[RFCI-Discuss] Domains By Proxy

[Derek J. Balling]

Ponder the following for the moment:

  Registrant:
     Domains by Proxy  Inc.
     DomainsByProxy.com
     15111 N. Hayden Rd.  Ste 160  PMB 353
     Scottsdale  Arizona 85260
     United States
     Registered through: RegFactory
     Domain Name: MADETAD.COM
        Created on: 10-Dec-06
        Expires on: 10-Dec-07
        Last Updated on:
     Administrative Contact:
        Private  Registration  MADETAD.COM at domainsbyproxy.com

        Domains by Proxy  Inc.
        DomainsByProxy.com
        15111 N. Hayden Rd.  Ste 160  PMB 353
        Scottsdale  Arizona 85260
        United States
        (480) 624-2599      Fax -- (480) 624-2599
     Technical Contact:
        Private  Registration  MADETAD.COM at domainsbyproxy.com

        Domains by Proxy  Inc.
        DomainsByProxy.com
        15111 N. Hayden Rd.  Ste 160  PMB 353
        Scottsdale  Arizona 85260
        United States
        (480) 624-2599      Fax -- (480) 624-2599
     Domain servers in listed order:
        NS1.HEDOLAV.COM
        NS2.DEBERTS.COM


[ignore for the moment the reality that the ownership of this domain  
has since changed hands, please just pay attention to the WHOIS data  
above]

This domain was submitted to the WHOIS zone, and the submission was  
rejected.

Our contention, in rejecting it, is that as a point of fact (from an  
ICANN/VGRS perspective), Domains By Proxy **IS** the registrant/ 
owner, and it is their domain to do with as they will. There may  
certainly be contractual requirements between them and a licensee,  
but the reality is that -- from a UDRP standpoint -- the licensee has  
very little leg to stand on. (Although they may have plenty of leg on  
a contractual basis, no argument there)

The WHOIS boilerplate even says as much:

	Please note: the owner of the domain name is specified in the  
"registrant" field.

So, our contention is that -- as distasteful as it may be -- such a  
submission is not technically valid in accordance with our listing  
policies for the WHOIS zone (unless, of course, the Domains By Proxy  
information were shown not to work, etc., etc.)

Essentially, the fact that they sublicense the domain to someone else  
is no different than if I registered "FOOBAR.COM" in my own name and  
pointed its services at someone else's servers for a while since I  
wasn't using it. I'd still be the *owner*, as I am the Registrant.

The submitter touts such ideas as "Beneficial Ownership" just because  
the licensee pays money to the licensor. However, I would point to  
the FOOBAR example and ask "if I charge them $10/yr. to use the  
domain I'm not presently using, have I lost my interest in the  
domain?" and I believe we would all agree the answer is no, so I  
personally fail to see how that licensor/licensee relationship is  
relevant to the domain-ownership question.

Comments from the masses?


D

-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 2419 bytes
Desc: not available
Url : http://lists.megacity.org/pipermail/rfci-discuss/attachments/20070113/853e5bf9/smime.bin