[council] Proposed motion on an amendement regarding the outcome of the PDP on clarification of Transfer Denial Reasons

[Olof Nordling <olof.nordling@xxxxxxxxx>]

Dear all,
Following the public comments regarding the new proposed texts for transfer 
denial reasons #8 and #9 and the subsequent discussion on this list, Chuck 
asked me to draft a motion for an amendment on this, for consideration on the 
call 16 October.
Please find the draft motion below - it is also on the wiki.
Very best regards
Olof
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Motion on Amendment to Council Resolution on the Inter-Registrar Transfer 
Policy (IRTP) Denial Definitions Policy Development Process (PDP)

Moved: Chuck Gomes

Seconded:



Whereas:



*         On 4 September 2008, the GNSO Council adopted a Recommendation 
concluding a Policy Development Process (PDP) to clarify four of the nine 
transfer denial reasons enumerated in the Inter-Registrar Transfer Policy;



*         The ensuing public comment period rendered a comment identifying a 
possibility to misinterpret a part of the proposed text for Denial Reason #9, 
notably the words "or transfer to the Registrar of Record";



*         The GNSO Council, in consultation with members of the drafting group 
for this PDP, has found it appropriate to delete these words from the proposed 
text for Denial Reason #9;





Resolved:



1. That Denial reason #9 in which the current text reads:



A domain name is within 60 days (or a lesser period to be determined) after 
being transferred (apart from being transferred back to the original Registrar 
in cases where both Registrars so agree and/or where a decision in the dispute 
resolution process so directs).



Be amended to read:



A domain name is within 60 days (or a lesser period to be determined) after 
being transferred (apart from being transferred back to the original Registrar 
in cases where both Registrars so agree and/or where a decision in the dispute 
resolution process so directs). "Transferred" shall only mean that an 
inter-registrar transfer has occurred in accordance with the procedures of this 
policy.