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Re: [ga] RAA

  • To: Karl Auerbach <karl@xxxxxxxxxxxx>
  • Subject: Re: [ga] RAA
  • From: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Date: Tue, 15 May 2007 20:11:45 -0700 (PDT)
  • Cc: GA <ga@xxxxxxxxxxxxxx>
  • Domainkey-signature: a=rsa-sha1; q=dns; c=nofws; s=s1024; d=yahoo.com; h=X-YMail-OSG:Received:Date:From:Subject:To:Cc:In-Reply-To:MIME-Version:Content-Type:Content-Transfer-Encoding:Message-ID; b=NKveG4ei/9QnY6hWqeIzTrfdOwKoKMZH5dftxz01VOzW2lG6NWTJiNGILPeiEIrHRnlghAy0+bkDlznchzt9bUVbkozhQgEIbR9EBJtAlxuoZd5EMxE4Pi5OFEjJSP2gEUaL/I3n/hVpZP0hZhCXO4wv+EQO+0wfMMeuPQz+y0o=;
  • In-reply-to: <464A2F8F.2010707@cavebear.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx

Karl,
   
  Could you kindly link us up to that contract and point out the provision you are referring to.
  I am not as up to speed on the contracts as I should be. Perhaps you would just link us over to your site if you have it there.
   
  Eric

Karl Auerbach <karl@xxxxxxxxxxxx> wrote:
  Hugh Dierker wrote:
> I am convinced that this is going to be a very hot topic with very 
> little registrant/individual user representation in the formal ICANN 
> task forces and WGs. too many view the RAA as a contract between the 
> parties with no Third Party Beneficiary Rights. I believe the opposite 
> is true; That the RAA is only a contract for the benefit of the 
> individual domain name holder.

The contract explicitly disclaims third party beneficiary rights/status.

That tends to be the determining factor.

ICANN could try to change it, but it may require the consent of the 
registrar/registry involved unless it can somehow become a "consensus policy" 
to which the registrar/registry has agreed to accept in advance.

Thank ICANN's staff and law firm for this one; it was never an explicit 
question before the board.

--karl--


       
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