Dear drafting group members and Councilors, Please see the summary of public comments below – the single
comment on-topic was posted by Danny Younger and is included in full in the
summary. As the GNSO handling of this PDP has concluded and the outcome is now
due for the ICANN Board, I would appreciate comments to the statements made by
Danny Younger, in order to fully inform the Board’s handling of the PDP
outcome. Very best regards Olof Nordling ------------------------------------------------------------ Summary of
Comments for the Inter-Registrar Transfer Policy Denials Definitions PDP “A
domain name is within 60 days (or a lesser period to be determined) after being
transferred (apart from being transferred back to the original Registrar in
cases where both Registrars so agree and/or where a decision in the dispute
resolution process so directs). “Transferred” shall only mean that
an inter-registrar transfer, or transfer to the Registrar of Record has
occurred in accordance with the procedures of this policy.” Danny Younger
states the following: “With
regard to Denial Reason #9, I take issue with the clause "or transfer to
the Registrar of Record" included therein. In the
first instance, this clause is out of scope as the clarifications requested
were only to pertain to inter-registrar transfers. In the
second place, the clause serves to validate the unacceptable practice known as
the Registrar Direct Transfer, i.e. "Should you choose not
to renew your domain name during any applicable grace period, you agree that we
may, in our sole discretion, renew and transfer the domain name to a third
party on your behalf (such a transaction is hereinafter referred to as a
"Direct Transfer")." Third, the
clause is anticompetitive. With this language, the following scenario
would unfold: 1. a
registrant doesn't renew his domain name and the domain is transfered to the
registrar of record 2.
The registrar auctions the domain to a third party 3. The third-party is prevented from readily
transferring the registration to another registrar because of the 60-day lock.
This practice serves to keep most Direct Transfers at the incumbent registrar
(as such impeding free competition for domain name registration
services).” |