Hoarding domain names

[John Leslie <john@jlc.net>]

Hank Nussbacher wrote:
> 
> Do you have any ideas to stop hoarding?

   I think it would help to keep in mind what we are "registering", i.e.
the nameservers which will resolve names within a SLD. (We are used to
having contact information available by 'whois', but that's a secondary
issue.) Thus, registration is orthogonal to "ownership".

   I have seen a number of opinions posted about "ownership" of domains.
In most cases, the poster sees only one "natural" system of determining
ownership; and, IMHO, a lot of our confusion stems from people just not
seeing each other's systems of ownership as potentially valid.

   There is no need to define "ownership" when desigining a Central
DataBase for domain name registries. Registries with radically different
policies about "ownership" of domain names could coexist very nicely
under a single Central DataBase. We do need to designate DNS servers
which will resolve names; we do not need to designate "ownership" of the
domain. (I would hope we could keep a pointer on where to inquire about
ownership, though.)

   I think we'd be better off if we don't make any presumptions about
"ownership" of domain names. Thus, my view of the Central DataBase is
minimalist -- just the DNS delegation info and a pointer to the registry
currently responsible.

   What does "hoarding" mean under a minimalist CDB?

   I say it means that a registry other than the current registry claims
that the name is not in actual use by the proper owner. The remedy sought
is that the name be transferred to the complaining registry.

   In other words, we're in dispute-resolution territory here. The proper
question is, which registry has the better claim to represent the wishes
of the "proper owner". If both registries agree who is the proper owner,
a signed statement of current preference will resolve the dispute.

   If the registries disagree who is the proper owner, we have a legal
minefield to negotiate. To some degree, we end up waiting for the two
"owners" to find a court or arbiter to resolve the question of "ownership",
and then we execute the wishes of the "owner" that wins the court case.

   The "hoarding" case we wish to avoid is when the current registry
has really nothing to back up its "owner's" claim to the domain name.
This case, IMHO, can be effectively disarmed by conflict-resolution
rules which say "the loser pays".

   In other words, if the only thing which "hoarding" gains you is the
opportunity to lose a conflict-resolution case and pay conflict-resolution
costs, I would expect the "hoarding" problem to quickly disappear.

   Of course, hoarding can't be stopped. People quite unrelated to any
of the registries are going to reserve "good" names.  Against hoarding by
individuals, I see two reasonable deterrents:

1) A rule saying any SLD not put into actual use within, say, 60 days
   will revert to the open pool;

2) An appeal process, which can be initiated by any registry on the
   grounds of "causing confusion to the 'net community", and which
   could delay the transfer for more than 60 days -- call it a "poison
   pill" if you wish.

--
John Leslie <john@jlc.net>