Potential DRS

developdomains · Jun 3, 2008

Hi All

Is there anyway to tell if a DRS complaint has been lodged with Nominet? How long does it take for Nominet to contact me?

I think I may have a potential DRS coming up soon (long story) and just wondered if there is anyway to know if something is in the pipeline!

Thanks in advanced!

Justin

retired_member12 · Jun 3, 2008

Stop whatever you are doing with it and transfer it to the wife/brother etc!

developdomains · Jun 3, 2008

DoubleTap said:
Stop whatever you are doing with it and transfer it to the wife/brother etc!

thanks for your reply mate. How would that affect me though? Say the DRS does go through, would they look on it badly if they saw that the domain changed registrant recently?

If I regged it in my brothers name etc, they would still be able to DRS him/her yes?

sorry if im being a bit vague, not been in this position before!

GreyWing · Jun 3, 2008

Yes mate, I think there are 2 kinds of points of view to a DRS, do you want to keep the name or secondly get rid of the blame.

I would imagine you are focusing on keeping the name?

I phoned nominet once and explained that I wanted to sell the name but needed to know if there was a drs outstanding before accepting the buyers money, they told me that there wasn't.

Try that and they are usually fine with it,

GW

retired_member12 · Jun 3, 2008

If you've not been informed by Nominet that there is a DRS, you cannot be prevented from transferring it. So long as you're wife (for example) as the new registrant has not used the domain in such a way that might bring someone to file a DRS against her, then surely she would be OK.

retired_member11 · Jun 3, 2008

DoubleTap said:
If you've not been informed by Nominet that there is a DRS, you cannot be prevented from transferring it. So long as you're wife (for example) as the new registrant has not used the domain in such a way that might bring someone to file a DRS against her, then surely she would be OK.

Not quite right. Once the electronic form of the Complaint has been submitted to Nom the Complainant has 5 days to send in the printed, signed, and dated hard copy. However, during the 5 day period Nom will put a freeze on any changes being made to the whois output (tag, name servers et.c), and would not authorise a transfer. The kicker is that Nom will not inform the registrant of either the electronic Complaint or the freeze until the the hard copy has been received at Nom Towers. Only then will the registrant/ Respondent be informed by Nom of the Complaint, unless s/he has already come up against the freeze when attempting to make any of the aforementioned changes or a transfer.

When the new online transfer protocol begins you may then be able to win the race, but at the moment it is more difficult to transfer away in time to beat the DRS submission.

bb99 · Jun 3, 2008

Argonaut is clearly someone who has lived life close to the edge

Regarding making a transfer prior to a DRS being filed, it is my understanding that one registrant cannot be held responsible for the abusive (as defined in the policy) behaviour of another registrant.

However if the two registrants were connected and visibly so (eg same surname, same address) then maybe the DRS expert would see this as avoidance and act accordingly. However, as far as I can recall, there's nowt in the policy to address such a situation, nor are there any past DRSs that would help.

retired_member11 · Jun 3, 2008

bb99 said:
Argonaut is clearly someone who has lived life close to the edge

Regarding making a transfer prior to a DRS being filed, it is my understanding that one registrant cannot be held responsible for the abusive (as defined in the policy) behaviour of another registrant.

However if the two registrants were connected and visibly so (eg same surname, same address) then maybe the DRS expert would see this as avoidance and act accordingly. However, as far as I can recall, there's nowt in the policy to address such a situation, nor are there any past DRSs that would help.

I wish

Someone tried a Complaint against me some time ago and that's how I found out about the nuts and bolts of the procedure, Procedure, and Policy. The Complainant fell flat on his face when the time arrived to put up or shut up. It would have been laughable, but responding (I would not ignore a Complaint) cost me time and therefore money, and so I was not too happy with the Complainant. I should have invoiced him

My advice would be to never ignore a Complaint. Read the Policy document and thumb through a few similar Decisions, because there is always the possibility of there being a rogue Expert in the Nominet queue. Appeals are expensive!

Beasty · Jun 4, 2008

bb99 said:
Argonaut is clearly someone who has lived life close to the edge

Regarding making a transfer prior to a DRS being filed, it is my understanding that one registrant cannot be held responsible for the abusive (as defined in the policy) behaviour of another registrant.

However if the two registrants were connected and visibly so (eg same surname, same address) then maybe the DRS expert would see this as avoidance and act accordingly. However, as far as I can recall, there's nowt in the policy to address such a situation, nor are there any past DRSs that would help.

bb99 is almost certainly right on how a "close" transfer would be viewed - and I think quite rightly so, since a transparent dodge of this type should not succeed if there has been abuse.