Re: Transfers: A bit of an explanation

From: !Dr. Joe Baptista (baptista@pccf.net)
Date: Mon Apr 03 2000 - 04:08:55 EDT


On Mon, 3 Apr 2000, William X. Walsh wrote:

> On 03-Apr-2000 Coolfred Internet Services wrote:
> > A lawsuit in a small claims court would easily settle
> > this.
>
> So there you go. You have local recourse. No need for opensrs to do anything.
> Get a court order to transfer the domain, and submit it to opensrs, and you
> have the domain. But now instead of costing you $10, its cost you
> what...nearly $100 not including your time?

Yes - that's what I said too. But it would make headlines and be an
excellent test of ICANN's mettle. There is a second consideration
mentioned by Andy Gardner on the domain-policy list concerning domicile.

The resellers contract is with opensrs - so opensrs is the
respondent. Not NSI, or ICANN - so what happens when the court order is
presented to NSI. And would an Ontario court have the balls to issue a
court order essentially against a foreign government - it may not be
enforcible. And the costs to enforce will exceed the smalls claim court
filing fees.

Regards
Joe Baptista



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