The scripts can't purchase a domain until it is released to the pool, so it
would be hard to do otherwise than wait the 40+ days for it to become
available.
Unlike some RSPs, we do not keep client username and passwords on file, so
we would have no way of purchasing the domain name before it was released
into the namespace.
The question evolves around whether it is ethical for a RSP to purchase a
domain that was owned by a client. As one response pointed out, the RSP
might not notify the client if he wanted to purchase the domain name after
it became available.
I think my solution of notifying the client that I may purchase the domain
if the client lets it expire and allow the client to purchase it back for
the registration fee within six months after it expires solves the ethical
problem.
As I pointed out to a different responder, there are no legal questions
about purchasing a domain after a client lets it expire, since it is
available for anybody to purchase, there are only ethical ones.
-----Original Message-----
From: Charles Daminato [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, April 18, 2001 11:28 AM
To: easygoing; Swerve; [EMAIL PROTECTED]
Subject: RE: Registering Expired OpenSRS Domain Names (was Re:Slowing ?)
You must, at least, give them the 40 day window. It's illegal to act on the
domain during this time (unless you renew the domain for your customer out
of sheer benevolence until such time as they give proof they are no longer
interested in the domain). If you are only proposing to purchase domains
AFTER they get re-released into the namespace (more than 40 days after
expiry), then that's a free and open thing :)
Charles Daminato
OpenSRS Product Manager
Tucows Inc. - [EMAIL PROTECTED]
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of easygoing
> Sent: April 18, 2001 12:19 PM
> To: Swerve; [EMAIL PROTECTED]
> Subject: RE: Registering Expired OpenSRS Domain Names (was Re:Slowing ?)
>
>
> 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!
> >>
> >
> >
> >
> >
>
>
