Re: [wg-review] Re: dndef, 9

["Miles B. Whitener" <mbw@i-theta.com>]

Anyway, I very much doubt that in the case mentioned there's any
ambiguity at all about whether payments have to continue to be
made on the name.  There's no way that the regular T&C were
bypassed.  Any two name holders can make a transfer any time they
like, and in so doing they will ascribe to the T&C of the
registrar and COM domain holder.  The only difference here would
be that the transfer is forced.

From: "Miles B. Whitener" <mbw@i-theta.com>
> A sad outcome of judicial activism.
> It seems to me that an ordered transfer can't generally
interfere
> with the rights of the registrar.  So a permanent transfer
would
> have to be interpreted to mean "as long as the transferee
> maintains the domain".
> The registrar in this case would have to delete the domain,
else
> could be sued for unfair treatment (deleting other domains when
> payment is not made).

----- Original Message -----
From: "Joanna Lane" <jo-uk@rcn.com>
To: "Miles B. Whitener" <mbw@i-theta.com>
Cc: <wg-review@dnso.org>
Sent: Monday, February 05, 2001 12:49 PM
Subject: RE: [wg-review] Re: dndef, 9


> I think Eric means what happens if a registrant, having been
awarded the
> name permanently, then declines to make any payments. The
registrars cannot
> force the domain name holder to pay in perpetuity, but equally,
cannot
> resell the name.
> Joanna
>
> -----Original Message-----
> From: owner-wg-review@dnso.org
[mailto:owner-wg-review@dnso.org]On
> Behalf Of Miles B. Whitener
> Sent: Monday, February 05, 2001 1:23 PM
> To: Eric Dierker; Phil King
> Cc: wg-review@dnso.org
> Subject: Re: [wg-review] Re: dndef, 9
>
>
> > The Judge got the property right but those poor registrars.
> How can they charge
> > for renewals if the judge orders it permanently transferred?
>
> When you transfer a domain, the new domain holder pays renewal
> charges.
> Haven't you ever transferred a domain?
>
>
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