On Sun, Nov 10, 2013 at 10:27 AM, Karl Auerbach <karl@cavebear.com> wrote:
In the law of contracts there is a principle of law known as Third Party Beneficiary Rights. This is a means through which third parties, who are not themselves direct parties to a contractual relationship can obtain powers to enforce and compel the obligations of that contract upon the direct parties.
It is time to clearly recognize and specifically declare that ICANN's web of contracts imbues domain name registrants and domain name users with defined third party beneficiary rights that they may enforce upon registrars and registries, and upon ICANN itself, even in the absence of ICANN's participation, even in the absence of ICANN's consent.
I am now unanimous that absent Third Party Beneficiary Rights ingrained in present dispensation, end users will always be disadvantaged. +1. Or, an entirely new framework must emerge. -Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================