Re: [ga] Investigation of Possible Contract Breach in .eu Landrush - typo correction

["Richard Henderson" <richardhenderson@xxxxxxxxxxxx>]

typo correction-

4th paragraph: "in contravention" of EC regulations, not "in contract"
  ----- Original Message ----- 
  From: Richard Henderson 
  To: General Assembly of the DNSO 
  Cc: kidsearch ; EURid ; president@xxxxxxxxxxx 
  Sent: Wednesday, April 19, 2006 12:13 AM
  Subject: Re: [ga] Investigation of Possible Contract Breach in .eu Landrush


  Chris, Bob, members of the GNSO, and Eurid staff,

  My primary concern is that, under the terms of EUROPEAN COMMISSION REGULATION NO 733/2002 of 22 April 2002, Article 4e, and also EUROPEAN COMMISSION REGULATION NO 874/2004 of 28 April 2004, "Accreditation of registrars should be carried out by the Registry following a procedure that ensures fair and open competition between Registrars."
   
  I put it to Eurid, and will also put it to the Communications Committee established by Article 22 (1) of Directive 2002/21/EC set up to oversee Eurid's performance and report to the Commission, that "fair" competition was not ensured, because Eurid's arrangements disadvantaged a large number of registrars by allowing "multiple outlets" to afford certain "parent" companies extra places in the first-come-first-served queues... in some cases, 100's of extra places, whereby they were able to acquire popular domain names which would otherwise have been available to individual registrars who did not attempt to "game" the system and only had one place in the queue. Moreover, I believe Eurid made it possible for some people to gain "unfair" advantage by drafting accreditation procedures which enabled 100's of temporary registrars to be set up and reclaim their accreditation fee of 10000 Euros once they had served their purpose and terminated their contracts with Eurid. Although money would be deducted from this accreditation fee for registrations, any such money would of course be recouped (with profit) from registrants, so - in effect - it cost nothing to become a registrar for the sole purpose of obtaining extra places in the .eu queues. Therefore I believe that Eurid were in breach of Article 4e. They failed to "ensure" that there was "fair" competition between registrars. Many registrars were disadvantaged.
   
  I specifically warned Eurid that this could happen, back in July 2005.
   
  With regard to companies that created "shell" registrars, I am asking Eurid to consider that many of their registrations may have been *****in contract***** of EC regulations and Eurid's own rules.

  (rest of message snipped)