Andrew,

I don’t want to beat this horse to death and as you said your original reason for this blog post has nothing to do with the big left tuen it’s made.

For the record I can appreciate having access to the WhoIs archives but I do hate to see it used against domainers in UDRPs just by virtue of someone owning lots of domains.

That said, the issue goes beyond someone’s right to “free access” to WhoIs.

DT is actually compiling and selling that WhoIs data.

That is not just access.

Anyway lets get this topic back on track
and let Versign (or whomever) decide if what DT is doing violates their terms and if they want to do something about it.

I hope you’ll continue blogging about the various DT tools you find useful without reservation despite my intrusive comments which I do hope you consider friendly participatory retorts.

Right, what I’m saying is I’m not sure if ICANN would allow VeriSign to limit access to whois. I think you’re right, it’s VeriSign who gets to decide whether DT violates their terms. But then you also have the registrars, which is where the actual registrant data is held in the ‘thin whois’ model. I also don’t know that ICANN would let them limit access to that information, since they are required to provide ‘free access’. My guess is it’s never been directly addressed with ICANN, but I’d love to hear from someone who may have some insight into that.

I have no idea if VeriSign is allowed to limit access to whois

Andrew, also from VeriSign’s TOS as Patrick mentioned:

VeriSign reserves the right to restrict your access to the Whois database in its sole discretion to ensure operational stability. VeriSign may restrict or terminate your access to the Whois database for failure to abide by these terms of use.

I could be wrong, but DT doesn’t exactly use “electronic processes that are high-volume and automated” like, say, what Verio did in their later suit by Register.com. Besides, it’s VeriSign who gets to decide whether DT violates their terms or not, despite how others interpret VeriSign’s TOS.

I have no idea if VeriSign is allowed to limit access to whois, and if so what constitutes “high volume” or “automated”. I do know that registrars have to provide ‘free’ access to whois information. I haven’t read any of their contracts with ICANN. If VeriSign had a problem with this, they would have addressed it. My guess is open access to whois helps VeriSign, as many people who use whois data register domain names based on it.

I left off this link by error:
http://snurl.com/WhoIsDNW

Andrew,

DT is doing a lot more than letting you “know who owns a particular domain name”.

That might be a true statement for domains registered at their Registrar(s).

But they have gone far beyond that.

They are compiling WhoIs data across the board.

I only used GoDaddy as an example. Every Registrar that I have seen has the same terms and conditions as Godaddy.

GoDaddy didn’t create those terms.

If you visit Internic WhoIs and type in
“DomainNameWire.com? which I did , you’ll receive this notice:

Terms of Use excerpts:

“TERMS OF USE: You are not authorized to access or query our Whois database through the use of electronic processes that are high-volume and automated except as reasonably necessary to register domain names or modify existing registrations”
–
“the Data in VeriSign Global Registry
Services’…Whois database is provided …
information purposes only,…”
—-
“By submitting a Whois query, you agree to abide by the following terms of use:
You agree that..The compilation, repackaging, dissemination or other use of this Data is expressly prohibited without the prior written consent of VeriSign.”
–

Andrew,

These are Verisisn’s terms not GoDaddy’s.

Do you really believe DT obtained “written consent”?
–

“Many of the systems you and I use in day-to-day domaining rely on automated querying of whois”

Yes Andrew, but there is a BIG difference.

You are not performing such activity with the purpose of compiling, repackaging, or disseminating the WhoIs info for commercial profit.
–

“I would also argue that domain tools has been good for the domain industry”

For the domain industry or for them?

Fire can keep you warm of burn you to death.

Water is needed for life, fun to swim in but can also drown a four year old child.

Yes, DT’s WhoIs info service is good if you want to find out what domains Frank Schilling owns or anyone else’s domain portfolio.

But nefarious parties that want to take your domain(s) can also use the info against you
in UDRP or court filings.

DT does not distinguish between good usage of
the WhoIs data or bad usage.
–

“…but I think we’d be worse off without it.”

Only if you’re lucky.