[bc-gnso] TLD pre-registration

["Philip Sheppard" <philip.sheppard@xxxxxx>]

This is out for consultation.
The public comment period opens on 18 December 2009 and closes on 27 January
2010. Details at:
http://www.icann.org/en/public-comment/#draft-eoi
<http://www.icann.org/en/public-comment/#draft-eoi>  

 
My draft initial comments are as follows.
Comments ?
If there is consensus / support I'd be happy to write something up as a BC
position.
Philip
 
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We oppose the concept of pre-registration and expressions of interest (EOI) for
the following reasons.

1. Distraction
The EOI process should not distract ICANN from the fundamental task of
addressing unresolved issues relating to new TLDs such as trade mark protection
and malicious conduct. 

2. A true pre-registration
The proposed mandatory EOI process with a $55,000 fee is described as a
pre-registration suggesting that it is not reversible regardless of the
unresolved overarching issues such as trade mark protection and malicious
conduct. 

3. Inconsistency
The principle of pre-registration is inconsistent with all previous ICANN
practice.

4. Ignores market dynamics 
Brand owners may feel compelled to enter into an EOI purely for defensive
reasons, so that they do not suffer when a speculator is given rights in their
brand.  There seems to be no facility to allow competition for the same domain
names after pre-registration. Moreover, pre-registration may tip-off competitors
to new business models prematurely.

5. A lower than market fee may encourage speculation
Speculators may pay $55,000 to secure rights to certain domains instead of
$185,000 in the hope of selling on. This is surely not the intent of ICANN's
Board.

6. Applicants are forced to invest blind
Because there are unresolved issues, the pre-registration model forces
applications in ignorance of potential future costs. This is poor business
practice.

 
Philip Sheppard