[registrars] Grave Robbing and SEDO Fencing

[Ross Rader]

Again, another fallacy. Changing the name of the registrant in a 
database doesn't change who the legal registrant is. Whomever entered 
into the original agreement with the registrar is the registrant, unless 
those rights are legally assigned to another third party (i.e. as part 
of a sales transaction).

I am not sure why a transfer dispute provider would rule against the 
legal owner in a situation like this (assuming that the registrant was 
able to prove ownership, etc.). I can understand a "no finding". The 
TDRP shouldn't be examining whether process was followed, but rather, 
that the wishes of the registrant have been executed. I can understand 
why resolution providers might examine process, but to rely on it solely 
to determine outcome seems shortsighted.

Lau wrote:
> Ok, let me rephrase...
> 
> If the Registrant and Admin are fraudulently changed, and then a Transfer is
> processed, then according to the TDP and the Gaining Registrar, the transfer
> is fine. 
> 
> If however, the Losing Registrar agrees that the listed Registrant was not
> actually the Registrant due to an internal error or fraudulent change, then
> yes, I can see that the TDP would apply.
> 
> Any real world experiences where the Losing Registrar admits to a fraud
> happening on their end when the Gaining Registrar is fighting the TDP
> (claiming that all process was followed)?
> 
> Thx
> 
> Richard
> 
> -----Original Message-----
> From: Ross Rader [mailto:ross at tucows.com] 
> Sent: 07 August, 2007 2:55 PM
> To: Lau
> Cc: 'Paul Lecoultre (CORE secretariat)'; 'Registrars Constituency'
> Subject: Re: [registrars] Grave Robbing and SEDO Fencing
> 
> Lau wrote:
> 
>> Am I wrong? (Please, someone, tell me that I am).
> 
> The subtlety that tends to get missed is that the transfer policy hinges 
> on whether or not the registrant, or the admin at the behest of the 
> registrant, approved the transfer of registrar. I am not sure why this 
> has been interpreted as "if the admin approved it, it must be good", but 
> this has been the case since the policy was implemented. If the 
> registrant hasn't agreed to it, even if the admin has, it is technically 
> a bad transfer.
> 


-- 
Regards,

Ross Rader
Director, Retail Services
Tucows Inc.

http://www.domaindirect.com
t. 416.538.5492