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ICANN's Creation of more sponsored TLDs
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I disagree that the new TLDs are "succeeding or failing on their own merits". To the contrary, ICANN has imposed an intensive system of restrictive regulation on new TLDs. This has created a situation in which the operators of those TLDs must come begging to ICANN in order to adjust their offerings to accomodate actual market conditions.
ICANN has also burdened the new TLDs with an expensive, and largely, useless obligation to generate report after report to ICANN. It has been said that in some TLDs several people have had to be hired simply to write these reports. (Presumably ICANN's huge staff increase is due in part to hiring people to read these useless reports.)
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"I disagree that the new TLDs are "succeeding or failing on their own merits". To the contrary, ICANN has imposed an intensive system of restrictive regulation on new TLDs."
This is absolutely correct....of course, what we hear is that these restrictions are by way of "mutual contract agreement". My guess is that, underneath it all, the delay in the .PRO launch has had something to do with "mutual agreement" where, in absence of, illustrates the very nature of the penalty....just my guess.
Ray
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Very possible. But we're talking two separate issues.
One is ICANN's imposition of contractual language and the other is creating more TLDs for more competition.
ICANN can impose this language because they know that if the registry refuses, there are more waiting to take their place. ICANN perpetuates its power by choking off the competitive stream.
Force ICANN to allow all qualified applicants, and their power to impose such draconian restrictions is easied. You go a long way towards solving both problems at the same time.
-John
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"ICANN can impose this language because they know that if the registry refuses, there are more waiting to take their place. ICANN perpetuates its power by choking off the competitive stream."
Leverage is very powerful....my take is that this is the ICANN part of Davies vs. ICANN & Afilias...i.e. No sunrise then no contract (that's the leverage)...and, in the end, that he has been harmed as a result of the use of such leverage?
Ray
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Agreed.
It also goes towards why Afilias was chosen, irrespective of the TLD.
Remember, the board was throwing out applications based on the TLD selected, yet Afilias got in even though they had their TLD changed at the last minute.
The allegation that Afilias was a shoe-in, and the sunrise provision was part of the deal that was brokered rings absolutely true to me.
I hope this lawsuit makes it all the way. My fear is that ICANN will trot out the tired old Stability of the Internet argument, and convince the judge that even if they're all guilty as hell, the judge can't do anything about it, as bankrupting Afilias will harm the stability of the Internet.
We all know it's crap, but the judge won't.
I think it's time for some of the lawyers who help run ICANNWatch to write a friend of the court brief. Hmmm?
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Have any of those reports been made publicly viewable yet? The agreements provided timetables where various reports were to be kept confidential for varying lengths of time, after which they would be publicly available. By now, quite a few of the reports should be past their period of confidentiality, so where can we see them?
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