Jack,
a) Your analysis of the UDRP is indeed correct.
b) the names in question cannot be transferred to another registrar or
another party because they have been locked.
c) My immediate feeling is that this is a simple mistake that we are
currently looking into to make sure that we all get to the correct
conclusion.
To all others, it is the Registration Agreement that is governed under
Canadian law as per ICANN and *not* the UDRP which Jack has already pointed
out.
-rwr
< -----Original Message-----
< From: [EMAIL PROTECTED]
< [mailto:[EMAIL PROTECTED]]On Behalf Of Jack
< Sent: Friday, February 23, 2001 2:03 PM
< To: Josh Miller; [EMAIL PROTECTED]; Chuck@Tucows. Com
< Subject: RE: Re: Domain Disputes - TUCOWS is now acting as judge and
< jury!!!
<
<
< The bottom line is this...ICANN says in their UDRP that a lawsuit can be
< filed in EITHER the principal office of the Registrar (provided the
< domain-name holder has
< submitted in its Registration Agreement to that jurisdiction for court
< adjudication of disputes concerning or arising from the use of the domain
< name) OR the domain-name holder's address as shown for the
< registration of
< the domain name in Registrar's Whois database at the time the
< complaint is
< submitted to the Provider.
<
< This is for everyone's protection...there are now registrars
< everywhere in
< the world, do you want to attempt to litigate a lawsuit in India or
< Australia OR CANADA????
<
< That is why ICANN has the second choice of having the dispute
< settled where
< the domain is registered!
<
< TUCOWS seems to think that this ICANN rule doesn't apply to them.
<
<
<
<
< ______________________________________________________________________
< Get Your Own Private, Free Email Account at http://www.dotcomemail.com
<
< -----Original Message-----
< From: [EMAIL PROTECTED]
< [mailto:[EMAIL PROTECTED]]On Behalf Of Josh Miller
< Sent: Friday, February 23, 2001 1:30 PM
< To: [EMAIL PROTECTED]
< Subject: RE: Re: Domain Disputes - TUCOWS is now acting as judge and
< jury!!!
<
<
< And what if someone wants to hurt a competitor? Just file a dispute and
< their domain is useless until it is resolved...It doesn't matter if the
< dispute is valid, I expect it would take at least a few days for
< that to be
< decided and the domain released.
<
< -
< Josh
<
< -----Original Message-----
< From: [EMAIL PROTECTED]
< [mailto:[EMAIL PROTECTED]] On Behalf Of [EMAIL PROTECTED]
< Sent: Friday, February 23, 2001 20:56
< To: [EMAIL PROTECTED]
< Subject: Re: Re: Domain Disputes - TUCOWS is now acting as judge and
< jury!!!
<
<
< Even if this is the case the domain dispute is over the right to use the
< domain.. Thus making a profit of this domain would be part of
< the right of
< ownership... does not really make sence.. if the case went on for an
< indefiniate period of time (and could be prolonged too) monies will still
< be made of the domain when there is no clear right.
<
< Michael Pappas
< Clickn'Go! (Aust)
<
< >Unless the court decides a domain should be unusable,
< >then it keeps working until the issue is resolved.
< >
< >reg-lock means it can't be transferred or the admin info
< changed, i think.
< >
< >swerve
< >
< >> From: [EMAIL PROTECTED]
< >> Date: Sat, 24 Feb 2001 04:30 +0100
< >> To: [EMAIL PROTECTED]
< >> Subject: Re: RE: Domain Disputes - TUCOWS is now acting as judge and
< jury!!!
< >>
< >>
< >>> The domain is still in "Registrar-Lock" state at the registry level,
< >>> meaning that transfers (or nameserver modifications) will
< not occur at
< >>> this time.
< >>
< >> If the domain is in this state how do you know.. I don't mean you
< directly
< >> Chuck... In mean in general.. Is there anything in the whois..???
< >>
< >> If this is the case.. the domain foamy.com is in 'reg-lock' how is the
< >> domain still running it's DNS settings. If the rightfull owner of this
< >> domain is not yet resolved how is it possible that one and
< not the other
< >> is make money of a disputed name. Shouldn't all domain in dispute be
< taken
< >> down for the deliberation of the case. WIPO or Court case.. which ever
< may
< >> be the case...
< >>
< >> Regards,
< >>
< >> Michael Pappas.
< >> ClicknGo! (Aust)
<
<
<
