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Transfer of Ownership

  • To: <transfer-comments-g@xxxxxxxxx>
  • Subject: Transfer of Ownership
  • From: "James B. White" <jimbo@xxxxxxxxxx>
  • Date: Tue, 18 Jan 2005 09:57:39 +1100

I am not a lawyer
The general principle however of transferring something someone "owns"
or has "licence" to in a default action (after 5 days of non contact) is
I imagine a minefield, and a principle badly thought out.

There are many Dead Domain names out there that should be able to be
reused, however if even one apparently dead domain is transferred by
default in error and causes financial loss, who pays, who pays in

A three month period of failure to respond to two different means of
contact, would be a fair and reasonable attempt to find an owner. The
Principle of a lost wallet handed in to the police would be a good
example of what is considered "fair and right", how long before the
finder can claim the wallet when not claimed, certainly not 5 days.

There are many small legitimate businesses with domain names that may
for many reasons, not respond to an email within 5 days. 
* Annual 2 week leave to a Fijian Island with no email or phone.
* SPAM filters can frequently filter legitimate email such as a domain
notification, these filters may well be outside the control of the
domain nominee. (And yes I have seen spam spoofed as from a registrar)

A system based on trust, on genuineness of the wallet finder, is why we
lock our cars and houses; it does not work most of the time.

If this level of control needs a bigger bureaucracy, then people who
register, transfer, trade etc in Domain names should pay the cost of
that privilege, and ultimately the cost should be passed on to the users
registering the domain. Domains are too cheap now in any case.

Perhaps the option should exist for registrants to lodge a security fee
with their registrar of choice that forbids the transfer of a domain
away from the "owner" without confirmation in writing, via fax or snail
mail or signed secure email allowing the transfer.

James B. White
C.S.H. Consultants Pty Ltd
Phone....:+61(0)3 97151033
Fax......:+61(0)3 97151400
Mobile...:+61(0)418 558 184
Snail....: Ukungu Shamba,75 Range Road, Merriang, Eden Park 3757 VIC 

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