On Jul, 2 2007 21:53 CEST, dave wrote:
As I understand gandi is subject to French laws and jurisdiction.
This is absoutely correct. And not to forget that our activity is also governed by the rules and regulations of domain name registration by the Trustee Authorities (ex. ICANN) and the Registries (Verisign, PIR, etc.). There are therefore several levels that apply to our activity, and thus our customers, who in the end, choose to accept when registering a domain name with us, or use our services.
Obviously this is something unheard of here in north-america.
....two words: "malfunctioning costume" ;)
if gandi receives a letter/email form, say, german/french nongovernmental organization that would demand closure/suspension of a domain registered with gandi, by a person who lives in, say, the US and not a subject to European laws, as well as has his website physically located on an American/Russian server (or any non-European country with strong free speech laws). What would gandi do in this situation?
We would start by reading the letter, and examine the situation. We always act accordingly and within the bounds of French law, our ICANN accreditation, our contract with the registry, and the terms and conditions of our contract as accepted by you - our customer. Each case is, obviously, unique. A cookie-cutter reply to this question would be a bad thing, so you will not get one here...sorry! :)
Moreover, if those organizations get a court order (lets imagine this too) - how much time would I have to transfer away?
One of the reasons we are the preferred registrar for anti-spam organizations is that (well, in addition to our clear anti-spam stance...) is that we act responsibly when faced with such requests. I brought this subject up in out blog at the following page, which you might find interesting, and which includes a link to a CNET article that declares Gandi as one of two registrars that"...offer(s) the most extensive guarantees against unnecessary domain name suspension.": http://www.gandibar.net/post/2007/02/05/CN... So, as I said in our blog entry on our fight against spam ( http://www.gandibar.net/post/2007/01/11/Ga... ), "We're not trigger happy...each case is very carefully examined and well documented before any action is taken, so unless you are a spammer, fear not!". Best regards,
Ryan http://www.gandi.net/