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No to "Closed Generic" gTLD Applications

  • To: <comments-closed-generic-05feb13@xxxxxxxxx>
  • Subject: No to "Closed Generic" gTLD Applications
  • From: "Jennings, Frank" <Frank.Jennings@xxxxxxxxxxxxxxx>
  • Date: Wed, 6 Mar 2013 13:05:19 -0000

Dear Sirs
As lawyer specialising in technology and the cloud sector, I regularly
advise cloud service providers and users. 
 From my discussions with providers and users alike - and in my own view
allowing one entity to run a closed a generic TLD such as .CLOUD would
create confusion and could distort the market. My cloud provider clients
would not be able to register a .CLOUD domain and would have to explain
to the market why, as a cloud company, they don't have a .CLOUD domain.
My cloud user clients might unfairly prefer a cloud provider simply
because it is the owner of a closed .CLOUD domain. 
The view of DMH Stallard is that allowing one commercial organisation to
turn a generic term, cloud, into a closed .CLOUD domain registration
scheme could be anti-competitive. A scheme which excludes the wider
cloud sector in favour of one organisation is unlikely to "promote
competition, consumer trust, and consumer choice" a key tenet of ICANN's
Affirmation of Commitments. 
A new .CLOUD domain should be managed by a not-for-profit registrar as
an open domain, allowing all those who operate in the cloud sector to
apply to register under the usual processes.
Yours faithfully

Frank Jennings
For and on behalf of DMH Stallard LLP 
Tel: +44 (0)1293 605018 
Mobile: +44 (0)7841 065608
Corporate Law Firm of the Year 2012 
Insider Dealmakers Awards 
www.dmhstallard.com <http://www.dmhstallard.com/>  

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