[ga] Re: ICANN & transfers
neither of us is a lawyer but the general question of registrants and
transfers seems to rise to visibility regularly. I'm looking into the
At 09:32 PM 7/29/2002 -0400, DannyYounger@cs.com wrote:
>In Bucharest the Board resolved [02.71] to adopt Reconsideration Decision
>02-2 which basically stated that, "Because the "registrar requirements"
>regarding transfers are not included in any contract enforceable by ICANN, it
>is not appropriate that ICANN attempt to enforce them".
>While ICANN is not a signatory to the registry-registrar agreements (in which
>transfers are governed by the language of an Exhibit therein), those specific
>agreements are, in fact, appendices that are referenced within the primary
>ICANN-registry agreements to which indeed ICANN is a signatory -- there is
>"linkage", and there is also language that states: "Entire Agreement. This
>Agreement (including its appendices, which form a part of it) constitutes the
>entire agreement of the parties..."
>Obviously I am not a lawyer, but I would think that based on such linkage,
>ICANN does have an implied role in the enforcement of such provisions. May I
>ask what your view is on this matter? Registrants clearly have an interest
>in this transfers issue, and probably would want some assurances that someone
>is acting to protect their best interests... is that someone ICANN, or should
>they be turning elsewhere? Is it part of ICANN's mission to afford such
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