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    This discussion has been archived. No new comments can be posted.
    Analysis of .info Sunrise Registrations | Log in/Create an Account | Top | 26 comments | Search Discussion
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    Re:erformance Anxiety
    by cambler (chris@ambler.net) on Thursday July 10 2003, @03:02PM (#11921)
    User #36 Info | http://onthenet.ambler.net/
    Well, let me answer you, since I was the one doing the talking - though if I miss something, I'm sure someone else will point it out :-)

    ICANN's assertion that no applicant could be successful without IP protection seems to me to have been a statement that without IP protection, ICANN wouldn't approve that applicant (not that they wouldn't be successful in business). That is, at best, opinion, and at worst, ICANN throwing down yet another hoop to jump through.

    With that said, however, we had no sunrise provision. What we did have was a very clear statement that we'd abide by the UDRP, and that we'd give trademark holders a period during which we wouldn't allow any new registrations in .Web, and would freeze the database so that they could inspect it and file UDRP challenges on existing names.

    We also proposed to offer current registrants, who may have registered a name before the whole IP issue came up, the opportunity to exchange any name for any other available name. In other words, an opportunity for a .Web domain holder to divest themself of the name if they felt that it infringed upon a trademark, and not have to just abandon their registration fee.

    Between the two, we felt that this addressed the issue without having to resort to a sunrise that could be full of problems, as it turned out sunrises were.

    It is to note that we met with the IP folk at the time, and they gave us their endorsement. You remember that endorsement / no endorsement paper that they circulated at the time?

    Now, as far as whether .Web will do well in today's market, well, I would say that I'd be the one to be worrying about that (along with the rest of the IOD partners). It's a business risk for us. But it's not a stability risk, nor any other kind of risk for ICANN or the Internet as a whole. If we fail, we fail. We surely can't do any worse than some other TLDs that have been introduced.

    Isn't that what introducing competition for .Com is supposed to be about?

    Christopher

    --
    Ambler On The Net [ambler.net]

    [ Reply to This | Parent ]
    Re:erformance Anxiety by cambler
    Re:erformance Anxiety
    by fnord (groy2kNO@SPAMyahoo.com) on Thursday July 10 2003, @09:31PM (#11926)
    User #2810 Info
    Christopher writes:
    ...and that we'd give trademark holders a period during which we wouldn't allow any new registrations in .Web, and would freeze the database so that they could inspect it and file UDRP challenges on existing names.
    Am I to understand that following that period it would be first come, first served, and I could equally register sun.web (assuming it was available) whether I was Sun MicroSystems or wanted to put up a Sun Tzu fansite? Mindful of course that if the latter I would no doubt then be faced with a UDRP action. And BTW sun.info does appear to be registered to Sun MicroSystems, and in line with the article it doesn't resolve.

    Regardless, while you did make some moves in the IP folks direction, I do think such things as sunrise gave other applicants more weight. That is, the more IP friendly you were, the more ICANN liked you, and there are no shortage of examples to show that that is always ICANN's M.O. As for competition for .com, it is far too late for that, barring some killer app addition that .com couldn't use. Not allowing real competition to Veri$ign is also ICANN's normal M.O., witness the decisions on .net divestiture and the WLS for just two examples.

    As to your question elsewhere on the thread regarding a legal cause of action, I watched the whole new TLD process as closely as an outsider could and it seemed quite clear to me that some ICANN staff were doing all they could to sandbag your application and, but for the last minute musings of Vint Cerf with an assist from Ken Fockler, Afilias would have been granted .web. Now this might just be that ICANN insiders don't like you (I don't know if they do or not, but if they don't I'd wear it as a badge of honor), or it could be more sinister and there may have been graft, bribes, and/or corruption in play. It would of course be up to a judge and/or jury to draw the same inferences I did, and it would take at the very least good lawyers and a bit of luck to prevail, but during the process of discovery I suspect that, short of the shredder working overtime, additional examples of how you (and some others) were sandbagged may well have come to light. I suspect that if you, or another applicant (and there were some rumblings of that being a possibility), had filed suit that ICANN would have been quick to settle out of court, and much more quick with another new TLD round. Of course you're a business, it isn't your job to be a white knight. I do think you should be given the chance to succeed or fail, along with most of the other applicants, and many others if they so wish. I also think that while you and others may not fail entirely, even in the aggregate, you would not provide any real competition to Veri$ign. -g

    [ Reply to This | Parent ]


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