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

[Roland Perry <roland@xxxxxxxxxxxxxxxxxxxxxxxx>]

In message <716d09d70905111053t60656bu67797746f6af3f37@xxxxxxxxxxxxxx>, 
at 13:53:21 on Mon, 11 May 2009, George Kirikos <icann+rap@xxxxxxxx> 
writes
> "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?
"Bad faith" is only one of several possible reasons why a registration 
might be abusive (we haven't got our teeth into that full list of 
circumstances yet).
> 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."
The [alleged] abuse may not arise until later, for example the case of 
myspace.co.uk where there was a protracted action over an alleged abuse, 
despite the fact that the original registration predated Mr Murdoch's 
"Myspace" company by several years.
And to put on the record something I mentioned on the call today - if 
there are any instances where inaccurate or incomplete whois information 
can be an abuse, then this can arise at any time (because the whois 
information can be changed at any time).
--
Roland Perry