Well the Tucows response to this matter is false on the points they do
address and evades most of the other points I address. The complaint,
according to WIPO, commenced on April 26, 2002. WIPO, and now Tucows,
has fabricated an earlier date and they won't address the other issues
about changing my phone number. Both Tucows and WIPO have copies of the
letter commencing the dispute showing the actual date.
Tucows needs a major overhaul in its management as well as a new
compliance manager who doesn't fabricate responses to please WIPO. It
is like dealing with Network Solutions all over again. I moved to
Tucows to get away from this crap.
Russ Smith
Hello;
Mr. Smith, let me explain my actions on behalf of Tucows with regard to
the change of the profile for this domain.
On April 24th WIPO requested registrar verification for a dispute that
had recently been launched. This verification consists of a series of
questions, one of which requires us to send the current whois.
As Opensrs is pretty diligent in updating it's whois database, I have
never found any reason to check the time stamp found at the bottom of
the whois.
In the case of this domain the time stamp clearly shows that the
profile information had not been updated within our database since April
10/2002.
This is what you brought to our attention.
As for why we honoured WIPO's request to change the whois information
back to reflect that which was listed in the complaint, we were abiding
by
the rules of the UDRP
(<http://www.icann.org/dndr/udrp/policy.htm>http://www.icann.org/dndr/ud
rp/
policy.htm)
Section 8(a).
This states (see highlighted);
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer
your domain name registration to another holder (i) during a pending
administrative proceeding brought pursuant to
http://www.icann.org/dndr/udrp/policy.htm#4>Paragraph 4 or for a
period
of fifteen (15) business days (as observed in the location of our
principal place of business) after such proceeding is concluded; or
(ii)
during a pending court proceeding or arbitration commenced regarding
your domain name unless the party to whom the domain name registration
is
being transferred agrees, in writing, to be bound by the decision of
the
court or arbitrator. We reserve the right to cancel any transfer of a
domain
name registration to another holder that is made in violation of this
subparagraph.
Since we believed that the whois information we had sent within the
verification was up to date, we were under the impression that the
whois profile had changed after the commencement of the WIPO
arbitration.
We apologize for our error and thank you for pointing this out.
The whois will be reverted back to reflect what was there at the
time that the dispute was filed.
We normally notify the registrant when any change to the profile is
being made, again, I apologize for this oversight.
Please feel free to contact me directly with any questions you may have.
Paul Karkas
Compliance Officer OpenSRS
Tucows Inc.
mailto:compliance@opensrs.org>compliance@opensrs.org
416-535-0123 ext 1625
1-800-371-6992
fax 416-531-2516
-----Original Message-----
From: admin@consumer.net [mailto:admin@consumer.net]
Sent: Tuesday, May 07, 2002 7:44 AM
To: 'Scott Allan'
Cc: 'discuss-list@opensrs.org'
Subject: RE: does WIPO own Tucows now?
>We do not generally comment on specific cases (especially active ones)
in
>public forums.
Then you can start right now to discuss the specific as well as the
general case. You can post your response right here along with an
announcement of the new compliance staff.
Russ Smith
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