Donuts RPM Comments
On behalf of Donuts, we would like to offer these limited comments on the recent submissions related to Rights Protection Measures. Overall, we join United TLD on its comments on this issue. We also want to focus on two simple changes to the timing of the sunrise period. First, instead of the current requirement of a mandatory minimum 30-day notice period and a 30-day sunrise period, many applicants have requested holding a 60-day notice/sunrise period instead. Some applicants may choose to start accepting sunrise applications as of the first day of notice and accept them for 60 or more days, while others may accept applications on day 15 after notice, and for at least 45 days. In our sunrise, no matter how many days the registry accepts the applications, no names would be allocated until the end of the sunrise period. Whether the sunrise period is 60 days and includes the notice period, or 30 days notice and 30 days sunrise, the last day would be exactly the same. If more than one rights holder applies for the name, it will go to a sunrise auction in either scenario. This should not be a controversial proposition. It benefits rights holders as they would have more time to apply for names at sunrise (e.g. 60 days vs. 30 days) and fix any mistakes in their applications. Moreover, there does not appear to be any downside to rights holders, especially if the registry waits until the end of the sunrise period (the same day in either scenario) to allocate the names and doesn't employ a first-come first-serve allocation method. Those commenters who raised concerns about the timing only appear to be concerned about this allocation issue, which is easily rectified. We believe that our system is reasonable, benefits rights holders, is consistent with the comments and demands of the IPC during the Strawman negotiations and would receive support in that community. The second change is to start the notification clock as a TLD is sent to IANA for delegation, as opposed to waiting until actual delegation. There is no reason why a registry could not use that period efficiently to start the notification clock. Applicants have been delayed long enough and ICANN should realize as much efficiency as possible to compensate applicants for such delay. While two weeks may not seem like a lot to some, multiply that by nearly 1,000 registries and one could see the impact of this small change. When applicants applied for TLDs over a year ago, the requirement was only a 30-day sunrise period and no notice period. Many rights holders requested a 60-day sunrise period after the application process was complete. Upon request by ICANN, many applicants did not oppose a 30-day notice period and 30-day sunrise period based on discussions that notice could be provided pre-delegation. Once the notice period extends past delegation, the registry should be able to accept applications during such notice period. To do otherwise would cause material detriment to applicants that relied on their agreements with ICANN, the Applicant Guidebook. This process has been delayed for long enough. Applicants should be able to accept sunrise applications as soon as possible and not have to wait for an arbitrary notice period that they never agreed to in their contracts with ICANN. Moreover, they should be able to provide rights holder with notice as early as possible.