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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    What's in .NAME? 5000+ .NAME Registrations Not Conforming to .NAME Restrictions | Log in/Create an Account | Top | 185 comments | Search Discussion
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    Re: fnord- question
    by fnord (groy2kNO@SPAMyahoo.com) on Saturday June 01 2002, @05:43AM (#6683)
    User #2810 Info
    The policy hasn't changed SFAIK. Certainly the other open TLDs, both legacy and new, none doing so well at the moment, would have a beef with ICANN if they gained another direct competitor. GNR can't unilaterally change the agreement, they'd need ICANN's OK, and ICANN is unlikely to give that OK for the above reason. ICANN has also taken flak for allowing some of those it OK'ed for new TLDs to later change what was in their applications, as this was unfair to applicants who were turned down. If ICANN now allowed GNR to open itself up as another undifferentiated TLD, they'd take more flak from that quarter as well.

    While the policy does say that GNR won't screen for appropriateness, it also says that GNR can cancel any registration it wants to. So, now that GNR is aware that Adrian et al aren't following the rules they agreed to follow when they accepted the Registration Agreement, they are free to cancel their registrations.

    In Adrian's case, he registered bulk.register.name, for example, through bulkregister (I haven't checked to see if he used them exclusively, though some of his other names also appear on Ben's incompletely published list of bulkregister registered names). Here is the bulkregister registration agreement. While it doesn't have clauses specific to .name (frankly, quite a bit of the bulkregister site seems outdated, not necessarily inaccurate, but stale), Adrian is clearly in breech of various of the general provisions. He also has claimed more recently here that he is a bulkregister reseller. While I doubt that, if he is, he is also clearly in breech of various of those clauses to do with resellers. He has breeched many of the registration requirements of both GNR and bulkregister. By his acceptance of the GNR and bulkregister agreements (you can't register without accepting the clickwrap agreement), he has bound himself to their rules. Both parties' rules allow them to cancel any registration for pretty much any reason, certainly for what Adrian has done. And the save harmless clauses mean that Adrian can't successfully sue them. So the litmus test now is whether either party (and if so, which) will enforce those agreements. -g

    [ Reply to This | Parent ]
    Re: fnord- question by fnord


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