Default Transfer

[landlord]

Nominet state 'As an anti-abuse mechanism, Nominet will be able to refer files to a DRS expert if we think there may be an abuse of the DRS. If the expert agreed, the complaint would be rejected.'

Is this not an intepretation of rights by Nominet, something they are adamant they do not do..... abuse can only found if the registrant has no rights, therefore to make a referral Nominet must be pre-vetting rights. If this happens then I would expect the same consideration before they take money i.e. at the point of registration if Nominet feel the registration is abusive they should be referring the registration to the expert.

Lee

 

[meinthecorner]

Out of interest when does this default transfer start?

 

[fred]

Nominet state 'As an anti-abuse mechanism, Nominet will be able to refer files to a DRS expert if we think there may be an abuse of the DRS. If the expert agreed, the complaint would be rejected.'

Is this not an intepretation of rights by Nominet, something they are adamant they do not do.....

Nominet deciding if there "may be an abuse of the DRS" has nothing to do with whether or not there has been abuse of a domain.

Given the title of this thread, I assume you have got this from a page to do with the Default Transfer. As such, take this scenario:

Complainant sends in 100 Speculative DRS Complaints for 100 different domains reg'd to 100 different people.

1 of those people do not respond for whatever reason.

Under the default transfer, the complainant would be able to get that domain even if the complaint just said "I want it".

If Nominet look at this and think it is an abuse of the DRS, they can refer it to an Expert to throw out the complaint instead of it going to default transfer.

abuse can only found if the registrant has no rights, therefore to make a referral Nominet must be pre-vetting rights.

Given the default transfer, no abuse needs to be proven if there is no response.

If this happens then I would expect the same consideration before they take money i.e. at the point of registration if Nominet feel the registration is abusive they should be referring the registration to the expert.
Lee

I refer you to my numerous previous posts in reply to you never ending demand for Nominet to 'pre-vet' all domains.

 

[landlord]

for fred

Fred you say 'Complainant sends in 100 Speculative DRS Complaints for 100 different domains reg'd to 100 different people.'

Registrant 'sends in numerous requests for domain names with derivatives of well known brand names'

Lee

 

[fred]

Fred you say 'Complainant sends in 100 Speculative DRS Complaints for 100 different domains reg'd to 100 different people.'

Registrant 'sends in numerous requests for domain names with derivatives of well known brand names'

Lee

The 2 are not directly comparable

My example is talking about abusing a sytem that is in place.
Nominet DO NOT have to decide any rights issues. The complainent in my example didn't even claim any rights!

Your example is about someone abusing the rights of a third party.
Nominet WOULD have to decide if there is a possible abuse of rights.

 

[landlord]

wrong

Thats wrong....

well known brand finds out that several registrants have been purchasing domain names that they are derivative of their brand name.....as a result they fire in 100 claims accross several registrants...

In this case Nominet will have to refer it to an expert cause, as you say, they do not look at rights

Lee

 

[fred]

Thats wrong....

well known brand finds out that several registrants have been purchasing domain names that they are derivative of their brand name.....as a result they fire in 100 claims accross several registrants...

In this case Nominet will have to refer it to an expert cause, as you say, they do not look at rights

Lee

and your point is what exactly?

How does that have anything to do with Nominet passing a complaint, which would otherwise have gone to default transfer, to the Expert when they feel the CLAIM is abusive (not the domain registration/use)

 

[landlord]

two standards

The point is Nominet must make sure that known brand names who put in several complaints get referred in the same way as unknown complainants ....in actual fact the most well known brand names will be open to the most abuse by registrants and therefore will submit the most complaints......this in turn will make the default transfer not so default..............

example is rbs.....simple question fred and they you will have the answer.....Would RBS be referred to the expert?

Lee

 

[Beasty]

Could I just point out that the DRS Default Transfer proposal attracted little support from those who took part in the consultation - so it is to be hoped that it is kicked into the long grass anyway.

 

[landlord]

verify

Beasty can you verify the recycle.co.uk sale?

Lee

 

[fred]

The point is Nominet must make sure that known brand names who put in several complaints get referred in the same way as unknown complainants ....in actual fact the most well known brand names will be open to the most abuse by registrants and therefore will submit the most complaints......this in turn will make the default transfer not so default..............

example is rbs.....simple question fred and they you will have the answer.....Would RBS be referred to the expert?

Lee

Ok, perhaps this will actually get you to see my point

This is, of course, sssuning the Default transfer does get put in place.

If RBS make a DRS complaint, and the registrant responds, then the default transfer process is not an issue. If RBS wants to take it to an expert they pay the fee as they would now.

If RBS make a DRS complaint, and the registrant DOES NOT respond, then the default transfer process IS an issue. If RBS have made a "valid" claim, then they can pay the Default transfer fee and get the domain.

If RBS make a DRS complaint, and the registrant DOES NOT respond, then the default transfer process IS an issue. If RBS have made an "invalid", then Nominet send it to the Expert to make a decsion as to rights/abuse as normal.

So the only question is what is a "valid" complaint. I understand it as a complaint that is a proper complaint that has evidence/reasoning etc rather than a few words saying "I want it". In this case, Nominet are not making any decisions on the rights/abuse, but purely on IF any such content is there.

 

[fred]

Beasty can you verify the recycle.co.uk sale?

Lee

Both buyer and seller have stated numerous times they they have no intention of sending bank statements or whatever to anyone.

If you don't think the sale is genuine then that's up to you, but many of us on here know and trust either Dougs and/or Paul enough to take there word on it.

 

[rob]

Both buyer and seller have stated numerous times they they have no intention of sending bank statements or whatever to anyone.

If you don't think the sale is genuine then that's up to you, but many of us on here know and trust either Dougs and/or Paul enough to take there word on it.

Off topic I know, but further to this - we should be happy that a larger sale is public at all.

The fuss over the price and the constant questioning of the buyer/seller for verification, motives etc etc fully justifys why most keep things quiet.

There have been three similar scale sales (that I am aware of , and I dont know 100% of the .uk market!) since recycle.co.uk all NDA'ed - thankfully - or we would need a whole new forum.

Anyway... back on topic?

 

[landlord]

Pr

Doug/Rob....from a PR perspective a verfied sale is certainly worth pursuing...as mo says DN journal are only interested in verified sales

Rob.... PR5 makes all the ranting worthwhile for the good of all....i call it blogging as noone has to respond to my posts or anyone elses.

I think most buyers and sellers are less vocal but I think this is solely on the basis that they are still in the market.....any purchaser does not want to disclose its max likely price and a seller does not want to disclose its selling expectations....disclosure kills this game but that does not mean someone else maybe playing a different game....but why play a different game if its not the game being played

Lee

 

[Beasty]

Beasty can you verify the recycle.co.uk sale?

Lee

I was not involved in this transaction, so I am afraid I have nothing to add. I can say that I am not aware of any reason to doubt it.