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Username: richard_henderson
Date/Time: Sun, January 20, 2002 at 9:36 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Subject: What is clear is that Afilias broke its own contract


The ICANN .info contract was clear.

Registrars were not allowed to submit applications unless there was qualifying data in the four Trademark data fields - for TM name, date, country, and number.

Registrars did not have to be sure that the details were genuine (this was allowed to be "checked later") but they could not submit applications with "NONE" or "Don't know" or "11111111" or an ineligible date in the field.

What is absolutely clear is not only did the registrars breach that contract, but the registry Afilias then ACCEPTED these facially ineligible applications, in breach of the contract rules.

That was staggeringly irresponsible.

Afilias was not just the "victim" of some naughty registrants. They were "participants" in the fraud, because they chose to break the contract rules.

Even when their attention was drawn to facially ineligible names, or when the original applicant requested deletion, they refused to act (though the contract also allowed the to do so). Therefore the names were deprived to Landrush applicants because Afilias broke its own rules.

Afilias chose to break the rules.

The Registrars chose to break the rules.

They have all benefited financially as a result.      


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