Hello, --- elliot noss <[EMAIL PROTECTED]> wrote: > if folks would like it, I would be happy to provide you all with the > contact info for the right people at ICANN to complain about this. > perhaps if each of you have one or two stories to tell we can turn > the tide here.
Under the new Transfers Policy: http://www.icann.org/transfers/ http://www.icann.org/transfers/dispute-policy-12jul04.htm (esp. section 2) why not initiate a transfer dispute, using the info at: http://www.icann.org/dndr/tdrp/approved-providers.htm ? "Complaints under the TDRP may be submitted to either the appropriate registry operator (see registry contacts here) or to any approved dispute-resolution service provider listed below." instead of wasting time with ICANN? ICANN itself isn't able to do much under the policy. Creating a precedent either through a complaint to the registry operator (i.e. VeriSign for .com), or at NAF or ADNDRC might be the best way to end this issue. And, according to Section 3.4.2: "3.4.2 The Registrar that does not prevail in the dispute will be assessed a fee to be set by the Registry Operator. Such fee shall be set forth in the Registry's Supplemental Rules that are in effect at the time that the Request for Enforcement was filed." and 4.4.3: "4.4.3 In the event that the Filing Registrar or Appellant, whichever applicable, prevails in a Second-Level dispute, the Respondent or Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrar or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN." which appears to be roughly "loser pays." Sincerely, George Kirikos http://www.kirikos.com/ _______________________________________________ domains-gen mailing list [email protected] http://discuss.tucows.com/mailman/listinfo/domains-gen
