RE: [gnso-irtp-pdp-jun08] one other request for Marika -- a preliminary flow chart

["Trachtenberg, Marc H." <MTrachtenberg@xxxxxxxxxxx>]

All,

Quick question?  For scenarios 1-3, is there an issue of whether the registrars 
are contractually able to transfer domain names to another registrar without 
approval from the registrant? The registration agreement is the contract 
between the registrant and registrar.  I do not recall ever seeing a provision 
in a registration agreement allowing the registrar to freely transfer any 
domain name to another registrar.  Additionally, is it possible that doing so 
would violate the RAA?



Marc H. Trachtenberg

Winston & Strawn LLP
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[cid:426285015@13112008-0B02]







________________________________
From: owner-gnso-irtp-pdp-jun08@xxxxxxxxx 
[mailto:owner-gnso-irtp-pdp-jun08@xxxxxxxxx] On Behalf Of Marika Konings
Sent: Thursday, November 13, 2008 3:59 AM
To: Mike O'Connor; Gnso-irtp-pdp-jun08@xxxxxxxxx
Subject: Re: [gnso-irtp-pdp-jun08] one other request for Marika -- a 
preliminary flow chart

Dear All,

In order to develop a flow chart as requested by Mike O'Conner, we believe it 
is first necessary to define in further detail the different bulk transfer 
scenarios and determine which conditions, if any, need to apply to each 
scenario. In order to facilitate this discussion, Olof and I have made a first 
attempt of defining the different partial bulk transfer scenarios that have 
been discussed. This outline could form the basis for our next discussion. 
Please feel free to circulate any other scenarios that should be added to the 
mailing list.

Scenario I - Partial Bulk Transfer following ICANN accreditation of a reseller
A reseller becomes an ICANN accredited registrar and may decide to become the 
registrar or record for those domain names for which it has been accredited.

Scenario II - Partial Bulk Transfer between registrars
A registrar may decided to move a certain number of domain names to another 
registrar, e.g. linked to one gTLD because there is agreement to no longer sell 
domain names in the gTLD in question.

Scenario III - Partial Bulk Transfer in case of a (partial) merger or 
acquisition involving a registrar
As a result of a partial merger or acquisition by a registrar, a number, but 
not all, domain names are transferred to the new registrar.

Scenario IV - Partial Bulk Transfer initiated by a registrant
A registrant decides to move part of his/her portfolio, but not all, e.g. as 
part of a partial merger or acquisition.

A next step might be for the group to identify the different questions for each 
scenario which might define whether a different approach for each scenario is 
required. Some of the questions that would need to be addressed include; should 
a fee apply, notification/opt-out possibility, renewal, min/max number, etc.

With best regards,

Marika


On 11/11/08 5:05 PM, "Mike O'Connor" <mike@xxxxxxxxxx> wrote:




hi all,

as Paul wrapped up the call with some action-items for Marika, i was
itching to get in there with one more request.  could Marika come up
with a preliminary version of a flow chart (like the one at line 301
in the draft) of the sequence of steps in the partial bulk transfer
process?  purely for discussion purposes of course.  it would be
really helpful for me to puzzle through this stuff.

thanks.  sorry i soaked up so much time late in our call -- i didn't
mean to do that.

mikey


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