Robert and all, It's the Registrants duty to keep the record accurate, but that doesn't change the responsibilities of the Registrar.
At this point we are just dealing with WHO gets the cash, aren't we? It's either Tucows and Company, Pool, Snapnames, or a speculator. Nobody without thousands of dollars in gear and bandwidth can hope to secure domains at the drop. In my view, there's no "damages" if Tucows emulates the drop process privately, so what's the downside? If anyone "AWOL" takes legal action, there are no damages. The classic "but for" legal test results in no change of position of the former Registrant, and that's in reality, not merely in fine print. So why no proceed? In contrast, NSI has relied solely on fine print and, in reality, there ARE damages. They've "waived their right" to cancel domains early by non-enforcement -- their policy for years! I doubt that some material change in agreement would be enforceable, absent explicit consent. Tucows is proposing no material changes, are they? In support, I belive the ICANN agreement is what's called an "adhesionary agreement" -- one you cannot avoid -- and therefore may not carry as much weight as the U.C.C. among U.S. companies like NSI. Specifically, I'm thinking of the part where it says, "although Registrar may choose to cancel the name earlier." Perhaps, the courts will have a different view! The victims here are mostly consumers, not members of the merchant trade like us who are in the know. Best, Loren ------ Original Message ------ Received: 01:50 PM PST, 03/08/2005 From: Robert L Mathews <[EMAIL PROTECTED]> To: discuss-list@opensrs.org Subject: Re: NSI-- What Arrogance! Loren Stocker wrote: > None of this illegal or unethical, WITH consent. Yes, of course; the registrant would then simply be designating Tucows as his or her agent to sell it, which is just fine. My message was questioning what happens if, as James put it, "the previous registrant is AWOL during the renewal process". (And I'll add one more objection here: if the previous registrant is AWOL, Tucows usually won't be able to contact the registrant to provide his or her portion of the auction money anyway. So then what happens? I presume Tucows and/or the reseller are going to keep the cash. If so, the "we're doing this to help registrants" excuse is painfully disingenuous. But perhaps I'm selling Tucows short. James, care to comment on what happens to unclaimed registrant auction money under the Tucows plan?) -- Robert L Mathews, Tiger Technologies http://www.tigertech.net/
