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Originally Posted by Dave Zan  It doesn't matter what registrar you transfer it to. If this exact thing happens to them and is within the registrar's power to possibly correct it, they might. |
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and is within the registrar's power to correct it...
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It is clear that different registrars have different terms and conditions, and theat gives them different powers. Network Solutions clearly, in this case, had the powers to just remove the name without, it seems any court decision or impartial third party to oversee the process.
In your example, again, the holding registrar is making the decision in their own favour to prevent them being sued.
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Originally Posted by Dave Zan The domain name was subsequently auctioned to another party but used the same registrar. Of course, the original registrant was mad and demanded that the registrar get the name back. |
If the new registrant had transferred the domain name away to a different registrar, that would have given the new registrant far more powers to keep the domain name, instead of it just being awarded to the person who did not ensure it had been renewed in the first place.
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Originally Posted by Dave Zan If you were in that situation, would you take the name back from the new guy and refund him after verifying everything is indeed what it turned out? I would do that, even though it's troublesome but still my unintended fault for letting that happen. |
I would NOT do that. I am a charitable person, but why would you just hand over the name? Clearly the fault was with the registrar.
Had the new registrant transferred the domain name away, as soon as they owned it (and some registrars clearly don't make you wait 60 days after a change of ownership from auctions) - then the new registrar would not have removed the name from the new registrant.
What I would have done was to allow the previous registrant to sue the registrar for their fault, and they would then have had to purchase the name off me. I would have made a profit there, which would have taught the registrar a lesson for having such a poor payment processing system in place. That would have prevented it happening again. Just accepting the registrar taking the name back is not going to make them change their poor payment processing systems now is it? However a big fee to recover the name would have turned heads at a board meeting I can assure you.
So no, I wouldn't. I'm charitable, but not to registrars who seem to hold all the cards, and clearly aren't impartial and aren't charitable back.
This brings me back to my original post that has not really been answered.
Back to the very original example of the cc.com dispute at NetSol - If an owner has a domain name, and transfers it away to a different registrar, which registrar would give them the strongest protection when it comes to a previous registrant "claiming" that their domain name was stolen. Clearly if it was "stolen" then the police should be involved to gather the appropriate "evidence" that it was actually stolen and not just sold rashly.
The only way to get a fair hearing, having read this is to get the name you buy out from that registrar asap. Transfer it away. But to which registrar? They have different terms and conditions, and some I imagine would provide more scope for investigations than others. Is it better to transfer to Joker.com in Europe for greater rights, or is it better to use a USA registrar where the laws might see domain names as property? This is a very interesting and valid question for all domain name "owners". Are we not all leaseholders?
Also, what about after the 60 day period that is given to allow previous registrars to recall the domain name transfer?
I think we need someone with legal experience of domain name disputes and registrar T&Cs to offer their feedback here.