jberryhill said:
So, Duke, have you noodled out how to actually use this policy yet?
For example, who is the "accredited dispute resolution provider", and what is the fee?
Hi John! Finally able to join in!
You know how complex dealing with trademark disputes are.
What more for people disputing actual ownership of a domain
name.
Duke, one reason why registrants have no voice is because it's
hard to tell who the
real registrant or owner of the domain name
is supposed to be. It can't be helped that some people have
their domain names registered by someone else (i.e. webmaster
or an employee) or thru a hosting provider that registers it in
their name instead of their customer's.
For lack of a better term, registrars consider whoever is listed
as the registrant as the "legal owner" of the domain name no
matter who paid for it. On the registrar side, anyone can pay
for the domain name.
I'll give you an example (and trust me, I've dealt with this and
it's NEVER pretty):
1. You tell your employee to register mememe.com.
2. Your employee registers it under his name & paid via his cc.
3. Your employee redirects the domain to the intended website
per your instructions & you subsequently reimburse him.
4. Months later, you 2 have a falling out & the employee leaves.
5. You go to the registrar's website to access the domain name
& discover, to your horror, that the domain is under your ex-
employee's name.
6. You contact the registrar & ask how to access the domain.
The agent troubleshoots, then politely but firmly tells you that
you'd have to contact the registrant (the ex-employee) since
he's the "legal owner".
While you can claim to the registrar that you reimbursed the
ex-employee, it won't hold water w/ the registrar since the
the registrant/ex-employee can always claim he registered the
domain name for his own use.
You get the drift. And I know it's VERY ugly.
All in all, it only takes just one person, one total stranger, to
claim ownership of a domain name. And it'll create problems
NOBODY wants to tackle, especially the registrars.
Another ornery problem would be hosting providers who offer
domain registrations for a very low cost or even free as part
of a hosting package. What people fail to do is read the fine
print w/c might indicate that the domain will be registered
under the provider's name instead of their customer's.
Unfortunately it's still a problem w/c has little resolution 'coz
the issue is
very complex to begin with, especially w/
the circumstances surrounding how the domain name was
registered in the 1st place.
I actually have one solution in mind, though I'll take it up w/
JBerryhill first because it has legal implications.
Currently one way to possibly resolve the registrant ownership
issue is to inform and educate the general public as to how
this works. We'd have to network with as many people who DO
show a genuine desire to inform people about how the system
currently works & gather enough strength to finally force the
issues thru & truly come up w/ honest, logical solutions.
One way to network, of course, is via the forums themselves...
John, is this what you mean:
"The Dispute Resolution Provider must be an independent and neutral third party that is neither associated nor affiliated with either Registrar involved in the dispute or the Registry Operator under which the disputed domain name is registered. ICANN shall have the authority to accredit one or more independent and neutral Dispute Resolution Providers according to criteria developed in accordance with this Dispute Resolution Policy."
I'll see if I can get some specific answers to that as well. But
from what I read there, it sounds like it's a 2 to 3 level dispute
resolution process depending on their respective results.
The first level involves the Registry of the domain extension in
question. What puzzles me is who will be the neutral party in
case the complaining registrar decided to take it to the next
level.
To make it worse, if it's still not resolved to everyone's fair &
mutual benefit, they finally have the option to take it to court.
Is this supposed to make things easier or actually complicated,
I wonder...