DRS consultation - outcome

[grandin]

Not clowns

I don't think the PAB members are clowns and I have been told repeatedly that the most respected bodies on the PAB are only there to observe...I put a complaint to the DTI representative and he seemed to misdirect my complaint so I went to my MP....that DTI representative has now been replaced...the Patent Office comes under the DTI and they issue Trade Marks. AND Trading Standards come under the DTI and they deal with unfair contracts....

Maybe no one has clue and maybe we will all remain clowns until we are able to make informed decisions based on a solid foundation of knowledge

I am hoping that a Nominet expert can shed some light on some importnant issues soooon

Lee

 

[GWing]

If nominet thing that it's right for domainers to trust there £20,000 - £30,000 names to the Royal mail delivering a single letter, they are absolutley bonkers.

Personally if anyone suffers from this, I'll contribute to whatever legal fees they need to challenge it.

Nominet's lost the plot

 

[retired_member11]

Serious though the PAB meeting is on Wednesday (11th July) when we will review the "Feedback from DRS consultation" report (written by Nominet):

http://www.nic.uk/policy/pab/nextmeeting/

If you have any ideas/concerns/thoughts about it please email me or the rest of the PAB via
[email protected] before Wednesday.

I am personally (as a Nominet member) strongly against the "default transfer process" and will make this known at the meeting.

Never mind all the loopholes and problems with it...... it wasn't even on the original DRS consultation and it was only suggested (I think) by Claire Milne (DRS expert) as a "new drs option": http://www.nominet.org.uk/digitalAssets/16649_Claire_Milne.pdf

Not only that there is not enough time to work out the consequences of the proposed changes. The DRS report was put online one week before the PAB meeting when it should have been ready by "end of May 2007" http://www.nic.uk/digitalAssets/19826_DRS_Consultation_update_May_07.pdf

If this proposal goes ahead the Complaint MUST be sent by Nominet to the Respondent by recorded delivery. Anything else would be grossly unfair. An assumption of receipt just isn't right.

Presently a DRS Complaint remains confidential unless an Expert is appointed. Perhaps this should change and a list of Complaints be published on Nominet's website; only the domain name, no other details.

 

[stevebrowne]

But for those of us who keep our domain details up to date, with valid postals and email addresses, why is there an issue?

If the turnaround time is maybe slightly longer to cope with overseas registrants, then that might help I suppose, and maybe even a new type of suspended, whereby instaed of going straight to the complainer it goes to a status where a page is displayed for 28 days warning of what is due to happen. Gives the original owner a kick up the butt to do something before it gets taken away!

I will need to check ALL my domains have the correct details! I'm pretty sure they all do, but better safe than sorry!

Now, wheres my list of domains with no contact details...

 

[GWing]

Steve,

Believe me mate, the Royal Mail are useless in certain cases. I use them to send out items everyday. First class recorded items taking 8 days to arrive, some go missing. They let random people stood near the property sign for things. I'd hate to have a £20,000 domain name riding on their competance, not that I have one, unfortunatley

guys with good domain names are just going to be writing replys to this junk hijacking attempts for most of their weeks.

How many attempts can be made against one domain name, if Mr A makes an attempt against domain.co.uk and the registrant defends it, what if Mr B makes an attempt? How many times will this go on?

it's like me saying that a guy has a nice car on his drive and hasn't used it for a few weeks. That it should be handed over to me because I'd use it better, how stupid is that!

 

[Whois-Search]

Also people might start having a pop at names they otherwise would have no chance of winning in a full DRS. For example I could stick ones in for: andrew.co.uk whois.co.uk bennett.co.uk

I wonder how many Nominet would actually accept a DRS on and how many they would actually default transfer......What happens when the name to be transferred is owned by a multinational company with millions of pounds to spend on legal fees? Instead of your average cybersquatter http://www.nic.uk/disputes/drs/decisions/3cases/

Finally you would think Nominet would have learn't from their apology on bounce.co.uk http://www.nic.uk/digitalAssets/10081_bounce_appeal.pdf

 

[Reddy]

If/When the new rules come into force, how many speculative DRS submissions do you think Nominet will start receiving for names like casino .co.uk, poker .co.uk, sex .co.uk ...?

Would you risk £10 to be in with a chance of a default judgement for such a premium name? Spectulators will be queuing up to throw tenners at Nominet, just to be in with a shot of a 6-figure domain.

