At 5:06 PM -0800 12/8/00, William X. Walsh wrote:
>> ... and the registrant is the person who pays the registrar money.
>
>ICANN doesn't agree with you. And I really don't think you do either.
No, actually, while I might "consider" the consumer the registrant, in the
absence of a "reseller" distinction in the ICANN agreement, the registrant
is the person who pays a registrar for the registration of a domain name.
>Because that makes you liable for the domain name as well. This means
>that if that domain name is found to be infringing on a trademark,
>that you are the one responsible, not your customer.
Only if I actually register the domain. If my customers chooses to register
famoustrademark.com, I'm certainly (as the initial registrant and temporary
holder of the domain) welcome to not accept the transaction. I can say "No,
I won't register famoustrademark.com for you, its too much of a risk."
>> If there are only two "people" in the equation, "registrant" and the
>> "registrar", can you enlighten me (and all of us) why the person paying the
>> registrar ISN'T the registrant?
>
>See above. ICANN doesn't say so.
Cite the appropriate sections of the agreement that say "The person who
pays the registrar for the domain is not the registrant." I challenge you
to do so. I don't think it can be done. I've not read the ICANN agreement,
but you're making the claim that the person who has actually engages in the
transaction with the registrar is NOT the registrant, and I'd like to know
by what logic you come to that conclusion. Vague statements like "ICANN
doesn't say so" don't prove your point. Common sense logic agrees with my
position.
>Your logic is not only wrong, but it is not well thought out as to the
>full consequences of this line of thinking.
The consequences fall into the "cost of doing business" line. If you opt to
be a reseller there are certain things you accept. The first being that you
are RE-selling something. To RE-sell it, it must first be sold -- to YOU.
Thus, Tucows SELLS it to you, and you RE-sell it to your customer.
We're not talking Quantum Physics here, William. :)
D
