[ga] Re: ICANN & transfers

[vint cerf <vinton.g.cerf@wcom.com>]

Danny,

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
question.

vint

At 09:32 PM 7/29/2002 -0400, DannyYounger@cs.com wrote:
>Vint,
>
>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 
>protections?

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