> Easygoing said:
> Friday, May 11, 2001, 11:03:25 AM, easygoing wrote:
> And yes, William, this is legal. At least two other
> Registrars allow this that have been in business as long as
> OpenSRS and neither one has lost their accredition. It just
> depends on how the contract is drawn up that is on the web
> site.
# William said:
# Just because they haven't had a rogue reseller abuse this yet and get
# caught with their pants down (thus forcing a review of their policies)
# doens't make it legal.
I've been quite silent about this matter, but now I really feel I should comment.
There have been situations in the past where a customer has tried to stiff us
for registry fees, hosting costs, whatever. In the case of uk domain names,
we have been fine because Nominet takes the view the the contract is between
the registrant (WebWorlds.Net) and the customer.
Nominet's view is that the registrar should act as impartial auditor of domain names,
controller of the registry system and impartial mediator in the event of problems.
This seems to work very well and is a fair system. If we (the registrar) abuse
our priviledge, Nominet will rule on the side of the customer, otherwise the
customer has to pay up or shut up.
Nominet are a monopoly, but they are governed by a strict set of conditions, which
they are highly aware of, given the UK government's usual stance on abuse of
monopoly position.
It seems to me that ICANN have really got the model totally wrong, which doesn't
seem very suprising given the mess they are making of the new gTLDs. Given a clean
sheet, I'm sure we could all come up with a better solution. However, we have to work
with what we have, so how about a new model for the OpenSRS? Please feel free to
comment and modify these suggestions, but don't just mock them, because we really
have to sort out something that works.
1. The contract for domain registration is between the OpenSRS reseller and customer.
2. OpenSRS maintain the domain structure, that is to say the ability to register,
modify & delete domains, and takes care of the administration thereof.
3. Resellers take care of billing and caring for their customer. They can provide
account details to customers at their discretion, whether through
the OpenSRS system or through their own, which I know happens already.
4. In the event of dispute, OpenSRS acts as an impartial mediator, with a defined
procedure, unlike the hotch potch in place now. OpenSRS can rule for the customer
or for the reseller.
5. There may be certain defined cases where the ruling will be known beforehand. For
example, the customer charges back their credit card, and therefore has not actually
paid for the domain, in which case the ruling is with the reseller.
6. There should be an appeals procedure whereby people who disagree with the ruling can
appeal - possibly from a selection of the more responsible people who post to
this list. This will keep OpenSRS fair too.
These 6 points seem to go a long way to fixing the fundamental problem, which is that
resellers are in the position where they can be screwed both ways; by the customer who
made the decision to get a domain without paying for it, and by the registry whom is
supposed to ensure that the system works. News for you, OpenSRS, if registrars get
messed up like this, they will go elsewhere and OpenSRS will start to fade, as well
as being a firm indication that the system is not working.
This is not a complex system, and any cries of "impossible" will be met with cynicism.
Anything can happen if there is the political will to make it happen. It seems to me
that ICANN really only wants the registrars to run the system so that they can be left
alone. Put in place the correct system and appeals procedure at the registrar level
and they won't have to be bothered, which will suit them just fine.
Costs to set this up can be met by OpenSRS, who are no doubt making a nice chunk of
money from charging more from domains than quite of lot of their competition.
Incidentally, given that this was originally a "for the community" effort, the
refusal to reduce reseller prices is very bad form. Again, something that must
be addressed if OpenSRS is to survive, let alone prosper in the long-term.
IMHO, as always. Replies to the list please - let's keep this discussion open.
--
Stewart Boutcher Systems Support
[EMAIL PROTECTED]
WebWorlds.Net - Internet Solutions For Business
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