elliot noss wrote: > 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.
You're claiming you can modify the registrant agreement to avoid being subject to ICANN consensus policies. That's utter nonsense. If registrars can do that, the RAA is meaningless. > 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. "Other registrars started violating their contracts first" is hardly a legal defense. I expect those other registrars will be stopped. > wishing for some idealized expiry process will not make it so. That's disingenuous; I'm sure you're aware that Verisign will probably soon obtain ICANN approval to start an auction service at the registry level that will end the practice of hammering the registry to get dropping domain names, solving the unfair reallocation problem. I'm going to speak plainly: What you're proposing (and what some other registrars are engaging in) is domain theft; nothing more, nothing less. ICANN consensus policy (as expressed in the EDDP) makes it clear that domain names that aren't renewed must be deleted, not seized to benefit me or you. The current system of reallocating those domain names isn't fair, but registry auctions, for example, can change that to give nobody a particular advantage based on the fact that they have tons of registry connections, or the fact that they were involved in a previous transaction for that name. Your proposal doesn't make things more fair; it simply shifts the unfairness around to permanently benefit you, even if a fairer solution is eventually implemented at the registry. In a nutshell, your defense comes down to "if we don't rig the system so that we get the advantage, someone else will". That's repulsive. -- Robert L Mathews, Tiger Technologies http://www.tigertech.net/ _______________________________________________ domains-gen mailing list [email protected] http://discuss.tucows.com/mailman/listinfo/domains-gen
