Re: [gnso-pednr-dt] Ownership of domain names: some hard questions

["Michele Neylon :: Blacknight" <michele@xxxxxxxxxxxxx>]

On 10 Dec 2009, at 20:19, Mike Rodenbaugh wrote:

> Michele,
> 
> Registrants ARE asking, they have asked ICANN, and they are asking via this
> WG to for ICANN to come to some clarity.

Where? The entire problem we've had since this WG started is concrete examples.

There's plenty of rumours, but very little actual evidence


>  It is within remit of this group
> to try to make some recommendations in that regard.

Ok, but if you expand from the all too vague "some" into something tangible 
there have to boundaries

Maybe this will be easier when the new registrants rights and responsibilities 
document / charter is put together.

>  "In the agreement or
> its not" are not the only two possibility, something could be 'more
> prominently and clearly in the agreement', and that is something we should
> work towards... minimum concepts that must be prominently and clearly
> disclosed, because they are not well understood today and they benefit
> registrars in a way that is unseemly to much of the rest of the community.

So what would you like to see?



> If registrars are going to continue to takeover domains at expiration, and
> do whatever they want with them, that prominently should be disclosed at the
> time of registration and expiration.

Prior to registration or at registration is one thing, but how can it be 
communicated at time of expiration if the registrants ignore notifications etc?



>  The big difference with your real
> estate analogy is that the price of the real estate is not likely to
> exponentially jump if the former tenant has second thoughts and wishes to
> release the property that they had presumably previously invested in.

I'll stick to my real estate analogy.
If I had leased a piece of property to someone in 1988 and the lease was fixed 
for say 10 years. I might have had the option to increase the lease by a small 
percentage per annum.
However, once the tenant relinquishes the lease I am free to issue a new lease 
at whatever I deem the market value of that property to be now.

And to keep this all within scope,  the entire point is whether or not 
registrants are given "reasonable" opportunity.

If registrars are denying registrants the ability to renew domain names then 
obviously that is wrong.

However it is all too often the case that registrants ignore all notifications, 
don't update their contact details, don't update their payment details etc., 
They then try to lay the blame on someone, who all too often would be the 
registrar

One conversation we had with a very disgruntled registrant involved them 
explaining that while they had not updated any of their contact details they 
assumed that we would have known how to contact them.


> 
> As you know, I certainly don't think all registrars are terrible, and I
> didn't read Siva to be saying that.

Well then we'll have to agree to disagree.

His email was very clear to me.


>  We are only trying to get to some
> minimum standards so there is a basic, level playing field for all
> registrars and registrants.

I don't have an issue with minimum standards and as you know I'm not totally 
unreasonable.

Regards

Michele


Mr Michele Neylon
Blacknight Solutions
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