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RE: [registrars] Joker.com's unique transfer requirements


RE: Locking domains and auth info codes.

Nikolaj,

The primary problem with either of these practices is poor implementation
by registrars.

If the lock is under the control of the registrant, where is the problem?
The Transfer TF recommendations covers this.

The biggest problems we see with auth info codes is that either the
registrar hasn't implemented any reasonable way for the registrant to get
them, or they just screwed it up in the first place by assigning the same
code to all names. It's not the concept that's flawed. The Transfer TF
recommendations covers much of this also.

Tim

 -------- Original Message --------
   Subject: RE: [registrars] Joker.com's unique transfer requirements
   From: Nikolaj Nyholm <nikolajn@ascio.com>
   Date: Fri, February 28, 2003 2:22 am
   To: "'Robert F. Connelly'" <rconnell@psi-japan.com>,
         "'Registrars List'" <Registrars@dnso.org>

   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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