As GWing said, if you were the Registrant of say poker .co.uk, you could be getting DRS submissions every other week, which you would 'have' to response to - no matter how daft or unsubstantiated they are. And if just one of those letters from Nominet were to go astray!

It's not just a matter of keeping contact details up to date, you will need to be ready to defend your domains time and time again, and again.

Just another thought. What if you discover a Registrant has recently died? You could submit DRS's for all his best domains. Chances are no one will response in time, so you pay the £200 each for the default transfers.

Incidentally, I assume DRS submissions will be on a FCFS basis, so those nearest to Oxford and with the fastest legs will be able to get their DRS submissions in first? Maybe DRS Catcher companies will start up in the same way we now have drop catcher companies?

 

[tifosi]

Don't know whether to laugh or cry...

I don't know which is more disturbing. This or the the 'project waitlist' people cranking up the solution looking for a problem.

S

 

[retired_member12]

...What if you discover a Registrant has recently died? You could submit DRS's for all his best domains...

I knew all that training would come in useful one day. This is my destiny to make some money from the domain name sector.

One professional hitman for hire. PM for a quotation!

 

[GWing]

I'm going to make a script to auto check all your names in the obituaries.

Soon as one of you drops (always something dropping isn't there), your next of kin will have 28 days to bury you, finish grieving and then get down to the solicitors for the reading of the will. Then reply to Nominet, all in under 28 days.

I was looking for precedents of this happening and found that New Labour has suggested it in 2004, they stated that legal provisions would be made for vacant houses to be compulsory purchased by local authority's and made available to local people on the housing list.

They got laughed out at the white paper stage of parliament, it was decided it was unlawful and legal challenges would be endless.

Thing is, those plans got laughed out and they were still planning on giving the original owner the market value for their property. Nominet are not going to give you any kind of compensation.

 

[paul]

This idea must be a joke/red herring to distract from the rest of the Executive's analysis of the consultation.

The more I think about it the more I think Beasty must be right. Maybe we should put a little story together for the press, this is the sort of thing they love. See how Nominet like it when the tables are turned.

 

[retired_member11]

Putting this default idea to one side just for a moment, is it known approximately when the new Policy will go live and will it give more scope for sellers to actively market their names without fear of of a Complaint being made?

 

[grandin]

Default Transfer Request

My default Transfer Request:-

The Registrant has registered a common word as a domain name ending .co.uk. The Complainant has equal rights in the common word and the Registrant is not making fair use the domain name as it does not host a website and it resembles a blank page. The Complainant considers a blank page to be offensive and therefore abusive.

The Complainant orders the transfer of common word domain name to a more wanting party i.e. the Complainant.

Lee

 

[Whois-Search]

If you look at the respondents in the decisions table:

http://www.nic.uk/disputes/drs/decisions/decisions4001/

The registrants constantly causing the 'no response' problem are those already in the 3 cases respondent table:

http://www.nic.uk/disputes/drs/decisions/3cases/

Therefore why doesn't Nominet only apply the "default transfer process" to those who have had 3 cases against them?

 

[Johnp]

A sound suggestion. I had thought of that myself but being somewhat of a mischief, was looking forward to a few speculative DRS's at £ 10.00 a pop.

However I still have issue with the time limits on a DRS case, I personally feel these to be too onerous on the respondant. Perhaps a 30 day grace period where the domain is suspended should be introduced to focus minds on going through the mediation process, before the complainant is allowed to pay the fee (whether this be £ 200.00 or £ 750.00)


Best Regards


JohnP

 

[Johnp]

Just had seconds thoughts on that - 30 day suspension only for the '3 respondants' table registrants (just spotted this would allow any malicious DRS case to take a site off air for 30 days - opps). Other than that an additional 30 days to get a response in would I think be welcome for all of us that don't sit by the letter box.


Best Regards


JohnP

 

[grantw]

Therefore why doesn't Nominet only apply the "default transfer process" to those who have had 3 cases against them?

A good idea but that would publicise the registrants that the default transfer process applies to and would surely lead to people PRSSing the registrants and launching multiple DRS cases on their best domains in the hope that they continue to not bother responding?

We all spotted that this 'default transfer process' is full of massive holes within 2 minutes of reading the consultation paper, If this was discussed in depth by Nominet and noone raised the points we have it is very worrying indeed!


Grant