RE: [bc-gnso] Draft BC comment on proposed .NET Renewal

[Phil Corwin <psc@xxxxxxxxxxx>]

What specific requirements are we talking about?



 If it is rights protections mechanisms for new gTLDs then ICA would be opposed 
to applying them to .net at this time. As most of the TM protections for new 
gTLDs operate pre-launch, the principal one we are talking about would be URS. 
As there is no final Guidebook I don't know what its final criteria are or who 
he arbitration providers will be or whether the anti-complainant abuse 
provisions will be effective, all I know is that it's a $300, 500-word 
complaint with a 14-day registrant response time. I think before owners of 
valuable .net (and .com, assuming that what's done with .net sets precedent for 
.com) domains should be subject to URS before we have considerable experience 
with its operation.



Besides, my recollection is that the RAPWG did not recommend that new gTLD 
rights protection mechanisms be applied to incumbents until we had some 
experience with them. And we may well embark on a UDRP reform effort in 
Singapore and should not prejudice what it comes up with my creating new facts 
before there's been some careful consideration.



So again, what specific requirements are we talking about?



Philip S. Corwin, Founding Principal

Virtualaw LLC

1155 F Street, NW

Suite 1050

Washington, DC 20004

202-559-8597/Direct

202-559-8750/Fax

202-255-6172/cell



"Luck is the residue of design" -- Branch Rickey



________________________________
From: owner-bc-gnso@xxxxxxxxx [owner-bc-gnso@xxxxxxxxx] on behalf of Philip 
Sheppard [philip.sheppard@xxxxxx]
Sent: Wednesday, May 04, 2011 4:45 AM
To: 'bc-GNSO@xxxxxxxxx GNSO list'
Subject: RE: [bc-gnso] Draft BC comment on proposed .NET Renewal

Steve,
I think this reads well.
I would strengthen our fundamental point about equal treatment in the opening 
paragraph.
Philip
------------
OLD
While the BC generally supports the renewal of the .NET registry agreement 
including Verisign’s requested changes, the BC recommends that the .NET 
registry adhere to selected requirements mandated by the new gTLD Program.

NEW
The BC believes in the principle of equal treatment. Under this as ICANN's 
contracts evolve to suit changing market conditions, the ICANN contract renewal 
process should be the opportunity to upgrade older contracts to the new 
standards. This is fair both from a public interest perspective and from a 
competition law perspective. Under the ICANN process the contract parties are 
in the room when the conditions for new market entrants are being set. Under 
these unusual circumstances the contract parties cannot expect their older 
contracts to be immune from the changes they themselves are imposing on their 
future competitors.

In the context of .NET therefore, ICANN should seek as a fundamental principle 
to amend this contract to equate with the requirements of the new gTLD program.

Specific requirements of interest to the BC are the following ....


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