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RE: [registrars] FYI re: Transfers
- To: "'Thomas Barrett - EnCirca'" <tbarrett@xxxxxxxxxxx>, <ross@xxxxxxxxxx>, "'Registrars Constituency'" <registrars@xxxxxxxxxxxxxx>
- Subject: RE: [registrars] FYI re: Transfers
- From: "John Berryhill" <john@xxxxxxxxxxxxxxxxx>
- Date: Thu, 20 Sep 2007 12:09:31 -0400
- In-reply-to: <009c01c7fb96$163d97f0$a400a8c0@blackdell>
- List-id: registrars@xxxxxxxxxxxxxx
- Organization: John Berryhill, Ph.d., Esq.
- References: <46F275E2.6050503@tucows.com> <009c01c7fb96$163d97f0$a400a8c0@blackdell>
- Reply-to: <john@xxxxxxxxxxxxxxxxx>
- Sender: owner-registrars@xxxxxxxxxxxxxx
- Thread-index: Acf7j5dDGBAczEWaSdavffIFvQp0GQABW/JgAAIz/JA=
>"domains that have expired and are in the auto-renewal period are still
>eligible for transfer to another registrar except under nine limited
>circumstances...."
There is a fundamental problem here, though.
If I enter into a service contract on 20 September 2007 with Tom, and the
contract specifies that I am to receive the contracted service for one year,
then Tom's obligation to me ends on 20 September 2008. Now, our contract
may include a number of voluntary renewal provisions and may limit Tom's
obligation to perform specific services for a longer period than one year,
however when I enter into a contract for services for a term, then I am
entitled to know when that term ends. Both parties are entitled to clarity
as to term.
This reduces to a Groucho Marx quiz question:
1. "How long does a one year contract last?"
It doesn't require a lawyer to answer that question.
But I would put the following question to the advocate of nebulous
"extra-term obligations":
2. Specifically how long is a registrar obligated to provide services under
a one year registration contract? A year plus 30 days? A year plus 45
days?
If one cannot define the term of obligation, then I think more than one
registrar is going to have its accountants and auditors slitting their
wrists if they cannot assign a fixed term of obligation to a registration
contract.
Post contract-expiration terms can be permissive, but I cannot see how they
can be made mandatory - at least not in the US since passage of the 13th
Amendment.
On the "whois change" matter, I believe Tim Ruiz may have a few words about
voluntary and non-onerous security measures. I can say that in hi-jacking
situations, if the name hits GoDaddy, then one has at least 60 days to catch
up with it there.
When a domain can be subject to two registrar transfers in rapid succession,
then the Transfer Dispute policy breaks. The TDRS is premised on a one-hop
unauthorized transfer. In a two-hop hi-jack, the second hop is formally
"authorized", and the first hop cannot be remedied because the intermediate
registrar cannot transfer the domain name back even if the first hop WAS
unauthorized.
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