[gnso-rpm-wg] URS / UDRP proposals -- data on registrar/registry compliance costs

Jonathan Frost jonathan at get.club
Fri Sep 7 17:45:07 UTC 2018


I agree with you that the majority of cases are 1 year registration
periods, but not all.  But this a red herring from my original point that
the parties that administer the curative RPMs should be treated (and
compensated) equally.  The fact is, if the system were to build in cost
recovery for the registrars and registries, it would result in more
efficient processing, and more efficient administration of URS/UDRP.

I think your idea that the Registrars/Registries should absorb the costs
because they accepted the abusive registration would have more merit if the
registries/registrars were not agnostic about the content of the
registration.  There isn't a filtering mechanism to determine the content
of a registration, and I think putting the registrars/registries in that
position would raise free speech issues.

Jonathan



On Fri, Sep 7, 2018 at 1:20 PM Paul Keating <paul at law.es> wrote:

> Jonathan,
>
> Thanks for the clarification.
>
> when a party prevails in a URS case, the domain is locked for the life of
> the domain registration: "Immediately upon receipt of the Determination,
> the Registry Operator shall suspend the domain name, *which shall remain
> suspended for the balance of the registration period* and would not
> resolve to the original web site. "
>
> This raises the issue of the disparity when a domain is only registered
> for a 1-yr period or longer.  I would presume most domains subject to a URS
> are short-term (1-yr registration).
>
> In any case the registrar has received the registration fee it bargained
> for.  It was aware of the URS/UDRP enforcement mechanisms at the time of
> registration.  It could have imposed a fee or charged a higher price.  If
> it chose not to do so then such is life.  Either way i see no reason to now
> transfer the costs to someone else.
>
> Sent from my iPad
>
> On 7 Sep 2018, at 17:30, Paul Tattersfield <gpmgroup at gmail.com> wrote:
>
> when a party prevails in a URS case, the domain is locked for the life of
> the domain registration: "Immediately upon receipt of the Determination,
> the Registry Operator shall suspend the domain name, *which shall remain
> suspended for the balance of the registration period* and would not
> resolve to the original web site. "
>
>
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