[gnso-rap-dt] Registration vs. Use / Scope Issues

[George Kirikos <icann+rap@xxxxxxxx>]

Hello,

After listening to the telephone call MP3 recording today, I tend to
agree with Mike O'Connor (and disagree with Mike Rodenbaugh) regarding
the scope issue of what "registration" means. As discussed with the
example of the UDRP, "registration" means something substantially
different that use, as has been determined in thousands of UDRP cases.
For example the WIPO summary of views at:

http://www.wipo.int/amc/en/domains/search/overview/index.html#37

says:

"3.7 Does the renewal of the registration of a domain name amount to a
registration for the purposes of determining whether the domain name
was registered in bad faith?

Consensus view: While the transfer of a domain name to a third party
does amount to a new registration, a mere renewal of a domain name
does not amount to registration for the purposes of determining bad
faith. Registration in bad faith must occur at the time the current
registrant took possession of the domain name."

Note in particular the last sentence, which truly defines registration
as an event that is at a  "point in time" rather than happening for a
DURATION of time.

If we were to expand upon the definition, I agree with Mike O'Connor
that we'd be treading upon dangerous territory. Some items might be in
a grey area, though (e.g. the glue records / nameserver spamming,
whereby the nameservers themselves ARE registered (in a point in
time), but not at the same point in time as the domain name is
created, i.e. see my prior post).

So I would say:

a) domain name created (creation date) --- IS a "registration"
b) domain name is transferred to a new registrant (change of
ownership) -- IS a "registration"
c) domain name renewal (no change in ownership) -- NOT a "registration"
d) creation of glue records / nameservers registered in WHOIS database
-- IS a "registration"
e) domain recovered after deletion (i.e. RGP) -- IS a "registration"
f) use of domain name after the creation date -- NOT a "registration"

Sincerely,

George Kirikos
http://www.leap.com/