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?
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.
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. :)
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...]
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.
"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. "
"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."
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.
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.
[icann.org...]
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.
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.