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RE: [registrars] Joker.com's unique transfer requirements
Bob, et.al,
I agree. The policy belongs nowhere in a competitive environment.
Joker/CSL hides behind consumer protection laws in Germany, but, in our
legal council's opinion, violates EU competition laws.
Fact is that the registrant is the loser, here, as your example also
demonstrates.
Likewise, we see several CORE members practicing consumer unfriendly
behaviour like requiring registrants to 'open' a transfer slot by faxing in
an undefined template.
It strikes me that CORE (the accredited registrar) is unable to act upon
this, as administration is fully delegated to members (who are not
accredited).
Another transfer policy that I would deam anti-competitive, is the practice
of placing names on REGISTRAR-LOCK, requiring registrants to unlock names
before initiating transfers.
Finally, the challenges that registrants face across the line in obtaining
auth info codes, is simply killing.
This will become even more evident around the time of the first renewals in
the fall, when registrants will want to transfer.
The likely loser here will be the registries, as the registrant will
consider him-/herself locked down, ultimately deeming it worthless to even
renew.
/n
-----Original Message-----
From: Robert F. Connelly [mailto:rconnell@psi-japan.com]
Sent: 27. februar 2003 22:04
To: Registrar Constituency
Cc: Duane Connelly; Mieko Umezu; Naoko Orishige
Subject: [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-16apr0
1.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.
2c. Owner and admin-c will be notified of
the result.
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
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