Roger B.A. Klorese wrote:

You're clapping for Tinkerbelle. It's your responsibility to tell them what it means -- not which specific services you don't offer, but which ones are likely to be interrupted no matter who the losing registrar is.

There's no reason for any standard service to stop working as a result of a domain name transfer to my company (since we provide hosting, e-mail, etc.).



Do you allwo them to upload their content, set up their mailboxes, etc. *before* doing the transfer to ensure continued operation? do you allow them to test their content using one of your URLs before executing the transfer?

Yes to all -- in fact, we *require* that they do so. We take great care to make sure that transfers take place without any downtime.



You should give the worst-case scenario: that, at the moment of transfer, mail, web content, lists, etc. may stop worknig until they put their content up at your site.

Doesn't apply here. If that might happen to your customers, by all means, you should let them know :-)



But apparently they're unaware that (a) they're not the actual registrant and (b) they signed an agreement about discontinuing proxy before transfer. Not so "knows what they're losing," are they?

Umm, you should actually look at the agreement:

  http://www.domainsbyproxy.com/popup/DomainNameProxyAgreement.htm

You'll find that it explicitly says that the customer retains the right to transfer the domain name despite Domains by Proxy being the "registrant", and that it says nothing about them rejecting transfers or requiring the customer to cancel the proxy service before a transfer.


The changes to the existing policy were made to make it easier for your customers, not to make it easier for you.

Yup. And GoDaddy's apparent policy has made it more difficult for this customer to transfer her domain name.



Besides, as we've established, Domains by Proxy is the registrant, and has every right to reject the transfer.

I haven't gotten around to replying to Ross's post, but I disagree with this, too. I'll skip my tedious rant about how I don't think Domains by Proxy can really be considered the registrant under the intent of the RAA, because the simpler argument is that the Domains by Proxy contract explicitly says that their customer can transfer it.


So, sure, you could claim that in using their power as "registrant" to reject transfers that have been approved by the admin contact for the domain name, GoDaddy/DomainsByProxy would merely be violating their contract with their customer, rather than violating ICANN transfer policy. That wouldn't be much of a defense; in either case a registrar is denying transfers despite the express consent of the person who has the legal right to transfer the domain name.

Anyway. In related news, the helpful folks at OpenSRS compliance (thanks, Paul!) have helped me with this, and GoDaddy now states that even though they sent this message to the customer:

The request to transfer [domain name] to another registrar has been denied. This domain is currently a Private Registration.

... that they will actually allow such transfers to go through. No explanation yet provided as to why they tell customers they have denied them.


We'll see what happens, and I'll post a followup when/if I get it transferred.

--
Robert L Mathews, Tiger Technologies        http://www.tigertech.net/

                 "Life... don't talk to me about life."
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