Re: Transfers: A bit of an explanation

From: Anthony DiPierro (opensrs@inbox.org)
Date: Sun Apr 02 2000 - 14:54:10 EDT


On Sat, 1 Apr 2000, Tiger Technologies wrote:

> At 4/1/00 7:05 PM, sys@zanmai.com wrote:
>
> >You too can implement a written contract in *addition* to TuCows/ICANN
> >rules and regs, it's a free world/country (mostly) and the law of contracts
> >between consenting individuals rule. So draft up an agreement/contract
> >that states that if for any reason the registrar/reseller is not paid
> >by the consumer, that all right title and interest in said domain shall
> >transfer to the registrar/reseller.
>
> Good idea, but how would you get the name actually transferred to you if
> the person had changed the password and was still using it? OpenSRS isn't
> about to just give it to you, so I think you'd have to go through the
> ICANN dispute process or get a court order, which would certainly be a
> bigger pain in the ass than it's worth.
>
>From OpenSRS's perspective, who has the ultimate rights to control the
domain? Untimately, it must be "whoever has the password to the manage
section". If it is "whoever is listed as billing contact," it is trivial
for whoever has the password to the manage section to change the billing
contact to his/her name. This could be the reseller, someone looking
over your shoulder, your employer monitoring your internet traffic. Gee,
I always thought netsol was being retarded not allowing you to change the
"registrant" field without going through a painful process (expidited for
$199). But now I see that's really the only way that makes sense. This
whole process has been very interesting for me, as we've gotten to see why
netsol does NIC handles the way they do, why they make registrant
transfers so difficult, what some of the real costs and liabilities are in
offering domain names, etc.

I'd love to hear others' solutions to this problem.



This archive was generated by hypermail 2.1.3 : Tue Oct 19 2004 - 23:35:28 EDT