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    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    This discussion has been archived.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
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    by Anonymous on Thursday January 02 2003, @01:29AM (#10814)
    Dear Mr. Richard Henderson, Sir, Do you know the earliest date of a "Lorenz-DomainBanc" case registration? Did they occur before or after the Afilias 15/aug/2001 announcement?

    If, as you make mention, they were marked None in T-marc data fields making them both potentially automatically ineligible for registration & subject to the announced challenge process & DomainBanc-Afilias plausibly knew this, then presumably, they maybe sold something that should have been foreseen to be worthless, yes? Was your landrush application blocked subsequently? - a priori
    [ Reply to This | Parent ]
    Re: by Anonymous
    Re:your question
    by Anonymous on Thursday January 02 2003, @03:05AM (#10817)

    Read the rest of this comment...

    [ Reply to This | Parent ]
    The heart of the matter
    by Anonymous on Thursday January 02 2003, @03:25AM (#10819)
    The key issue is:

    "Were DomainBank allowed to submit Sunrise applications without the mandatory data in the four TM fields (as they did 93 times in the Lorenz case, charging over $15000)?"

    The answer is: NO

    The key issue is:

    "Were Afilias supposed to accept applications without the mandatory data in those TM fields?"

    The answer is: NO

    You then have to consider Hal Lubsen's close association with DomainBank, and his close association (as CEO/Director) of Afilias

    "Were Afilias aware of the problem with ineligible Sunrise names?"

    The answer is: YES

    "Were Afilias and DomainBank willing to break their own Registry-Registrar rules when there was $15000 of profit on offer?"

    The answer is: YES

    Afilias blamed other people for breaking the rules and damaging the process. Hal Lubsen himself complained about people doing this. And yet Afilias and associated registrars were breaking the rules themselves.

    I have detailed elsewhere in this thread the involvement and participation of Afilias Directors in the rule-breaking. The $500,000 charged to submit Plankenstein's 4981 fakes by a Registrar represented on the Board of Afilias, for example. Personal faked trademarks of two Afilias Director's first names at the other end of the scale: govinda.info for Govinda Leopold; and eric.info for Eric Schaetzlein... both in breach of the rules.

    The rules were broken from INSIDE the industry.

    Ordinary customers' interests were secondary to the pursuit of financial gain, even if that gain was achieved by breaking the Rules, and submitting wholly ineligible names.

    They never realised at the time that this would all be monitored so closely and become public.

    They never realised they would have to defend their rule-breaking in court.

    The internet industry INSIDERS thought they could do these things, with the support of Icann's "laissez-faire" policy (quote: Dan Halloran of Icann). They were confident, because of the close and incestuous relationship between ICANN and the registrar community.

    Final Question:

    "How do DomainBank and Afilias justify breaking their own rules for profit?"

    The answer surely is:

    They can't.

    Richard Henderson

    [ Reply to This | Parent ]

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