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


Look at that little provision that states that the name will be turned
over to the tribunal, that kind of muddies these waters.

I think one of the definitions and later T & Cs, will have to include
that the registrar doesn't have anything to do with transferring
ownership of the name they just can't make it work as a DN. (note
Roeland's thread)

This is really going to be tricky as applied to ccTLDs doing business in
USA.

Sincerely,

"Miles B. Whitener" wrote:

> 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).
>
> From: "Joanna Lane" <jo-uk@rcn.com>
> > 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
>
> > From: owner-wg-review@dnso.org
> [mailto:owner-wg-review@dnso.org]On
> > Behalf Of Miles B. Whitener
> > > 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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