there are two big facts to note. first, the ICANN agreement is subject to the contract between registrar and registrant, which was quoted earlier in the thread. second, tucows is not the first (or the second or the third or the fourth or........) to rely on contractual terms as are being described.
I think the point here is that it is one thing to talk about dropping names so that other individual registrants can register and use them and another to talk about dropping names so that a few insiders can monopolize the process for their own very narrow benefit. the fact that there is profit to be made is what led to the perversion of the expired process in the first place. what you are seeing here is a third-order reaction. nothing else. wishing for some idealized expiry process will not make it so. we feel, I feel, a responsibility to help our customers live inside the realities of the current market and to do so in a way that benefits service providers, registrants and, yep, us. Regards Elliot Noss On 8-Nov-05, at 1:49 PM, Robert L Mathews wrote: > James M Woods wrote: > > >> Regardless of whether or not the expiring reseller participates >> in the auction the domain will be put in auction at the time of >> expiry. >> > > So everyone is included even if they don't "participate"? How, ummm, > Orwellian. > > > >>> Or >>> will his domain name not be included in the auction at all >>> because he >>> didn't give explicit consent at that time? >>> >> >> consent is not required >> > > And yet the RAA, which is a legal agreement you signed with ICANN, > contains: > > "3.7.5 At the conclusion of the registration period, failure by or on > behalf of the Registered Name Holder to consent that the > registration be > renewed within the time specified in a second notice or reminder > shall, > in the absence of extenuating circumstances, result in cancellation of > the registration by the end of the auto-renew grace period (although > Registrar may choose to cancel the name earlier)." > > "3.7.5.1 Extenuating circumstances are defined as: UDRP action, valid > court order, failure of a Registrar's renewal process (which does not > include failure of a registrant to respond)...." > > "3.7.5.3 In the absence of extenuating circumstances (as defined in > Section 3.7.5.1 above), a domain name must be deleted within 45 > days of > either the registrar or the registrant terminating a registration > agreement." > > In other words, if the registrant doesn't consent to renew it (and pay > for it -- another part of the RAA prohibits registrars from > registering > or renewing domain names without payment), it needs to be deleted > at the > registry. The policy is designed to prevent registrars taking expired > domain names without the consent of the registrant, yet Tucows > plans to > do exactly that. Strange. > > Ah well. There's profit to be made, eh?! > > -- > Robert L Mathews, Tiger Technologies http:///www.tigertech.net/ > _______________________________________________ > domains-gen mailing list > [email protected] > http://discuss.tucows.com/mailman/listinfo/domains-gen > _______________________________________________ domains-gen mailing list [email protected] http://discuss.tucows.com/mailman/listinfo/domains-gen
