At 03:06 PM 4/2/00 -0400, Anthony DiPierro wrote:
>On Sun, 2 Apr 2000, Tom McDonald wrote:
>
>>
>> Sunday, April 02, 2000, 10:08:00 AM, you wrote:
>>
>> Richard and all,
>>
>> OpenSRS is in a position established by ICANN whereby we must make
>> the contract between the Registrant and Tucows and we cannot
>> arbitrarily change the rules. In addition, we cannot give out
>> information (like a login/pass) for a property of someone else to
>> another person. It would make our lives much easier but we simply
>If I send OpenSRS a written statement that [domain name] is not the
>property of [end user], signed by [end user], (in the form of a chargeback
>statement),
Perhaps you need to contact your lawyer and have him draw up some specific
end user contracts and agreements. The hypothetical scenerio you propose
above is
not the most efficient way for you to protect yourself from these phantom
chargebacks.
> then OpenSRS is not giving information for a property of
>someone else to another person. Here is my question: Who owns the
>domain?
That can't be answered from the way you phrased your question or premise
above. You really should contact your own lawyer and have him/her prepare
whatever end user contract you think you need to cover your objectives.
> Whose property is it? *I* paid for it, [end user] didn't, so I
>would claim it's mine.
Paying and owning are 2 different things in the law. Once again your
lawyer can help you understand and prepare the appropriate forms.
>
>> are not allowed to do it in any way we have investigated. But you,
>> on the other hand, can do many things to make the system work for you,
>> as well as protect yourself from chargebacks, etc., even if we don't
>> provide the direct tools.
>>
>> For instance, you can add your own contract which states that you
>> own the domain name for the first 90 days or until such time as
>> funds have been irrevocably secured. Or (or in addition to), you
>What implications would this have for trademarked domain names? As the
>domain owner, would you be responsible?
Contact your trademark lawyer, only a licensed trademark lawyer could
possible give any useful answer to such a case specific question.
> Could you then be sued for
>trademark infringment? Could you be sued for negligence if you don't
>properly defend the end users rights to the domain?
A trademark lawyer can answer that for you ...
>
>> can do something like one RSP I know where he integrated the
>> OpenSRS management tool with his own control panel. A login and
>> password are not provided to the user for direct access to the
>> OpenSRS DB but rather, to your own. When changes are made they are
>> made to your local DB (this can include managing POP accounts, DNS,
>> whatever) and then some sort of cron job is built to check for
>> changes every 5 mins or so and if a change is found, it will make
>> the proper updates. This allows you to keep the real login/pass
>> hidden while still allowing for your user to make changes. And you
>> will be able to make changes on their behalf at any given time. Of
>> course, you'd need to address the need for clients leaving for
>> another RSP or breaking out a domain from their profile in the even
>> of a domain sale but that shouldn't be too much more work.
>All a user needs to do is transfer the domain and you are completely out
>of control of it.
Not if your lawyer prepared the proper end user agreement(s) and you
implemented them into your particular business model.
Cheers,
Eric Ross
QuickNames.com
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