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Domain Transfer ...is this legal?

admin email bounces back, can i transfer it?

         

skunker

10:59 pm on Mar 19, 2005 (gmt 0)

10+ Year Member



Hiya,
There is a nice domain name that I want, however, someone in the year 2000 has purchased it. I emailed the admin contact (after doing a WHOIS search) of that domain name and his/her email bounced back to me. I check the domain name out and there is no site, no squatter, nada.

So, if their email bounces back, can I initiate a transfer request and get the domain name that way? It is not locked...and I know that ICANN now allows you to transfer domain names if no one approves the transfer in around 5 days or so.

Is this legal?

leadegroot

11:43 pm on Mar 19, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



No.
Just because someone doesn't lock their front door doesn't make it ok to walk in and take things.

skunker

12:00 am on Mar 20, 2005 (gmt 0)

10+ Year Member



Yea, lol, just wondering. Okay, thanks.

mcavic

7:00 am on Mar 20, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It wouldn't work, anyway. First, the new registrar sends a confirmation, and the current owner must reply to that for the transfer to go through. Then the old registrar sends a second confirmation, and that one can be ignored.

The good news is that there's a fair chance it won't be renewed. If you can wait till expiration, I'd use one or two backordering services.

zivkovicp

9:01 pm on Mar 20, 2005 (gmt 0)

10+ Year Member



I have tranfered a few domain names since the latest changes and the entire process went like this:

1. Someone initiates the transfer
2. Email is sent to CURRENT owner notifying him(her) that a transfer request has been submitted, and in order to prevent the transfer from taking place, the CURRENT owner must reply to the email to stop the transfer, otherwise the transfer is processed.

That is all there is to it... at least that's how it was when I transfered to a buyer.

Give it a go, but don't be surprised if someone threatens to sue you. :)

mcavic

9:27 pm on Mar 20, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



otherwise the transfer is processed.

No. There are two confirmations, and the current owner has to respond to the first one in order for the transfer to go through.

Think about it -- why would ICANN allow a transfer without confirmation from the owner? 25% of the domains in the world would get stolen.

This is all assuming we're talking about .com, .net, .org.

[dyndns.org...]

martingale

9:42 pm on Mar 20, 2005 (gmt 0)

10+ Year Member



Does the domain have an MX? Just because they don't have a website doesn't mean they aren't using it. Maybe they just use it for email. I have a few domains with no websites that I actively use for email.

dauction

9:58 pm on Mar 20, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



mcavic
sorry to inform you but you are wrong.. if your domains are unlocked ALL it takes is for someone to initiate a transfer and if the current owner ignores the email then the domain IS transferred .

mcavic

11:37 pm on Mar 20, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I have 8 extra .com domains. If anyone wants one, just sticky me. You can initiate a transfer, and I won't respond to the email. I'll report back the results.

incrediBILL

11:43 pm on Mar 20, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Been there, done that (recently, last 3 months), if the owner doesn't reply the transfer is cancelled.

If the contact name and address are visible and you REALLY want it just look up his phone number and offer to buy it. I've done this a few times and I wouldn't offer more than $100-$200 for a dead domain, but it's sometimes enough incentive for someone to spend the time and get the paperwork notarized (assuming the email address is disconnected) for the transfer.

activeco

12:26 am on Mar 21, 2005 (gmt 0)

10+ Year Member



I have 8 extra .com domains. If anyone wants one, just sticky me. You can initiate a transfer, and I won't respond to the email. I'll report back the results.

Sticky sent.

dauction

12:36 am on Mar 21, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



also sent a sticky

activeco

12:55 am on Mar 21, 2005 (gmt 0)

10+ Year Member



ICANN - Policy on Transfer of Registrations between Registrars

"The FOA should be sent by the Registrar of Record to the Transfer Contact as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operator.

Failure by the Registrar of Record to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.

In the event that a Transfer Contact listed in the Whois has not confirmed their request to transfer with the Registrar of Record and the Registrar of Record has not explicitly denied the transfer request, the default action will be that the Registrar of Record must allow the transfer to proceed. "

And:

"Instances when the requested change of Registrar may not be denied include, but are not limited to:
...
No response from the Registered Name Holder or Administrative Contact. "

Visi

1:03 am on Mar 21, 2005 (gmt 0)

10+ Year Member



This is the transfer between registars....but you missed the step where the owner has to approve transfer before this happens. The above is to prevent registars blocking transfers only.

