[ncdnhc-discuss] Deletes Task force

[Milton Mueller]

Here is a sensible position regarding deletes advocated by
a lawyer with some experience: (John Berryhill).
I think this statement can provide Adam with some
guidance regarding NCUC policy:

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Can you imagine filing a cancellation petition against a trademark
registration that is up for renewal in a couple of weeks, and you 
don't know whether the registrant would renew?  That would be 
pretty stupid, now wouldn't it?

It's funny how people's common sense flies right out the window 
when the subject is domain names.

Yes, this issue has been addressed by the deletes task force, and 
my comments there are identical to my comments here - a domain 
name registration is a contract which is entered into for a fixed period 
of time.  Just because you, a third party, have an objection to that contract, you do not have a right to extend the term of that contract
against the will of the two parties to the contract.

There are people who do not respond to cease and desist letters 
because it is often the case that it is easier to simply let a domain name expire and be done with it, than to educate an attorney who sends you,
for example, a Verisign RNCA when the domain name is not even 
registered through Verisign.

There are also attorneys who have no idea what it costs to pay for
notarization of a document in some countries other than the USA (it 
can be substantial in some countries).   Those registrants who are 
relying on the expiration date for which they contracted are ENTITLED 
to rely on the fact that the contract will indeed expire on the date they 
agreed it will expire.


[snip]

I have counseled numerous domain registrants to simply allow 
their domain names to expire when they are faced
with the determined ignorance of some attorneys who profess 
expertise in this area.  As such, domain registrants are entitled 
to rely on the expiration dates for which they contracted.