[registrars] .eu notifications

["Divyank Turakhia" <divyank.t@xxxxxxxxxxx>]

Comment on  <http://www.eurid.eu/news/archive/reselingdomains>
http://www.eurid.eu/news/archive/reselingdomains :

Article 4 of COMMISSION REGULATION (EC) No 874/2004 states:

"Only registrars accredited by the Registry shall be permitted to offer
registration services for names under the .eu TLD."

>From what I read of it - ONLY registrars accredited by the registry shall be
permitted by the registry to offer registration services for names under the
.eu TLD. From what I know of local laws, no company (in this case the
registry) can prevent any other company from conducting a legal business and
hence rule out resellers of registrars.

Even if they manage to state in the registry-registrar contract - that
registrars cannot appoint resellers for .eu - "Resellers" can always act as
an agent NOT of the registrar but of the "Customer" and as the agent of the
"Customer", register a .eu domain name with the registrar on behalf of the
customer. I guess contracts could be restructured to that effect - I am
still to talk to our legal team about this.

Further comments on the COMMISSION REGULATION (EC) No 874/2004:

Point 3 states:
"Only parties who meet certain basic technical requirements to be determined
by the Registry should be eligible for accreditation"

According to the EU registry, anyone who has the capacity to pay EUR 10,000
has met the "basic technical requirements" as specified above.

- Divyank

 
Warm Regards
Divyank Turakhia
President & Director
 <http://www.directi.com> http://www.directi.com 


