Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

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

    This discussion has been archived. No new comments can be posted.
    Did Jeff Davies find a legal loophole? | Log in/Create an Account | Top | 143 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re: Truth, lies and registry/registrar responsibil
    by Anonymous on Tuesday December 31 2002, @07:54AM (#10782)

    Oh, I appreciate that it was a cunning and orchestrated way of stopping the momentum!

    And it was in the interests of the Trademark Lobby for the NewTLD juggernaut to be messed up.

    The pre-registration of .info names was a provision to consumers, promoted by 95% of all accredited registrars, and ALL the registrar companies represented on the Board of the Afilias cartel.

    They SOLD a provision to consumers - which was the opportunity to take part in a lottery for ALL those names which were not reserved by eligible (Trademark-owning) applicants in the .info Sunrise.

    The same companies (like DomainBank) who SOLD pre-registrations to customers, then went ahead and BROKE THE AFILIAS RULES by SELLING the names again, this time to Sunrise customers like Lorenz, and the registrars then made INELIGIBLE applications in breach of the Afilias ruleswhich required mandatory data in 4 TM fields.

    To demonstrate: in the case of 98 domains requested by the hapless Lorenz, in the four mandatory data fields there was no eligible data -

    TM country: None
    TM name: None
    TM date: None
    TM number: None

    DomainBank then charged Lorenz IRO $15000 to sponsor his applications in breach of the Afilias rules (which given Lubsen's connection with both DomainBank AND with Afilias, of which he was CEO, was pretty staggering).

    Lorenz, notified by others that his names were ineligible, requested them deleted for release to pre-registrants. But Afilias declined to do so.

    To demonstrate: as a DomainBank pre-registrant (among others) I pre-registered a name and paid to have that name submitted in the 'lottery'.

    DomainBank then SOLD that name to Lorenz, and submitted it in breach of the rules.

    Normal rules, and the Agreement, had by that time been abandoned in favour of "almost anything goes".

    You say that pre-registrants never had a guarantee of getting a particular name. Absolutely right! What they were paying for was a chance to participate in an industry-wide lottery, for all names which were not fairly distributed in a fair Sunrise under properly implemented Agreements.

    In the event, the ICANN-Registry Agreement was so weak that this reasonable expectation was destroyed as the scheme descended into chaos. Intelligent and reasonable solutions (such as 'The Simple Solution' and 'The Domebase Solution') could have safeguarded both genuine Trademark holders and Landrush Pre-registrants... but Afilias and ICANN determined to put the "proof of concept" ahead of consumer protection.

    All in all, what you had was an industry-wide travesty, with a large number of people suffering financial loss because of failures to implement and uphold the Agreements, and because of the failure of the Agreements themselves.

    The registrars collectively SOLD a product, then allowed that product to be undermined and unworkable, through cheating, through non-governance, through failed Agreements, through breach of Agreement, and through refusal to put things right when it was in their powers to put it right.

    THAT, my friend, is fraud and deception.

    As the resigning Afilias Director, Robert Connelly, said at the time, the Landrush customers had been abandoned because of a Sunrise fiasco which he called "an abomination".

    But the ICANN inaction, the Afilias refusal to intervene, the abuse of the rules by both Registry and Registrars...

    Fraud and deception.


    Richard Henderson

    [ Reply to This | Parent ]
    Re: Truth, lies and registry/registrar responsibil by Anonymous
    Re: Truth, lies and registry/registrar responsibil
    by Anonymous on Tuesday December 31 2002, @09:09AM (#10783)
    "Pre-registrants never had a guarantee of getting a particular name". Quite right, however, they did have an expectation of fair play. An expectation of a level playing field against similarly situated contestants. Expectations that may have been unfairly pre-empted. The referees were where? The umpires were doing what? There appear to be irregularities in some instances. Why weren't some of the irregularities removed "pre" when discovered or more disturbingly when requested, remains to be explored in the appropriate forums. Percentage wise, the statistically large scale of irregularities, as well as the possible participation by certain parties, gives rise to legitimate questions. Whether there was a lottery remains, ( an Achilles heel? ), on the table of inquiry.
    [ Reply to This | Parent ]
    Re: Truth, lies and registry/registrar responsibil
    by Anonymous on Wednesday January 01 2003, @04:45AM (#10802)
    [ Reply to This | Parent ]
    Re: Truth, lies and registry/registrar responsibil
    by Anonymous on Saturday January 04 2003, @12:26PM (#10864)
    An amazing coincidence that shortly after a most challenging and august proclamation nothing was deposited at the CEO's own banque.
    [ Reply to This | Parent ]

    Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com