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[ICANN-EU] Re: Register.com snaps up Afternic.com



Christopher and all,

  Well researched and well stated piece here Christopher.  I hope
others read it carefully.  Did you happen to send this to the WIPO
Process2 list?  If not possibly you should.

Christopher Stewart wrote:

However, it must also be pointed out that Afternic.com sued ICANN over their
refusal to accredit the company and later agreed to terms that would allow
Afternic to become an accredited registrar under a subsidiary called
eXtraActive, Inc.

http://www.domainnotes.com/news/article/1,2160,3371_414521,00.html

As well, according to Register.com's financial records it owns a 10% stake
in GreatDomains.com(a domain broker). This was as of last quarter so I
cannot confirm that it still does.

I think the issue will not be about "cybersquatting" , referring to the
Afternic.com/Register.com deal. NetworkSolutions.com offers a site to list
domains for sale via

http://webdomain.networksolutions.com/buyers.cfm

AFternic.com does not 'Sell' the domain persay, they merely act as a
facilitator to allow sales to occur, much like the Network Solutions site.
In both circumstances neither company is being held responsible for third
party negligence or ignorance towards the UDRP.

I do not intend this comment towards Patrick and appreciate his candor in
posting this tidbit of info, however, often the point of contention is a
lack of understanding within the domain community about EXACTLY what
services these companies offer (Afternic.com and Greatdomains.com). Instead,
selling a domain is labelled as "cybersquatting" by default rather than a
commercial exchange governed by the same laws as any other commercial
exchange. The term 'cybersquatter' is frequently misused and defined
incorrectly, thus leaving those in this community and the internet community
as whole with a bad taste in their mouth whenever 'domain selling' is
mentioned.

Too many examples of WIPO injustice could be referenced here. In fact, it
seems that just 'owning' (or being the registrant) of a domain is construed
as cybersquatting, less the attempt to sell -- which flabergasts us all I
hope!

Regards.
Chris

>From: Patrick Corliss <patrick@QUAD.NET.AU>
>Reply-To: Patrick Corliss <patrick@QUAD.NET.AU>
>To: DOMAIN-POLICY@LISTS.NETSOL.COM
>Subject: Register.com snaps up Afternic.com
>Date: Sat, 16 Sep 2000 10:14:38 +1000
>
>Thanks to Ross Wm. Rader of OpenSRS for reminding us of the implications of
>this story on their discuss-list@opensrs.org where he wrote:
>
> > As far as ICANN goes, we can only conjecture what their next actions
>will
> > be. They have officially stated for the record that they will under no
> > circumstances accredit a firm that actively engages in, or knowingly
> > facilitates cybersquatting. Further, they denied accreditation to
>AfterNIC
> > on this basis. Bystanders can only assume that they will review
> > Register.com's accreditation in light of this new information.
>
>http://www.zdii.com/industry_list.asp?mode=news&doc_id=ZE505618
>
>Register.com snaps up Afternic.com
>
>By Tiffany Kary ZDII
>
>Internet domain name registrar Register.com, Inc. (Nasdaq: RCOM) said
>Friday
>it will buy Afternic.com, a provider of domain name resale services for
>4.38
>million shares of common stock and $10 million in cash.
>
>
>Regards
>Patrick Corliss

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