NSI changes registrant agreement to allow takeover of expired domains?

[jberryhill]

Amazing to see, that there is noone who could do anything against this new system.

Oh, there is.

But you aren't going to like it.

The key to ICANN politics is knowing which factions to play off of one another, while always recognizing that domain registrants don't count for beans.

What needs to happens is to spread a rumor that cybersquatters intend to use this system in order to shill-bid renewals on their expiring trademark domain names. This will allow them to extract money from trademark owners without doing it directly. Whether it is the nub of a workable cybersquatting strategy or not, if the "right people" in the trademark peanut gallery even *think* that this system might be useful to cybersquatters, then they will scream like stuck pigs.

However, one of the imbalances that has developed in ICANN-land over the last two years is that a lot of the trademark lobby has gotten bored and left. You can see by looking at the annual rate of decrease in UDRP proceedings. But there still might be enough well-placed mouth-breathing trademark lawyers capable of throwing a spanner into the works.

[GeorgeK]

John: Looks like ICANN is starting to react:

http://www.icann.org/announcements/a...-21sep04-2.htm

"Expired Domain Deletion Policy"

From:http://www.icann.org/registrars/eddp.htm

" Extenuating circumstances are defined as: UDRP action, valid court order, failure of a Registrar's renewal process (which does not include failure of a registrant to respond)"

The bolded part is there for obvious reasons.

ICANN also made an advisory regarding the NSI changes.

http://www.icann.org/announcements/a...-21sep04-1.htm

But, they didn't comment as to the legitimacy of the services. Looks like the hamsters are back on the treadmill.

[Luc]

seems like the more things change, the more they stay the same.

great find guys. thanks for all the input.

[GeorgeK]

hehe Luc. The real winners in all this are those selling popcorn, as we munch away while watching this neverending soap-opera.

I just sent the following email to the ICANN mailing lists, to get them to do more:

--- begin note ------------------
Hello,

As a followup to the prior news regarding the NSI anti-competitive move to hijack expired domains from their prior owners, ICANN has stepped up with 2 announcements:

1) http://www.icann.org/announcements/a...-21sep04-2.htm

This one attempts to implement an Expired Domain Deletions Policy (EDDP), with 3 months notice (won't take effect immediately). What have they been doing for the past *11 MONTHS*, as there has not been a single thing preventing them from doing this when it was approved in CARTHAGE, TUNISIA in 2003!

http://www.icann.org/announcements/advisory-31oct03.htm

The EDDP contains the interesting language:

http://www.icann.org/registrars/eddp.htm

"Extenuating circumstances are defined as: UDRP action, valid court order, failure of a Registrar's renewal process (***which does not include failure of a registrant to respond***),"

I assume the part between *** and *** is there to put a stop to the abusive practice of NSI taking over their clients' expired domains.

2) ICANN issued an *advisory* regarding the NSI/SnapNames actions:

http://www.icann.org/announcements/a...-21sep04-1.htm

However, they do not comment whether those auctions under the "old rules" (i.e until December 21, when EDDP is to take effect) have legitimacy. With the first auctions of NSI expiring on Wednesday, September 22, 2004 (today!), bidders need to know whether those auctions are legitimate, and will not be made void at some later date.

ICANN needs to do more, and quickly. It's not like they've not been on notice of this by me and others for the past 3 years, sheesh. This was drama that if ICANN had been doing its job, would have been pre-empted entirely. Instead, the market is shaken up for the next 3 months, or until NSI backs down, or is sued, etc.

I can see NSI upping the stakes by changing their agreement to transfer the domain to themselves BEFORE expiry, for example, to get around these changes. The guys at NSI are not going to give up --- they're constantly thinking up ways to abuse the marketplace, and recreate their former monopoly. The time has come to make iron-clad rules that put things back in registrants' favour, permanently.

Sincerely,

George Kirikos
---- end note --------------

ICANN would be ever so popular if they just did everything I say.

[ExpireGuy]

http://www.icann.org/registrars/eddp.htm
ICANN needs to do more, and quickly. It's not like they've not been on notice of this by me and others for the past 3 years, sheesh. This was drama that if ICANN had been doing its job, would have been pre-empted entirely. Instead, the market is shaken up for the next 3 months, or until NSI backs down, or is sued, etc.

Agreed.

ICANNs fallacy at indoctrinating protocols is the main catalyst to the problems as mentioned. In the end it'll be the domainer(endusers) who'll suffer the brunt if and when legal actions ensue. I for one simply can't forsee other registrars who are currently benefitting from the drop market, conforming to Netsols hazordous precedents. Especially when they (Netsol) have such a lion share.

BTW: Kudos to George and jberryhill. Your insights in this regard are appreciated.

[GeneralBill]

The real winners in all this are those selling popcorn, as we munch away while watching this neverending soap-opera.

Yea, or fiddle faddle in my case...

I'm still in shock... I was starting to enjoy using Club Drop. Don't even have a SnapNames account yet...

[biggedon]

it seems to me that eventually,all registrars will try to retain rights to "valuable" expired domains by ......."any means necessary"!

I can envision a time where.......deleted two character/letter .org's will be brought back from the dead pool......in an auction!

[Dave Zan]

Quick question, though a bit off-topic: are those registrars and Hosting
providers allowed to edit their service agreements without, say, asking
their customers to click on a link to read it, then click on the box to
agree to it again?

You know how it is when people make a big fuss over changes made to
service agreements or contracts midway, and they never got the chance
to read and agree to it again or not, even though they initially did the
minute they signed up...

Not surprising what NetSol has done recently. It was bound to happen
since, I'm sure, they've been keeping track of the expiry market and how
SnapNames got trounced over in the recent weeks by its competitors.

As long as ICANN remains a "club", there's not much good to expect
from it. But that's still no reason to quit trying, anyway.

Hmmmm, regarding Jberryhill's suggestion about spreading a rumor, I just
got a rumor that... :-D

[jberryhill]

bidders need to know whether those auctions are legitimate, and will not be made void at some later date.

Oh, I wouldn't worry about that. ICANN is useless in recovering stolen domain names. There is no power to "void" registrations because they didn't like the way they were assigned.

[ExpireGuy]

Oh, I wouldn't worry about that. ICANN is useless in recovering stolen domain names. There is no power to "void" registrations because they didn't like the way they were assigned.

The bold lettering says it all.

[clemzonguy]

All of this is starting to give me a headache..... lol
Thanks again GeorgeK & Berryhill for sharing your time and research.

[Dave Zan]

All the more reason, then, why we must keep making noises to ICANN about
this. If ICANN just won't listen, then we'll need another way...somehow...

[OnSpec]

Exactly why we domainers need some organization of our interests as the consumers
in this market to apply pressure to the ultimate authority the DOC.
Doc

Hmmmm... time to pull the trigger Doc?

[ExpireGuy]

All the more reason, then, why we must keep making noises to ICANN about
this. If ICANN just won't listen, then we'll need another way...somehow...

You're not alone..............................WGIG?!?!

http://www.icannwatch.org/articles/0.../1812238.shtml

[jberryhill]

WGIG?!?!

Oh good Lord, no. There are things worse than ICANN.

[Dave Zan]

As always, the devil is in the details. :disappoin