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

[Roland Perry <roland@xxxxxxxxxxxxxxxxxxxxxxxx>]

In message <716d09d70905290556hc5e712dnb1488ccd2c26a1e1@xxxxxxxxxxxxxx>, 
at 08:56:18 on Fri, 29 May 2009, George Kirikos <icann+rap@xxxxxxxx> 
writes
> > the regulator as the result of some misbehaviour. The BoR does not cancel
> > the domain registration (as would be required by that registry's T&C).
> >
> > Does the failure to cancel the domain amount to registration abuse?
> >
> > Would it be mitigating circumstances if they removed their website and
> > arranged for emails to bounce (ie didn't *use* the registration) but
> > nevertheless still insisted not to cancel the registration.
> I would say that failure to cancel the domain is an "abuse", however
> it would not be a "registration abuse."
A "failure to deregister" abuse. Sounds like we need a complete new WG 
to address that issue, if this WG has the very tight remit that's being 
suggested.
> That "T&C" would be terms and conditions of "use" for the period after
> the creation date. e.g. one part of the T&C might be that during the
> life of the domain name, any website must have an EV SSL certificate.
> If one violated that term, one would be in breach of the terms of
> "use."
What if the T&C said that if you violated the conditions you were 
required to de-register the domain?
> When you used the example of removing their website and arranging for
> emails to bounce (e.g. by eliminating the nameservers of the domain),
> you call that "didn't use the registration." Not using something is a
> kind of "use", just like the concept of "passive holding" is a kind of
> "use" (i.e. nonuse!) that can be used to meet the 2nd bad faith test
> in the UDRP context (where one has to prove bad faith use, i.e.
> passive holding = bad faith use).
Sorry, that was a straw man to see if the 'mitigating circumstances' I 
mentioned could allow the registrant to plead that he didn't have to 
cancel the registration as long as he wasn't "using" it.
But as you point out, not using the registration is a form of use, so 
the registrant's only option to comply is to de-register.
--
Roland Perry