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Re: [ga] Confused by registrar sale of deleting domains...

  • To: Richard Henderson <richardhenderson@xxxxxxxxxxxx>
  • Subject: Re: [ga] Confused by registrar sale of deleting domains...
  • From: Danny Younger <dannyyounger@xxxxxxxxx>
  • Date: Wed, 22 Dec 2004 16:39:27 -0800 (PST)
  • Cc: ga@xxxxxxxxxxxxxx
  • Comment: DomainKeys? See http://antispam.yahoo.com/domainkeys
  • Domainkey-signature: a=rsa-sha1; q=dns; c=nofws; s=s1024; d=yahoo.com; b=53Rf78rXX/ZH/IFG6QDXddEj35aW3IWqPqgWWXxvoJzOQnP/dxpKzNZsDBz+julwCV6j+WGjYLuUsn8hZQ1urRC+tr/4PBseKcjhMvird5C4ex1Rz5lVIXP7xNuV60SE07vVRkYUhvrr/bvyUI6xib8hPotK1BWnki+wuLbNGUo= ;
  • In-reply-to: <002201c4e876$53181a50$8434fd3e@richard>
  • Sender: owner-ga@xxxxxxxxxxxxxx
Richard, the Namescout Service Agreement currently reads as follows:
 
27. EXPIRATION OF DOMAIN NAME REGISTRATIONS. You agree that we may, but are no obligated to, allow you to renew your domain name after its expiration date has passed. Should you choose not to renew your domain name during any applicable grace period, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf (the "Transfer"). In the event we are able to identify such a third party ("Third Party") and effectuate such a Transfer, we will notify you via e-mail after the transaction is completed ("Transfer Notification"). You acknowledge and agree that the Transfer may be facilitated through a single Third Party, or through an auction involving one or more parties interested in your domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the proceeds of the Transfer. We cannot guarantee, and we make no representation or promise, that any Direct Transfer wi!
ll occur
 with respect to your domain name.

This type of Service Agreement contravenes the intent and language of the Expired Domain Deletion Policy http://www.icann.org/registrars/eddp.htm which came into effect yesterday (in that it prevents domains from being released back into the pool -- some would view this as restraint of trade).  
 
I tried, to no avail, to raise this issue with the GNSO Council (see http://gnso.icann.org/mailing-lists/archives/council/msg00617.html ).  Apparently, Alejandro Pisanty considered the issue to be "trivial" (see his comment at http://gnso.icann.org/mailing-lists/archives/council/msg00623.html ).
 
Within the RAA (to the best of my knowledge) you will not find a registrant right to renewal.  The Redemption Grace Period period http://www.icann.org/tlds/agreements/info/registry-agmt-appc-j-20jan04.htm allows registrars to restore Registered Names (but to my knowledge does not require them to do so).
 
Hope this helps.
 
Best regards,
Danny

		
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