"This policy DOES NOT ALLOW a transfer to be performed with no consent from the domain holder. Consent MUST be provided to the Gaining Registrar before they submit the request to the Registrar of Record. It is only at the Registrar of Record (or Losing Registrar) where the transfer can be allowed to proceed without explicit consent, and that is the case only because the policy assumes (and must assume) that the Gaining Registrar has performed proper authentication and confirmation of the initial request."

dauction

1:09 am on Mar 21, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Visi
approval from the owner is by DEFAULT if the name is unlocked! I own over 400 domains..please I know what I am talking about

skunker

1:20 am on Mar 21, 2005 (gmt 0)

10+ Year Member



So, then I bring my case back to the front. Is it legal for me to initiate a transfer request if no one responds to my original email asking for purchase opportunity?

dauction

1:21 am on Mar 21, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



NO skunker it is still not legal lol nice try.

What is is though is stupidity by ICANN

Visi

1:55 am on Mar 21, 2005 (gmt 0)

10+ Year Member



dauction dont see this anywhere? If original consent by domain owner is not given then transfer cannot take place. It might happen if registar attempts it but ownership will not be legal without the consent of the owner. Please point out where I am wrong on this one?

Thanks

activeco

9:13 am on Mar 21, 2005 (gmt 0)

10+ Year Member



If original consent by domain owner is not given then transfer cannot take place.

I have to repeat this again:

"Instances when the requested change of Registrar may NOT be denied include, but are not limited to:
...
No response from the Registered Name Holder or Administrative Contact. "

Indeed, ICANN have some contradictory statements in the same document.
Anyway, mcavic provided the name and I initiated the transfer.
Let's see what happens.

Visi

5:26 pm on Mar 21, 2005 (gmt 0)

10+ Year Member



Again I note that this is dealing with the second step...after initial approval has been given by the site owner. If site owner does not respond to initial request....nothing can be done. If request is sent from registar who wants to transfer (after initial confirmation with site owner) the approval of the holding registar is not required. This was put in place to stop registars from not allowing movement.

davezan

2:01 pm on Mar 22, 2005 (gmt 0)

10+ Year Member



sorry to inform you but you are wrong.. if your domains are unlocked ALL it takes is for someone to initiate a transfer and if the current owner ignores the email then the domain IS transferred .

There is one exception to that. But I won't say it or someone could possibly take advantage
of it.

Skunker, you know what you're thinking of doing is wrong, legal or not.

martingale

2:20 pm on Mar 22, 2005 (gmt 0)

10+ Year Member



What he's doing is not just wrong, it is illegal, whether ICANN allows it or not.

davezan

4:32 pm on Mar 22, 2005 (gmt 0)

10+ Year Member



What he's doing is not just wrong, it is illegal, whether ICANN allows it or not.

Yup. It's called "theft".

Visi

5:20 pm on Mar 22, 2005 (gmt 0)

10+ Year Member



Okay, how about reading the whole document instead of taking sentances from item 3? Step 2 must occur or transfer is not legal and new registar is legally responsible.

[icann.org...]

bluedalmatian

1:18 am on Mar 25, 2005 (gmt 0)

10+ Year Member



If the registration lapses, the registrar still keeps it for a while before releasing it. Anyone know how long typically?

davezan

2:18 pm on Mar 25, 2005 (gmt 0)

10+ Year Member



If the registration lapses, the registrar still keeps it for a while before releasing it. Anyone know how long typically?

1-45 calendar days. ICANN's expired domain deletion policy now forces registrars to display
their domain deletion policies in their sites.

Just check the one you have in mind.

fischermx

10:08 pm on Mar 26, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



About transfer process.

I've been moving lots of domains from ducky registrars to namecheap.
What it happens is that namecheap ask to confirm the transfer to the prior owner (which happens to be me anyway), which must accept the transfer. If the prior owner does not accept the transfer the domain can't be moved. This is regardless the domain is locked or not.
Then, I receive another email from the duck registrar, this is the one that says that if I don't deny the transfer the transfer will be initiated anyway.
So, there's always two chances to stop the transfer, and the one that defaults to "yes, do the transfer" is the second.

What ICANN rule is doing now, is that is giving the responsability of the transfer to the wining registrar, this is because many evil registrar used to make you pass very hard days when you tried to move your domains from them.

Some inconsious/irresponsable registar didn't implemented this correctly in the begining, some may have it wrong already, but the way I've just described is the way it is supposed to work. The wining registar has the responsability to verify the transfer aproval from the prior owner of the domain.

activeco

12:20 pm on Mar 28, 2005 (gmt 0)

10+ Year Member



Update:

Mcavic was right.
The transfer process did NOT go through.

******************************************************
The following domain names were not transferred successfully:

Domain Name Rejection Reason
-----------------------------------------------------------------------
(sampledomain).com Canceled - domain contacts did not respond to verification e-mail

******************************************************

However, it is worth to note that the transfer very much depends on the registrar's interpretation of the ICANN policy.