dotregister wrote:
> Thanks Ross,
>
> I realize you have an agreement with ICANN, but to go back to my real
> question, why is this regulation not follwed by other major registries? Why
> do we see resellers fromn other registries doing things like this and
> charging fees for admin-changes and such? Surely, they are voliating ICANN
> regulations? One such company (unnamed) I know of has been in operation for
> 10 years.
>
> Aren't they open to legal challenge and lawsuits if they do not abide by
> ICANN? or is this thing not really legally binding? Does TUCOWS legal dept.
> read the ICANN regulations and as you said follows them to the letter, where
> as others allow for leeway?
The agreements aren't being followed because they aren't being enforced.
In some respects, they aren't worth the paper they are written on.
Everyone once in a while, ICANN threatens to do better in this area,
which seems to be enough to keep companies like Tucows in line. Not so
for many others.
Registrars aren't really open to lawsuits etc. if they don't follow
their agreement. Contracts work such that only those that signed the
contract can actually litigate in relation to the terms of the contract.
It isn't so much that we strictly abide by the agreements and others
follow a looser interpretation. It is more like we follow a fair reading
of our obligations (strict in some ways, looser in others) while others
generally ignore the terms of the contracts.
--
-rr
"Don't be too timid and squeamish about your actions.
All life is an experiment.
The more experiments you make the better."
- Ralph Waldo Emerson
Contact Info:
Ross Rader
Director, Research & Innovation
Tucows Inc.
c. 416.828.8783
Get Started? http://start.tucows.com
My Blogware: http://www.byte.org
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