RE: [ga] domain tasting comments

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

Karl:

The factual problem with your theory is that there is no requirement in
the RAA for registrars to provide registrants with a 5 day grace period.
Therefore, there is no such requirement for registrars to breach or for
ICANN to enforce.

Many registrars do provide a grace period to their customers who may
make a mistake because it is a competitive marketplace and good customer
service to do so.  I doubt that many folks on this list would want a
provision that requires a registrar to provide a 5 day grace period to
consumers, as that would mean that all the tasters would be permitted to
register names at any registrar and that registrar would be required to
refund fees paid by the tasters.  In other words, requiring registrars
to provide the AGP would help enable tasting, but not help individual
consumers who make a legitimate mistake, as they already are protected
by the competitive marketplace.

Thanks.

Jon

-----Original Message-----
From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
Of Karl Auerbach
Sent: Thursday, April 03, 2008 8:28 PM
To: debbie@xxxxxxxxxxxxxxxxxx
Cc: 'GA'
Subject: Re: [ga] domain tasting comments


Debbie Garside wrote:

>>> It is not clearly stated at registrars during registration that the
> customer has 5 days in which they are allowed to change their mind
about the
> domain name they are registering.

There is an interesting twist on this:

In its contracts with registrars ICANN denies third party beneficiary 
status to registrants.  This means that if those contracts are violated 
that only ICANN has standing to go into court and enforce the terms.

Thus if a registrar were to refuse to provide 5 day AGP to a registrant 
who made a real, legitimate mistake, then that person would have no 
recourse for that breech of the contractual term and would have to wait 
for ICANN to step in, if ever.

Given that ICANN has been rather lax about keelhauling registrars - it 
took a RegisterFly disaster to get ICANN to act last time - a registrar 
could decide that it could ignore its contractual obligations, such as 
AGP, with, as a practical matter, impunity.

                --karl--