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

  • To: gnso-rap-dt@xxxxxxxxx
  • Subject: Re: [gnso-rap-dt] Registration vs. Use / Scope Issues
  • From: Roland Perry <roland@xxxxxxxxxxxxxxxxxxxxxxxx>
  • Date: Mon, 11 May 2009 23:06:05 +0100

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

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