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    This discussion has been archived. No new comments can be posted.
    Did Jeff Davies find a legal loophole? | Log in/Create an Account | Top | 143 comments | Search Discussion
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    Re: Did Jeff Davies find an legal loophole?
    by Anonymous on Thursday December 26 2002, @04:09AM (#10723)
    "Indeed, the bigger issue here was not the "locking out" of Jeff Davies' domains, but the "locking out" of millions of ordinary internet users who were not able to participate in the distribution of the DNS on the "fair and equitable" terms cited in ICANN's fundamental mandate."

    Registrars were taking pre-registrations prior to the Sunrise period...and many were charging fees for this service. In order to increase ones "odds" for a single domain - notably those generic - particpation with as many registrars as possible for the same second level string was a necessary strategy.

    In contrast, the charging of pre-registrations could have been outlawed. Or, the pre-registration process could have began AFTER the public announcement of domains "claimed" during Sunrise.

    So, as plain as day, the launch of the unsponsored-unrestricted .INFO was about one goal: Registrar profits. Afilias is owned by registrars. ICANN created the registrar model. The fact people would pay numerous registrars a pre-registration fee for the same second level domain to increase odds was staged. This was a model based upon maximizing unit volume objectives where a second level string would be sold not once for a fee - but hundreds if not thousands of times before finally having to assign it to a single party.

    The fact the most desired of domains - being generic - would then be removed during Sunrise was a known occurrence. This is what ICANN's registrar model delivered to the community for the first ever TLD expansion:

    1) A single uTLD owned by the registrars.
    2) A pre-registration and Sunrise process designed with the goal of selling a single domain as many times as possible to as many consumers as possible.

    ...and is exactly what happened. It's why so many were affected by the list of generic Sunrise registrations when this was made public. Why not mandate the pre-registration process to the general public only AFTER Sunrise? Oh no - not a chance...this simple rule would have ruined everything. Instead, people were out time and money, in some cases a lot of money...so they went digging to find out what happened...they then found some things and made them public...others became alarmed (even if they were not out much money and time) and they went digging too - and found a lot more. It became where every registration was under scrutiny by the general public - can you blame them? Many of the people doing this were relatively new to the space, attracted to it because of the expansion without knowing much of the history...now many are experts of the "roll-out" and may be recognized as such by a court of law.

    In the end, this was about selling a single domain as many times as possible to as many consumers as possible...and who sells domain names to consumers? And who were the principles behind the .INFO TLD? Gee whiz, same people. Folks, this stuff goes back to 1996 and the results of what we now know as the .INFO roll-out were all discussed back then. People knew these results. It's why a registrar-owned model was chosen for the only unrestricted-unsponsored TLD.

    As bad as INFO has been in ripping people off, keep in mind one thing: Volume and particpation from consumers was less than these people had been planning (and hoping) upon. They thought this was going to be .com all over again but with the kicker of selling the domain many times before it's final resting place...this goal can only be achieved at launch....after launch, this opportunity is gone for ever! To suggest that Individuals were meant to be "locked-out" of the process is not accurate...heh, just the opposite. In other words, the people behind this model expected to do more damage, such as .com like volume...but with the added icing where a single second level string would be sold many times over before it finally ended up in one place - something not even .com ever had. Trademark interests got their Sunrise. But, don't think for a minute the uTLD .INFO model was not about finding a way to sell a single domain as many times as possible in a very short period of time...that's all it was about and required public participation to achieve.

    This model has been pre-planned dating back 5 years ago before ICANN was even created. It's the same people and signifies - in full living color - what ICANN's competitive registrar model has delivered to the community.
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    Re: Did Jeff Davies find an legal loophole? by Anonymous
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