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Re: [ga] ICANN's accredited registrars and trying to renew one name

  • To: Karl Auerbach <karl@xxxxxxxxxxxx>
  • Subject: Re: [ga] ICANN's accredited registrars and trying to renew one name
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Wed, 27 Aug 2003 21:23:22 -0700
  • Cc: "L. Gallegos" <jandl@xxxxxxxxx>, Richard Henderson <richardhenderson@xxxxxxxxxxxx>, ga@xxxxxxxx
  • Organization: INEGroup Spokesman
  • References: <Pine.LNX.4.44.0308271631560.20747-100000@npax.cavebear.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx

Karl and all former DNSO GA members,

 The registrar agreements/contracts are anti-competative and have been
seriously flawed sense their ill conceived determination by Joe Sims
and Louis Touton.  If  you recall this was debated to no good or
reasonable conclusion some time ago in this forum amongst others,
and than just educated into the Boards policy some time ago...

Karl Auerbach wrote:

> On Tue, 26 Aug 2003, L. Gallegos wrote:
>
> > Personally, the issue your facing could be avoided by making registries go back to
> > the thick model and having the registry itself ultimately responsible for ensuring
> > there is no hanky panky with domain renewals.
>
> There's another possible course - one that is particularly American -
> one can initiate a legal action for breech of contract.
>
> You have, of course, examined your registation agreement to see if you
> have agreed to not do that.
>
> If your registrar has a contract under which you have agreed to limit the
> liability of the registrar, then switch registrars to one that puts no
> such limitation in their contract.
>
> If you were to perchance find that all the registrars have essentially
> identical contract terms limititing liability to nothing more than the
> price paid, then there is an interesting case that can be made that there
> is no real competition in the marketplace.
>
> (I just skimmed the agreement of one of the registrars I use and I saw
> what amounts to a near total disclaimer of liability, both under contract
> and tort law, and a limitation of liability to the amount of the
> registration fee - in other words, near banditry.  The dominant registrar
> has terms with similar effect in its agreement.)
>
>                 --karl--

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 131k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard
===============================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@xxxxxxxxxxxxx
Contact Number: 214-244-4827 or 214-244-3801





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