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Username: antipodes
Date/Time: Thu, October 11, 2001 at 8:49 AM GMT
Browser: Netscape Communicator V4.74 using Windows 98
Subject: Afilias should declare an amnesty on Sunrise frauds while


reminding each them of the penalties for TM fraud.

This of course is predicated upon whether or not in the circumstances - applicants attempting to gain advantage in an Internet domain lottery - "fraudulent" applicants were actually breaching TM laws.

I have yet to receive an authoritative opinion on this cogent point.

My recommendation to a reputable company finding themselves in Afilias's circumstances would be to email all of those who apparently breached the Sunrise qualifying criteria - that includes the turds amongst the registrars - remind them of the penalties for TM fraud and remind them of the opportunity to delete false TM delails in their applications.

Afilias's job to delete "fraudulent" applications/registrations would have had a jump start - and a responsibly registry would have reduced its costs and time required to reestablish the integrity of their registry and be prepared for Landrush II.

As I suspect that Afilias will be judged complicit if applicants who provided false TM details are deemed to have committed TM fraud, Afilias has a greater motivation to clear up the matter and get as many fraudulent registrations off their books as soon as possible.  After all, it was Afilias's decision to register the applications of anyone, whether or not Sunrise applicants provided false or no TM data at all.

I feel certain that Afilias has a duty of care for the interests of its Landrush investors/customers, which it patently failed or chose to discard when it chose to register non-qualifying applications in Sunrise.

Should Afilias decide that it will sell new or more preregistrations for the disputed names for which Landrush I applicants already hold preregistration - names which Afilias's action or inaction took from the Landrush I barrel - then there will be no forgiving them their graft and greed and Hal Lubsen and the complicit members of ICANN and Afilias should go to jail for long terms.

I propose that as Afilias and its approved registrars have been enriched to the tune of 25,000 2-year .info registrations (10,000 5-year fraudulent registrations), the 5,000 names which remain the focus of Afilias's Landrush customers (who want's Plankenstein's/Ebner's road map of Austria?), then Afilias as a gesture of good faith could make the registrations of the disputed names in Landrush II gratis for all the heartache they have caused to the honest Landrush customers.  To do less will be selling the same product/service twice and save Afilias's and ICANN from litigation or serious penalties from the US Congress.

I remain really pissed-off at being cheated, and there apparently being no one withing Afilias or ICANN with the integrity to put it right.




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