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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    Registrars Biz Names Being Auctioned 3 Days After Assignment?
    posted by michael on Monday April 08 2002, @05:26AM

    dollie writes "I thought .biz names were not to be purchased strictly for resale. If that's the case, then why are over 2000 names on this list for sale that popped up 3 days after the .biz names were "distributed"?"

    [Editor's note: The Javascript popup in the .biz FAQ says the following in response to the question 7, "Do .BIZ domain names have any restrictions?":
    Yes. The .BIZ domain can only be used for a "bona fide business or commercial use". A bona fide business use is one of the following:
    1. To exchange goods, services, or property of any kind;
    2. In the ordinary course of trade or business; or
    3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

    Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation does not constitute a "bona fide business or commercial use" of that domain name.

    For illustration purposes, the following do not constitute a "bona fide business or commercial use" of a domain name:
    1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
    2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose).

    Personally, I find the last restriction particularly odd. Consider the double whammy: if you use a .com name to criticize a business, UDRP arbitrators (and some courts) strain to find that the use is somewhow commercial. Want to bet the exact same use isn't commercial enough to satisfy .biz? -mf]

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    This discussion has been archived. No new comments can be posted.
    Biz Names Being Auctioned 3 Days After Assignment? | Log in/Create an Account | Top | 15 comments | Search Discussion
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    Re: Biz Names Being Auctioned 3 Days After Assignm
    by Richard_Henderson on Monday April 08 2002, @05:53AM (#5738)
    User #3269 Info | http://www.atlarge.org/
    I'd also draw your attention to the 1962 names registered in the .biz 2B names release last week to Patrice Panon. He applied for all these names BookMyName.com

    While of course he may have legitimate business plans for each and every one of these names, I suspect that neulevel will be less than impressed by his acquisition of www.neulevelpr.biz and www.neulevelafrica in the same list as www.toilets.biz, www.sexgrannys.biz, www.nympho.biz etc.

    Then again, RegisterNamesHere.com (referred to in this article) have acquired www.neulevelmarketing.biz, www.wwwneulevel.biz
    and www.neulevelsucks.biz

    The two cases can be distinguished. In the case Of Patrice Panon nothing is as yet proven. In the case of RegisterNamesHere, they are visibly violating the .biz rules.

    Therefore it will be inexplicable if Neulevel do not enact their right to cancel these names, as set out in the Registry Agreement.

    Neulevel and ICANN wrote a "RESERVATION" into their Agreement, which permits them to supercede other provisions and processes such as RDRP.

    A "RESERVATION" means they RESERVE the right - in conflict with other parts of the Agreement - to take certain defined actions: namely

    Appendix F Exhibit E III : RESERVATION

    III. Reservation

    "Registry Operator RESERVES the right to deny, CANCEL or transfer ANY registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; ... (4) for violations of this Agreement and its Exhibits;"

    Clearly the 2089 names placed up for sale are in violation of the Agreement.

    Therefore Neulevel's contract RESERVES them the powers to CANCEL these names.

    The issue is DO THEY HAVE THE WILL AND INTEGRITY to do so?

    I have once again e-mailed Jeff Neuman and requested he take immediate action to delete these names.

    Either Neulevel, the .biz Registry, intends to respect the interests of all its other customers in such a flagrant breach of its Agreement, or it is abandoning all rights to the credibility and integrity of its processes.

    [ Reply to This | Parent ]
    But then again...
    by Richard_Henderson on Monday April 08 2002, @06:06AM (#5740)
    User #3269 Info | http://www.atlarge.org/
    But then again, if Neulevel is prepared to allow six Registrars to submit applications ONLY for a single friend, relative, partner or "favoured client" - allowing them privilege and excluding other customers - then they can hardly complain about RegisterNamesHere.com

    If Neulevel is to protect its integrity, it must not only CANCEL names which were mass-registered to be sold on... it must also act immediately against Registrars who acted exclusively, in order to obtain top names, against ICANN's best registrar guidelines and DoC mandate that insists the DNS should be administered and distributed fairly and without prejudice to any individual.

    Take Signature Domains : to get the top (high-value) names, they submitted a list that was limited to only the most in demand names. They processed only TEN registrations. All TEN registrations went to Joshua Blacker, who admits to being a Partner of Signature Domains.

    There were NO other applicants allowed through Signature Domains.

    Clearly, when most Registrars are playing fair, and submitting thousands of the public's applications, Signature Domains obtained an unfair advantage by exploiting their Registrar privilege, and they obtained that advantage for a man who has admitted he is a Partner of the company.

    If Neulevel does not act to CANCEL these names, and offer them back to the rest of the public, then they are effectively admitting the integrity of the registry is lost.

    [ Reply to This | Parent ]
    The expression of noncommercial ideas
    by dtobias (dan@tobias.name) on Monday April 08 2002, @08:15AM (#5746)
    User #2967 Info | http://domains.dan.info/
    If you're intending to use a domain to express noncommercial ideas, then I think it would be a good idea not to use a TLD that implies commercial use (.com, .biz, .co.uk, etc.)... you're better off using one that has noncommercial uses as part of its intended purpose (.org, .info, .org.uk, etc.).
    [ Reply to This | Parent ]
    • 1 reply beneath your current threshold.

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