hi Patrick,
Thank you for your input.
My statements may have unjustly implied a bias on the part of Mr. Radar. His
position at Tucows , a competing registrar, and his point of view in regards
to 'cybersquatting' would serve us all good.
As well, I would like to ask Mr. Radar whether or not he has any information
of domains being "hijacked" from OpenSRS.
Recently, (2) gentlemen made me aware of a competing registrar (I beleieve
it was AWRegistry) that had allowed non-registrants of domains to file
"transfer of registrar" requests through their registry services. The
background and verification checks must have been absent, because both
domains were transferred (from OpenSRS) to the competing registrar WITHOUT
permission from the actual Registrants. In both cases the actual registrants
stumbled across the WHOIS records coincidently and noticed the new
registrant information.
In both circumstances, OPenSRS has/had been unhelpful in reclaiming the
domains for the actual registrants.
After the domains were transferred to the competing registrar the
"hijacker(s)" then performed another "transfer of registrar" request and
moved the domains to Register.com. Register.com also refused to aid the
original registrants in their struggle to reclaim the domains.
Once again, the statements above are second-hand, so I cannot confirm the
information given to me. However, it is interesting to bring up into
conversation the possibility of this occurring and the accountability
registrars have or don't have in these situations.
Mr. Radar's comments are welcome.
--Chris
>From: "Patrick Corliss" <[EMAIL PROTECTED]>
>To: <[EMAIL PROTECTED]>
>CC: "Christopher Stewart" <[EMAIL PROTECTED]>, "Ross Wm.
>Rader" <[EMAIL PROTECTED]>
>Subject: Re: Register.com snaps up Afternic.com
>Date: Sat, 16 Sep 2000 18:12:57 +1000
>
>Hi Chris
>
>The word "cybersquatting" was in a quote from Ross Wm. Rader, the Director
>Product Management, Channel Platform Group, Tucows Inc. He can be said to
>represent the views of the registrar, OpenSRS. As such he is reasonably
>authoritative.
>
>However, Ross in turn was quoting the official views of ICANN when he said:
>
> >> They [ICANN] have officially stated for the record that they will under
> >> no circumstances accredit a firm that actively engages in, or knowingly
> >> facilitates cybersquatting. Further, they denied accreditation to
> >> AfterNIC on this basis.
>
>That statement is carefully worded to suggest that Ross is not alleging
>that
>Afternic is a "cybersquatter". Furthermore, Ross is not even saying that
>ICANN accused Afternic of being a cybersquatter (tho' you may imply it)..
>
>Simply that "they denied accreditation on that basis".
>
>Which as we know led to a court case and a deal with register.com.
>
>But as a holder of a number of domain names myself, I do agree with your
>implication that selling a domain at a profit is often labelled as
>"cybersquatting" by default rather than a commercial exchange governed by
>the same laws as any other commercial exchange
>
>Furthermore, I agree with you when you say that the term 'cybersquatter' is
>frequently misused and defined incorrectly, thus leaving those in this
>community, and the internet community as whole, with a bad taste in their
>mouth whenever 'domain selling' is mentioned.
>
>That was particularly evident in a private posting on estamps.com where I
>wrote:
>
>I am personally satisfied that if someone comes along and registers:
>
> things-go-better-with-coca-cola.com
>
>they are directly infringing the proprietary rights of Coca Cola (both
>copyright and trade mark rights). But if somebody registers e-oven.com,
>e-TV.com or e-stamps.com, they are merely adapting an old idea to a new
>medium.
>
>In that case I do not know the facts (causing me to remark "interesting"
>and
>wait for further comment) but on the face of it it very much looks to me as
>if Dave Lahoti was entitled to the domain name on the:
>
> (a) first-come, first-served basis and
> (b) no obvious breach of their proprietary rights
>
>Which, I might add, were doubtful and not well-established in the first
>place.
>
>At least I had not heard of them.
>
>Regards
>Patrick Corliss
>
>
>
>
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