initial registration with the Registrar, the procedures for change in sponsoring registrar set forth in this policy shall apply. Enforcement shall be the responsibility of the Registrar sponsoring the domain name registration. [I don't see that the above applies to the present case.] For each instance where an Registered Name holder wants to change its Registrar for an existing domain name (i.e., a domain name that appears in a particular top-level domain zone file), the gaining Registrar shall: 1) Obtain express authorization from an individual who has the apparent authority to legally bind the Registered Name holder (as reflected in the database of the losing Registrar). [We have that with the official, registered seal of the corporation.] a) The form of the authorization is at the discretion of each gaining Registrar. [Yes, it is in the form we accept.] b) The gaining Registrar shall retain a record of reliable evidence of the authorization. [Yes, we retain them.] 2) In those instances when the Registrar of record is being changed simultaneously with a transfer of a domain name from one party to another, the gaining Registrar shall also obtain appropriate authorization for the transfer. Such authorization shall include, but not be limited to, one of the following: [There is to be no change of registrant rights. a, b and c do not apply.] a) A bilateral agreement between the parties. b) The final determination of a binding dispute resolution body. c) A court order. 3) Request, by the transmission of a "transfer" command as specified in the Registry Registrar Protocol, that the Registry database be changed to reflect the new Registrar. a) Transmission of a "transfer" command constitutes a representation on the part of the gaining Registrar that: (1) the requisite authorization has been obtained from the Registered Name holder listed in the database of the losing Registrar, and [Yes, we certify that we have done all that is required prior to sending the RRP transfer request.] (2) the losing Registrar will be provided with a copy of the authorization if and when requested. [Though Joker.com did not request it, but we have given Joker.com a copy of the authorization.] In those instances when the Registrar of record denies the requested change of Registrar, the Registrar of record shall notify the prospective gaining Registrar that the request was denied and the reason for the denial. [The reason put forth by Joker.com is that Joker.com will not accept *any* request for transfer in which the Transfer command is issued *prior_to* a communication initiated by the *registrant*, not the *registrar*.] Instances when the requested change of sponsoring Registrar may be denied include, but are not limited to: 1) Situations described in the Domain Name Dispute Resolution Policy 2) A pending bankruptcy of the Registered Name holder 3) Dispute over the identity of the Registered Name holder 4) Request to transfer sponsorship occurs within the first 60 days after the initial registration with the Registrar [None of the above four cases apply to these cases.] In all cases, the losing Registrar shall respond to the e-mail notice regarding the "transfer"request within five (5) days. Failure to respond will result in a default "approval" of the "transfer." [Joker.com always sends a nack within 24 hours of the request for transfer.] end quote and comments on Exhibit B: Now, let's look at the procedure that Joker.com demands. These demands are on the *registrant*, not the *registrar*: How to Change from joker.com to another Registrar Please go to Servicezone to transfer domains from joker to another registrar. New procedure for transfers of domains from joker.com to another ICANN accredited registrar Law in Germany is oriented to protect the consumer. Joker.com is obligated to ask the owner and/or the admin-c for explicit agreement in the case a domain should be transferred from joker.com to another ICANN accredited registrar. Starting 24.04.2002 joker.com introduced a new process for those requests: [There is no argument about the applicability of German law. They could satisfy German law by sending an Email to the registrant or admin contact after receiving the request for transfer from NSI. While we would be annoyed if they sent a complex message to our Japanese customers and then nacked the request because they did *not* receive an affirmative reply, such is not the case. The nack is issued if the registrant has not gone to "servicezone" (what ever that may be) and opened a ten day window.] Step 1: Opening a time slot of 10 calender days for transfers of domains at joker.com 1a. Joker.com will only accept transfer-request from other registrars if advised before such request arrives at joker.com . [Emphasis added by BobC] 1b. Advising joker.com can be done by the owner or admin-c or billing-c of the domain by opening a time slot for transfer of the domain. Please go to Servicezone to initiate the opening. 1c. As soon as joker.com gets the demand to open the time slot the owner and the admin-c are notified by email. 1d. If none of them objects, but at least one of them agrees explicitly within 5 calendar days, an additional time slot of 10 calender days is opened during which joker.com accepts transfer-request from other registrars. 1e. The owner and the admin-c will be notified of the result of that first step, i.e. after 5 days. If. If the time slot was opened, the owner and admin-c will be informed at the end of the time slot if no transfer-request was received by joker.com . 1g. If the TLD is .info or .biz you need a so called auth-id from joker.com. That auth-id must be submitted to the registry by the new registrar. If the 10 days time slot is opened you will be able to get the auth-id by using the status request of transfer at the servicezone. [The above section does not apply to .com.] 1h. During the whole time (5+10 days), but only if the domains is not already transferred, the owner and/or admin-c has the possibility to reject the transfer. Step 2: Initiating the transfer-request at another registrar 2a. In addition and after getting the notification from joker.com that the time slot of 10 days is open, the new registrar has to initiate the transfer-request at the registry. 2d. Transfer-request arriving outside the time slot will be refused. [Too arbitrary.] 2e. Transfer-request arriving when a domain is expired will be refused. Be aware that the registry for com - net - org has a process of auto-renew, i.e. the domain is temporarily prolonged at the cost of joker.com even if it was not paid by the customer. That domain is considered as expired and will be deleted if the customer does not pay. [The above does not apply to these cases, though these delays *could* cause the registrant to miss its chance to transfer.] Example: Day 01 Demanding the opening of the time slot from owner/admin-c/billing-c 02 email from joker.com to owner and admin-c asking for agreement 03 04 05 06 email from joker.com announcing the result of the 1. step, start of time slot 07 08 09 10 possibly email to owner and admin-c announcing that transfer is enabled because a transfer-request arrived at joker.com. .... 16 if no transfer-request arrived at joker.com, email to owner and admin-c stating that time slot is now closed without transfer enabled. end quote and comments: I see no relationship between the procedures set forth in Exhibit B and the process demanded by Joker.com. The are simply making it extremely difficult for any registrant to transfer its domain to another ICANN accredited registrar. The *portability* of domains is denied if Joker.com is the registrar of record. My posting on the Registrar Constituency mailing list brought forth comments from other exasperated registrars who have been stymied by the Joker.com system. Remember, we are talking about registrants in Japan where English is not their primary language. In fact, they may not be sufficiently capable of handling such complex requirements in English. Add to it the fact that English is not the mother tongue of whoever translated the Germany description of the Joker.com rules into English. I have difficulty being sure I understand what they are requiring. For example, the first and second ten day "windows" add up to fifteen days;-( I have not considered any further implications of Louis' letter. I think it is adequate to consider Exhibit B. I suspect that Joker.com will ignore the TF report. Regards, BobC |