FW: [atlarge-discuss] Challenge from Ross Rader 1.4

["Jkhan" <Jkhan@MetroMgr.com>]

The Magna Carta "Law for the Elite" vs. The Common Law "Law for the
People"

-----Original Message-----
From: Joop Teernstra [mailto:terastra@terabytz.co.nz] 
Sent: Thursday, August 22, 2002 4:39 PM
To: ross@byte.org; DannyYounger@cs.com
Cc: atlarge-discuss@lists.fitug.de
Subject: Re: [atlarge-discuss] Challenge from Ross Rader 3

At 06:02 p.m. 22/08/2002 -0400, DannyYounger@cs.com wrote:
> From Ross Rader's byte.org blog:
>
>"I asked the question a week ago, but still don't "get" the answers. A
few
>people included me in a thread going on over on the at-large discussion
list
>regarding what the arguments for and against individual participation
in
>ICANN actually are. The answers coming back weren't all that convincing
- all
>I managed to take away was that users are entitled to a seat because
they use
>the system. Not terribly convincing. Convince me."

Ross,

Imagine for a moment that you are not a registrar, but a registrant.

Then read you own Tucows DN registration contract or the contract of any

other registrar.
Do you not think you would have written that contract a litte
differently 
if you were the Representative of the Registrants, authorised to
negotiate 
such a Registrar contract on behalf of the registrants?
How about clauses that allow deletions at the registrar's sole
discretion? 
Liability exclusions for gross neglect?

I may be able to convince you as an Individual, but in this debate you
are 
a Registrar, the *other* contracting party.
Of course the Registration industry cannot be "convinced" that
unilateral 
contracts of adhesion with captive customers are not a great idea.
I'm afraid more than convincing is needed.

--Joop


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