Your on the ball here. Your lawyer friend was reffering to the equity laws in Canada which govern the proceedure in small claims courts there. Just out of curiousity - which in small claims court jurisdiction is tucows or open SRS located. Does anyone from opensrs know? According to a domain search opensrs is located at #901 70 Dixfield in Toronto but the contract shows them at 5415 Dundas Street West - both addresses are west of the don river which divides the general courts jurisdiction. In any case - the main problem is you'd need a real yahoo who either lives in TO and wants to pay the bucks to make it happen. Small Claims is about $70 to start an action. Or someone willing to pay the paralegals to represent them. Would it be worth the value of the domain $10.00. I'd love to see it happen. Could be a rude awakening for ICANN and opensrs. Regards Joe On Sun, 2 Apr 2000, Coolfred Internet Services wrote: > > I had a discussion about this issue with a friend who is > an active corporate lawyer in Toronto. For me this issue > has been clearly settled now after his statement. He indicated > that according to law (at least in Canada), if you pay for > a property, be it a domain name or even an idea for the purpose > of reselling it and then your would be customer backs out on > payment for whatever reason, you as the reseller are the lawful > owner of that property. What OpenSRS (Or ICANN for that matter) > write in a contract would not matter because their contract > cannot go against the laws governing your local laws. OpenSRS > or ICANN can say that Mr. X, the end user, who we don't > even know is the owner. But unless in a court of law > they can show that Mr. X actuallY PAID for it, they stand NO CHANCE > and would have zero defense. So if you are REALLy worried > about losing to an end "luser" because they back out > and then OpenSRS or ICANN tells you "no it is not yours", > don't be. A lawsuit in a small claims court would easily settle > this. I hope things will not get to this point for any of RSPs. > I for one would opt for more friendly settlements, but > at the same time I advise OpenSRS to seriously reevaluate > this issue (with lawyers), because from what I understood > the notion of "you pay for it but the guy who clicked > on the > mouse owns it" will not stand in court. > > The ONLY time the court will give the name to the end user > or even allow OpenSRS to refuse to give ownership to you > (meaning the person who directly paid OpenSRS) is when > OpenSRS or the end user show that THE END-USER paid for this. > Fortunately for RSPs, the burden of proof lies on the > end-user > (or OpenSRS of they refuse a transfer of ownership to RSP) > to show who paid for the domain. > > Simply put it: You pay for it, you own it. No contract > written by OpenSRS can go against this and as my friend > lawyer said, the ONLY time OpenSRS can dispute your ownership > of the domain is if they directly charge a customer for > the domain. > > I strongly suggest the governing body of OpenSRS/Tucows > to look into this issue with professional lawyers, because > the position taken here (not necessary the action) so far > is not lawful and if a dispute occurs, the whole thing can fall apart. > > I for one, will continue to manually register domains > for my customers (meaning I have control), until this is > clearly settled. This best protects me and my legitimate > customers. > > > Farhad Sadeghi > Coolfred Internet Services > http://www.coolfred.net > > > > > --- David Denney <[EMAIL PROTECTED]> wrote: > >On Fri, Mar 31, 2000 at 08:05:02PM -0500, Scott Allan wrote: > >> There are risks to accepting credit cards, as I am sure you are aware. > > > >Yes there are. If somebody charges back their Internet Service > >I cut them off. If they refuse to pay for what they'v used, > >I send them to collections. > > > >> I am sure this will not be a big issue - as much as it seems to be a > >> theorhetical point of contention, practically I do not see it being a real > >> threat to anyone. > > > >If its not that big a threat, then why state emphaticly that > >you would refuse to assist an ISP in protecting their interests? > >There seems to be no reasoning. If _I_ paid OpenSRS for the > >registration, why should some luser get to keep it when you > >can do something about it? It will just result in a lawsuit. > >It is quite clear that whomever PAID for the domain is the > >rightful owner of it. > > > >> sA > > > >-- > >David Denney | D i m e n s i o n a l C o m m u n i c a t i o n s | > >[EMAIL PROTECTED] | DSL/V90/K56flex/V34/ISDN/Frame/T1/T3 starts @$12/mo | > >303.285.INET voice | http://www.dimensional.com/ [EMAIL PROTECTED] | > >888.3.DIMCOM tollfree | Denver * Boulder * Longmont * Bailey * CO-Springs | > > > >...they can have my ssh when they pry the keyboard out of my cold, dead hands! > > _____________________________________________________________ > Get your Free Email address at http://freemail.coolfred.org brought to you by >http://www.coolfred.net >
