Legally there is no problem. Once a domain expires and is placed in the
common pool, anybody can registered it.  We run a script that automatically
checks for domains that we are interested in and registers them on the spot
if they show up available.  We pick up several domains a week this way.

The fact that we know it has expired and should show up in the common pool
in x days has no bearing on the issue, legally.  Our script would pick it up
regardless of whether we knew it would be released or not.  The only
advantage this gives us is that we know to add the domain name to our
script.  Of this assumes that OpenSRS releases domain names on the schedule
that they have stated.

The question is more one of a ethical issue, not a legal issue.

By notifying them of our intentions to register the domain name if it
becomes available, and allowing them to buy the domain at the regular
registration cost with a few months after it has expired and being placed in
the common pool should take care of the ethical issue.

After all if joe sixpack registered the domain name after it became
available again, they would not be able to get it back.  So by allowing them
to have it back within six months from the time it expires we are being more
than ethical with our clients, as I see it.

But I would be interested in other viewpoints.  Are you saying it is illegal
or unethical to ever buy a domain name that was once owned by one of your
clients who had let it expire?



-----Original Message-----
From: Swerve [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, April 18, 2001 9:57 AM
To: easygoing; Chuck Hatcher; [EMAIL PROTECTED]
Subject: Re: Registering Expired OpenSRS Domain Names (was Re:Slowing ?)


If i was doing what you were doing, i'd get a good lawyers opinion about
this.

sWerve

> From: "easygoing" <[EMAIL PROTECTED]>
> Date: Wed, 18 Apr 2001 09:24:19 -0500
> To: "Chuck Hatcher" <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]>
> Subject: RE: Registering Expired OpenSRS Domain Names (was Re:Slowing ?)
>
> After thinking about your response for a few minutes, I have decided that
if
> I do register a domain that one of our clients is letting expire, I will
> sent them an email telling them that I intend to register the domain name
> for our own use if they do not renew it.
>
> At worse, this might get them to renew the domain name if they think
> somebody else wants it, at best they will tell us to go ahead, but either
> way they can not later state they were unaware that we would register the
> domain name if they did not.
>
> I think that would handle the potential ethics problem.
>
>
> -----Original Message-----
> From: easygoing [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, April 18, 2001 9:19 AM
> To: Chuck Hatcher; easygoing; [EMAIL PROTECTED]
> Subject: RE: Registering Expired OpenSRS Domain Names (was Re:Slowing ?)
>
>
> As a reputable hosting company, it would be necessary to sell the domain
> name back to the original owner at the normal registration fee if they
> requested it in a reasonable amount of time.
>
> So the question is what is reasonable.  I would believe three months at
the
> minimum would be reasonable, six months at most.
>
> However, we do not register domain names in the name of our hosting
company.
> We use a holding company for that.  So the previous owner would not know
we
> registered it, but we would still give it back to them if they requested
it
> with in a six month period.
>
> We believe in treating others as we would like to be treated so this is
now
> we handle all our business dealings.  Occasionally this costs us money as
> not all our clients operate this way, but we can sleep with a clear
> conscience each night.  They can worry about theirs.
>
> We currently sent out three email notices for domain names, a 60 day
notice,
> a 30 day notice and a deactivated day notice.   We also send a final
notice
> 30 days into the deactivation.
>
> We initially sent out a letter as well, but did not receive enough
response
> from the letter to justify the time and expense, so we discontinued
sending
> out warning letters.
>
> But I do understand the point you are making.  I agree that the record
> created date should be the date you registered it if you registered it
from
> the common pool.  But if you registered it and transferred it during the
> deactivated period, then it should show the original date.
>
> I understand that in your case, you were not the original RSP.  This
comment
> is just in general, not applied to your specific case.
>
> -----Original Message-----
> From: Chuck Hatcher [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, April 18, 2001 8:55 AM
> To: easygoing; [EMAIL PROTECTED]
> Subject: Re: Registering Expired OpenSRS Domain Names (was Re:Slowing ?)
>
>
> I worry about what the previous owner will think when they realize they
lost
> the domain name, and see who owns it now.  There is a potential conflict
of
> interest in that you may be tempted to not make a very great effort to get
> them to renew if you are hoping to register the name when it expires.  If
> you are willing to transfer it back to them if they eventually pay for the
> renewal, no problem.  But how long do you wait before it is truly "yours"?
>
> This is complicated by another OpenSRS glitch:
>
> I registered a domain name that had been registered at OpenSRS, expired,
and
> was dropped.  It was not in my reseller account, so I don't see any
conflict
> of interest for me.  But the "Record Created" date in the whois is still
the
> original registration date, so I can't easily prove it ever expired (other
> than by pointing to the expiration date which is not the same month and
> day).  I think the Record Created should be the day I registered it, as it
> would be if I had registered it at another registrar.  Anyone else have a
> similar experience or concern?
>
> ----- Original Message -----
> From: "easygoing" <[EMAIL PROTECTED]>
> To: "Alex Brecher" <[EMAIL PROTECTED]>;
> <[EMAIL PROTECTED]>
> Sent: Wednesday, April 18, 2001 9:14 AM
> Subject: RE: Slowing ?
>
>
>> Down to a crawl.  But what amazes me is how few are renewing the existing
>> domain names.  Less than 10% so far.
>>
>> Some are good names, many are junk, in my opinion.
>>
>> Any rules about us picking up some of the good names if our client does
> not
>> renew them within the 40 day period?
>>
>> Not for resell, we don't believe in reselling domain names.  But there
are
> a
>> few that would make a good site and we do buy domain names for future use
> in
>> site development.
>>
>> We currently have over 100 sites that we maintain, with another 80 being
>> developed.
>>
>> -----Original Message-----
>> From: [EMAIL PROTECTED]
>> [mailto:[EMAIL PROTECTED]]On Behalf Of Alex Brecher
>> Sent: Tuesday, April 17, 2001 7:04 PM
>> To: [EMAIL PROTECTED]
>> Subject: Slowing ?
>>
>>
>> Hi, have all of you seen a slow down in domain name registrations over
the
>> last few days - or is it just me ?
>>
>> Best Regards,
>>
>> Alex Brecher
>>
>> Visit us at http://www.Successfulhosting.com
>> We'll make your web site a success!
>>
>
>
>
>


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