Re: [ga] Registrars Draft: Transfers

[Patrick <patrick@gandi.net>]

Dear Ross and assembly members,

On Thu, Sep 27, 2001 at 10:07:53AM -0400, Ross Wm. Rader took time to write:
> >
> > This is true. But it is not symbolic for us : owner name can NOT be
> changed
> > online by any contact of the domain. This makes sure that in case of
> > disputes, the owner stay exactly the same.
> >
> > If the owner comes to us asking
> > to change the contacts of *its* domain name (dispute with its hosting
> > company, etc...), we change them.
> >
> > Experience has shown that cases like that happen.
> >
> > With some other Registrars owner name can be changed online by any
> > contact in 2 minutes. This make the notion of ``ownership'' a little
> > blurry in our eyes, and that is why we do not do it.
> >
> 
> Something I've always wanted to ask - how can Gandi confer ownership when in
> fact, it is not yours to confer? What I mean is, ICANN and the registries
> deal with "Registered Name Holders" and not "owners" - what does Gandi do
> that allows them to confer ownership of the domain upon the registrant?

Like it had already been said ``ownership'' is a difficult concept
to describe, even for real life cases.

It is true that ICANN and Registries do not use this term, probably
because it is next to impossible to really explain what it would
mean, even more when other points of agreements say something to the
line of : domain names can be cancelled, destroyed, transfered,
etc... to correct mistakes of Registry/Registrars, etc...

For us (Gandi), we used this term because we wanted to stress out two
things :

- we are only a technical provider, we do not interfere in any way to
the handling of the domain. For example if some big companies come to
us telling us about a fraudulent domain names they should had, etc...
we will not do anything under their pressure, and strictly adhere to
UDRP decisions and/or court orders.
Recent cases in France have shown that some Registrars will delete a
domain name just because some big company come to them threatening
them. Telling the customer he is the owner means for us also that he is
responible for the choice and the use of its domain name. If
complaints come to us, we redirect them to the customer/holder and do
not do anything besides this.

- when disputes arrive between contacts/registrant/etc... the final
word for us comes always from the owner (registrant). Contacts for us
are mandated by the owner and acting on its behalf. This is also why
contacts should not be able to change the registrant information, and
this is what we implement.


Regards,
Patrick.
Gandi.
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