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ICANN's Creation of more sponsored TLDs
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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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