> -----Original Message-----
> From: owner-registrars@xxxxxxxxxxxxxx
> [ <mailto:owner-registrars@xxxxxxxxxxxxxx>
mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Paul Stahura
> Sent: Saturday, July 23, 2005 12:30 AM
> To: Registrars Constituency
> Subject: RE: [registrars] Rules of Procedure Motion
>
> I think we need a clarification of the clarification that
> eurid released today.  Does this "reseller" policy mean that
> both Yahoo and Microsoft, for example, need to be accredited
> as ICANN and .eu registrars before they can offer names to
> their customers? 
>
> After reading, Article 4 of the EC regulation, my
> interpretation of it would not rule out Yahoo selling .eu
> names via a registrar such as Melbourne IT (obviously the
> registrant would have a contract with the accredited
> registrar regardless of how they registered the name), but it
> now seems to me that eurid's "clarification" DOES rule out
> Yahoo selling .eu names (unless Yahoo is ICANN and .eu accredited). 
>
> Will all ISPs, web-hosting companies, etc., worldwide, need
> to be accredited, or would they need to list themselves as
> the registrant or something?
> Is a registrant not permitted to resell its name to another
> registrant?
> Does the regulation only apply during the sunrise (I guess I
> can understand if so)?
>
> CORE? MIT? WildWest? Tucows? Pretty much all of us "resell"
> names in some fashion.
> Its baffling to me, any insight would be appreciated.  Maybe
> I'm just interpreting it wrong somehow (hopefully)?
>
> Paul
>
>
> See:
>  <http://www.eurid.eu/news/archive/reselingdomains>
http://www.eurid.eu/news/archive/reselingdomains
>
> "Reselling" of .eu domain name services
> 22 Jul 2005
> Important notice concerning the "reselling" of .eu domain
> name services
>
> A consultation with the European Commission services has led
> towards a clear position concerning the offering of so called
> "reseller" services for .eu domain names.
>
> Regulation 784/2004 of the European Commission laying down
> the public policy rules concerning the .eu Top Level Domain
> states clearly that only registrars accredited by the
> Registry (EURid) shall be permitted to offer registration
> services for .eu domain names (see article 4 of the
> regulation). This means that the offering of services as a "reseller"
> (as a kind of subcontractor of an accredited registrar or as
> an intermediary without having concluded an agreement with
> the Registry in order to become an accredited registrar) is
> completely excluded.
>
> EURid advises to check at all times if your service provider
> appears in the list of accredited registrars. Only companies
> and undertakings which appear in that list have the
> authorisation to offer .eu domain name
> services.  
>
>
> -----Original Message-----
> From: owner-registrars@xxxxxxxxxxxxxx
> [ <mailto:owner-registrars@xxxxxxxxxxxxxx>
mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Nevett, Jonathon
> Sent: Friday, July 22, 2005 6:26 AM
> To: Thomas Keller
> Cc: Robert F Connelly; Registrars Constituency; Marcus Faure
> Subject: RE: [registrars] Rules of Procedure Motion
>
> Good catch Tom.  Thanks.  Attached are the correct versions. 
> We still need one more endorsement.
>
> Jon
> -----Original Message-----
> From: Thomas Keller [ <mailto:tom@xxxxxxxxxx> mailto:tom@xxxxxxxxxx]
> Sent: Friday, July 22, 2005 3:42 AM
> To: Nevett, Jonathon
> Cc: Robert F Connelly; Registrars Constituency; Marcus Faure
> Subject: Re: [registrars] Rules of Procedure Motion
>
> Jon,
>
> I endorse the new Rules of Procedure. Please note that that
> the current document still contains the 5 endorsements
> instead of the 3 as decided in LUX. My endorsement is for the
> RoP amended to 3.
>
> Best,
>
> tom
>
> Am 21.07.2005 schrieb Nevett, Jonathon:
> > Thanks Marcus.  Jon
> >
> --------------------------------------------------------------
> ----------
> > --
> > I endorse the Rules of Procedure motion. I also suggest to resend it
> to
> > the list with a more apropriate subject.
> >
> > Yours,
> > Marcus
> >
> > -----Original Message-----
> > From: owner-registrars@xxxxxxxxxxxxxx
> > [ <mailto:owner-registrars@xxxxxxxxxxxxxx>
mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of
> Nevett, Jonathon
> > Sent: Thursday, July 21, 2005 10:34 AM
> > To: Robert F Connelly; Registrars Constituency
> > Subject: RE: [registrars] Motion to Adopt: Whois Conflicts
> >
> > Bob: 
> >
> > The schedule looks right to me. 
> >
> > Also, attached is the current version of the proposed Rules of
> > Procedure.  The changes since Luxembourg are that we reduced the
> number
> > of required endorsements from 5 to 3 and we changed the quorum
> > provisions to reduce the minimum number of voters from 15 to 10 to
> make
> > it consistent with the Bylaws.
> >
> > Bob has filed the motion.  I have endorsed it, and I
> believe that Ross
> > has as well.  If we could have at least three more voters
> endorse the
> > motion today or tomorrow, we could have both motions on the same
> ballot.
> >
> >
> > Thanks.
> >
> > Jon
> >
> > -----Original Message-----
> > From: owner-registrars@xxxxxxxxxxxxxx
> > [ <mailto:owner-registrars@xxxxxxxxxxxxxx>
mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Robert F
> Connelly
> > Sent: Thursday, July 21, 2005 7:38 AM
> > To: Registrars Constituency
> > Subject: Re: [registrars] Motion to Adopt: Whois Conflicts
> >
> > At 12:51 AM 7/21/05, Thomas Keller wrote:
> > >Hello all,
> > >
> > >this motion has been endorsed by 5 members of the constituency
> > >
> > >Jordyn Buchanan
> > >Marcus Faure
> > >Bruce Tonkin
> > >Paul Stahura
> > >Tom Keller
> > >
> > >I therefore ask to move the motion to a vote at the earliest time
> > >possible.
> >
> > Dear Thomas: I also endorsed it.
> >
> > Under the old Rules of Procedure, I believe we need 14 days
> after the
> > draft has been confirmed, then another 4 days,
> >
> > I am traveling and have not confirmed that time schedule. 
> I recognize
> > that time is of the essence in this motion.
> >
> > I would appreciate it if Jon would confirm the time
> schedule.  He can
> > reach me at 1.702.372.2890.
> >
> > Regards, BobC
> >
> >
> > >Best,
> > >
> > >tom
> >
>
>
>
>
> Gruss,
>
> tom
>
> (__)       
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>   | |--/ | *    milk some of it is hamburger!
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>