RE: [ga] Domain is expiring within next 60 days , you CAN'T transfer

["Paul Karkas" <pkarkas@xxxxxxxxxx>]

but with EPP, the 'hold' that is normally applied at 'expiry',  will *not*
prohibit a name

from transferring - EPP is only interested in knowing that there are no

locks and that the name has been properly authorized (read auth code is
provided).



so #5 should not prohibit a name from trnasferring as well, if the name is
locked and held, then the ICANN agreement asserts that the end user must be
given  reasonable method or access to remove said lock

  -----Original Message-----
  From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx]On Behalf Of
Gomes, Chuck
  Sent: Friday, March 30, 2007 3:22 PM
  To: Gomes, Chuck; kidsearch; Bashar Al-Abdulhadi; ga@xxxxxxxxxxxxxx
  Subject: RE: [ga] Domain is expiring within next 60 days , you CAN'T
transfer


  Here's another scenario that could come into play with regard to why a
name may not be transferred after it has expired:

  "The Registrar of Record may deny a transfer request only in the following
specific instances:
    1.. . . .
    2.. . . .
    3.. . . .
    4.. . . .
    5.. No payment for previous registration period (including credit card
charge-backs) if the domain name is past its expiration date or for previous
or current registration periods if the domain name has not yet expired. In
all such cases, however, the domain name must be put into "Registrar Hold"
status by the Registrar of Record prior to the denial of transfer. "
  I suggest that you look at the full list of allowable reasons for not
transferring a name as well as the full list of unallowable reasons; they
can be found in Section 3 of the Transfer Policy.

  Chuck Gomes

  "This message is intended for the use of the individual or entity to which
it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. Any
unauthorized use, distribution, or disclosure is strictly prohibited. If you
have received this message in error, please notify sender immediately and
destroy/delete the original transmission."




----------------------------------------------------------------------------
    From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
Of Gomes, Chuck
    Sent: Friday, March 30, 2007 6:31 AM
    To: kidsearch; Bashar Al-Abdulhadi; ga@xxxxxxxxxxxxxx
    Subject: RE: [ga] Domain is expiring within next 60 days , you CAN'T
transfer


    Chris,

    It's been several years when I worked on the development of the
Registrar Transfer Policy so my memory is probably not perfect but I will
try to answer your question.  One of the reasons for restricting transfers
for 60 days after a transfer occurred was to minimize complexity of transfer
dispute resolutions; if you look at the Transfer Policy, you will see that
the transfer dispute resolution process could be greatly complicated if
multiple transfers occurred within a short period of time.  The policy
requires a transfer dispute to be filed within six months so the restriction
could have been six months instead of 60 days but that seemed excessive and
it was assumed that most disputes would occur in the first 60 days.  One
reason for restricting transfers during the first 60 days is that new
registrations are sometimes registrations of previously registered names; in
cases where there may have been an error in deleting a name, it would be
much easier to resolve the problem if it didn't also involve registrar
transfers.  There was also awareness that some names were being registered
by one registrar and then shortly thereafter executing a transfer; as stated
above, this complicates any possible transfer disputes that may be filed.

    I am sure there were other reasons but these are all that come to mind
now.  I am sure registrars would be able to share others because they deal
with it everyday.  If the restrictions need changes, they could be
considered in the Transfer Policy review that apparently will be reignited.

    Chuck Gomes

    "This message is intended for the use of the individual or entity to
which it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. Any
unauthorized use, distribution, or disclosure is strictly prohibited. If you
have received this message in error, please notify sender immediately and
destroy/delete the original transmission."




--------------------------------------------------------------------------
      From: kidsearch [mailto:kidsearch@xxxxxxxxxxxxx]
      Sent: Thursday, March 29, 2007 6:25 PM
      To: Gomes, Chuck; Bashar Al-Abdulhadi; ga@xxxxxxxxxxxxxx
      Subject: Re: [ga] Domain is expiring within next 60 days , you CAN'T
transfer


      Chuck the question is why should I not be allowed to transfer my
domain name anytime I want. Can you give me good reasons why a registry or
registrar should be able to tell users when and if they can transfer their
domain names and can you show me where this is good for consumers?

      Chris McElroy aka NameCritic
      http://www.articlecontentprovider.com

        ----- Original Message -----
        From: Gomes, Chuck
        To: Bashar Al-Abdulhadi ; ga@xxxxxxxxxxxxxx
        Sent: Thursday, March 29, 2007 5:16 AM
        Subject: RE: [ga] Domain is expiring within next 60 days , you CAN'T
transfer


        Bashar,

        In case you are not aware, the transfer policy can be found at
http://www.icann.org/transfers/

        Note in particular the following exerpt in Section 3, Obligations of
the Registrar of Record:

        "Instances when the requested change of Registrar may not be denied
include, but are not limited to:
          a.. . . .
          b.. Domain name registration period time constraints, other than
during the first 60 days of initial registration or during the first 60 days
after a registrar transfer."

        Chuck Gomes

        "This message is intended for the use of the individual or entity to
which it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. Any
unauthorized use, distribution, or disclosure is strictly prohibited. If you
have received this message in error, please notify sender immediately and
destroy/delete the original transmission."




----------------------------------------------------------------------
          From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On
Behalf Of Bashar Al-Abdulhadi
          Sent: Wednesday, March 28, 2007 6:47 PM
          To: ga@xxxxxxxxxxxxxx
          Subject: [ga] Domain is expiring within next 60 days , you CAN'T
transfer


          Dears,

          I noticed some registrars DENY accepting domain transfers that are
expiring within 60 days at their registrars.




          is this allowed by ICANN/registries? is it allowed to set certain
rules with the latest Transfer Policy?







          Best Regards,

          --

          Bashar Al-Abdulhadi

          CEO, KuwaitNET.net