RE: [ga] Proposed Advisory

[jwkckid1@xxxxxxxxxxxxx]

Dominik and all,

  Of course in respect to the RAA contract, Godaddy is
in obayance as you point out.  Perhaps they are as a 
result of the decided, and well documented fact that
ICANN has not done it's oversite of the RAA contracted
registrars and registries and Godaddy has decided on it's
own to add what they consider "improvments".  In any event,
it is clear that Godaddy is addressing their self proclaimed
and perhaps very accurate concerns improperly at the
expense of their registrants and in stark violation
of contract law accordingly.

Regards,

Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of
Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail jwkckid1@xxxxxxxxxxxxx
Phone: 214-244-4827


-----Original Message-----
>From: Dominik Filipp <dominik.filipp@xxxxxxxx>
>Sent: Dec 5, 2007 4:12 AM
>To: Tim Ruiz <tim@xxxxxxxxxxx>
>Cc: ga@xxxxxxxxxxxxxx
>Subject: RE: [ga] Proposed Advisory
>
>
>Tim,
>
>do you really mean what you have said..? The GoDaddy's 'Transfer
>Prohibition Period' agreement imposes additional transfer-deny period on
>top of those explicitly enumerated in RAA. This extra period is in fact
>'registration period time constraints, other than during the first 60
>days of initial registration or during the first 60 days after a
>registrar transfer' as stated in point d) and also points 8. and 9. in
>the RAA Obligations, and therefore in direct violation with the RAA
>agreement.
>I understand your concerns about possible fraud attempts during
>transfers but it's simply unacceptable to fix this problem by violating
>other aspects of the agreement. If this is a problem, and indeed it is,
>then it should be addressed in right place or solved using some other
>approach not colliding with the agreement conditions. After all, you are
>within the ICANN structures, who could then manage this better?
>
>To make the statement 'GoDaddy is in complete compliance with the
>transfer policy as written' valid GoDaddy should immediately redesign
>the 'Transfer Prohibition Period' check-box be optional and not
>mandatory.
>
>Dominik
>
>
>-----Original Message-----
>From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
>Of Tim Ruiz
>Sent: Wednesday, December 05, 2007 5:25 AM
>To: Ross Rader
>Cc: ga@xxxxxxxxxxxxxx
>Subject: RE: [ga] Proposed Advisory
>
>
>> And frankly, not only is it consistent with the wording and intent of 
>> the original transfers task force, but also of most everyone out 
>> there, save Network Solutions and GoDaddy.
>
>Of most everyone out there? Now that's what I call FUD. You have nothing
>to back up such a sweeping statement. When considering our customer's
>perspective, it seems to us that most everyone out there is okay with
>it. In fact, they like it. 
>
>There are issues at times, but they are easily resolved. And most of the
>issues arise due to the aftermarket where some registrants seem to think
>they can assign their registration agreement to anyone under any
>circumstances they choose without any questions raised on the
>registrar's part. We certainly want to facilitate that as best we can,
>but we also want to do it securely.
>
>GoDaddy is in complete compliance with the transfer policy as written.
>We are in agreement with Network Solution's view of the policy as Jon
>has clearly presented it in his comments on the proposed advisory. 
>
>Finally, trying to equate this with *the circus with NSI on transfers
>the first time* is also just more FUD.
>
>
>Tim 
>