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Old 04-14-2003, 01:11 AM   #1 (permalink)
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Nexus & .US domains

VTI.us has been registered by some German company that according to the registration code C31 is having 'bona fide' business relations to the US.

However, the Nexus requirements state:

"The nameservers for .us domains must be physically located in the United States"

These guys have their DNS in Germany. Is that a violation of the rules that can lead to the loss of the domain?
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Old 04-14-2003, 01:26 AM   #2 (permalink)
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Technically yes, but in reality no they arent going to pursue Companies that otherwise are compliant with the nexus requirements, IMO
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Old 04-14-2003, 02:19 PM   #3 (permalink)
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I wonder how much of the technicalities are enforced by registrars
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Old 04-14-2003, 02:48 PM   #4 (permalink)
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"I wonder how much of the technicalities are enforced by registrars "

In the absence of any incentive to do so? None.

You see, ICANN enters into all sorts of contracts with registies and registrars to do particular things. But these contracts never meet the basic test of contract drafting - "If party A is supposed to do X, but doesn't, then what happens?"

These things are written as all-or-nothing propositions. Is Neulevel going to have its status as .us registry revoked because some domain name doesn't comply with the nexus requirement? Are you kidding?

From the perspective of a registrar or registry, a non-compliant registration brings in the same number of dollars as a compliant registration. If a particular legal problem arises in connection with a given domain name, then, sure, they have the discretion to "enforce" a rule. However, they don't care to whom a revenue-generating name is registered.

See http://www.circleid.com/articles/2537.asp
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Old 04-15-2003, 01:28 AM   #5 (permalink)
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Very nice analysis of the incentives behind the 800-lbs gorilla

Thanks John.
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Old 04-15-2003, 01:35 AM   #6 (permalink)
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I reported a similar situation shortly after .us went live. I was told the registry would do nothing unless I wanted to file a a WIPO or UDRP claim at a cost of $1300 plus, with no guarantee of success. If you have deep pockets and a valid claim it may be worth it...
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Old 04-15-2003, 08:33 PM   #7 (permalink)
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No, I was just curious about it that's why I asked.
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