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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Agree Paul.  My point was that a Registrar could legitimately be used by
a registrar to refuse a 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: Paul Karkas [mailto:pkarkas@xxxxxxxxxx] 
	Sent: Friday, March 30, 2007 5:30 PM
	To: Gomes, Chuck; kidsearch; Bashar Al-Abdulhadi;
ga@xxxxxxxxxxxxxx
	Subject: RE: [ga] Domain is expiring within next 60 days , you
CAN'T transfer 
	
	

	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
<mailto:cgomes@xxxxxxxxxxxx>  
				To: Bashar Al-Abdulhadi
<mailto:bashar@xxxxxxxxxxxxx>  ; 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: 

				*	. . . 
				*	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