In response and objection to Andrew Snow, Verisign-and Mr. Chuck Gomes
I believe that Verisign should be allowed to reserve any names it deems fit, just as any registry regardless of existing Verisign hybrid owners *who have NO rights whatsoever* in the new gTLD’s, as will be explained below in detail. I believe that Registries should have a right to have a reserved list which shall include generic terms (ASCII & IDN) even if they exist within the TMCH, and should not be subjected to the TMCH. Reserved lists and founder programs are of generic names in general and of domains related to the specific TLD or community. There is no reason to allow the TMCH to be gamed as done in the .EU launch and other instances. Real TM owners of non-generics have nothing to worry about. At the most a quick UDRP later on, and they will get the domain, if they are entitled to it. Verisign please pay attention. A major storm is coming, if you give the hybrid IDN domainers first rights. I do believe names should be reserved so as not to allow gaming of the system in the TMCH. However, you should be allowed to reserve those names with no strings attached. Below is a detailed explanation why there is no confusion. It is posted here below and I took it from a friend’s previous comment. Apparently, Verisign and Mr. Snow never bothered reading it, because it proves beyond doubt that Hybrid idn.com(ascii)owners don’t have and should not have any rights to the full idn.idn. As I don’t think everyone has the patients to get to the nit and grit, it is written below. However again, I recommend Verisign and Mr. Gomez to read it carefully, as it will help them later on. David Cohen Now to why Verisign does NOT need to give owners of IDN.COM(ASCII|) the equivalent IDN.IDN. 1. Users have not been intuitively and naturally interchangeably using .com (in ascii) and .com (transliterated in local script) without any distinction whatsoever. That is baloney and sheer nonsense! For example: CNNIC at the end of the day, did not see any confusion or problem in having ChineseIDN.CN & ChineseIDN. 中国 go to separate owners (CN=中国=China). The major difference in their case is that both co-existed for quite awhile. In the new gTLD's we are talking about a new delegation of IDN.IDN So this is very different. Hence in this case it is much simpler and there isn’t the slightest problem in delegating them to separate owners FROM IDN.COM(ASCII), as these new IDN.IDN did not exist within ICANN until now. 2. There will be no insecurity or confusion if it were delegated to others. As you all recall there are many new gTLD’s that are way more confusing and allowed to coexist as .car and .cars etc… And if you followed any of the different objections within the program, you will see that your argument has no real merit. If their claim were to be accepted it would mean that 100% there will be confusion in the new gTLD's between applications for .GAMES vs. JUEGOS ("games" in Spanish) and many others. Since there is no confusion in those cases there would be no confusion between .COM or .ORG in English to the transliteration in Chinese Arabic Hebrew Russian etc…! 3. Regarding you comment that they already exist… Well sorry. They don’t. They are not interchangeable as presented in point #1. By the way, if anyone got screwed its existing users of Hebrew.Hebrew IDN’s .com(in Hebrew). They got messed up by the agreement that was signed between Verisign and domainthenet. There have been .com in Hebrew domains, that have been full idn.idn for more than 10 years in Israel and supported by ALL ISP’s!! All those companies that have legal rights and use those domains have been screwed by this agreement. So they had full Hebrew idn.idn. If anyone has any claim or rights to Verisign’s now full idn.idn and can claim confusion –its them and not your hybrid idn.com(ascii), which no one would mistake them at all to be real full idn.idn. So if they don’t have any rights, you for sure have no special rights. And let me surprise you. They do have rights. More than yours. Yet, they have not gotten any preference. So neither should you. Verisign should be allowed to reserve names and allocate them to whomever they wish. 4. Again, your argument is based on the hypothesis that hybrid idn.com (Ascii) and hybrid idn.net (ascii) owners are entitled to full idn.com(transliterated in local script). However if there is no confusion so then your de facto domains exist for many years argument is totally irrelevant. The confusion is only in the mind of certain hybrid IDN domain owners who are looking out for their own interest, and trying to mislead the public. They have no legal rights or standing for IDN.IDN in Arabic, Hebrew, Chinese , Korean or Russian, whether it be in .COM .NET or .ORG transliterations. Verisign and PIR can feel very safe to open the new IDN era, and give it to new applicants. They have no legal obligation to give it to any existing hybrid domain owners. Here is the actual detailed explanation: There is no reason not to allow different registrants for those 2 strings.ie. idn.com(ascii) and idn.com(transliterated to the specific languages) 1.Is books.com confusing with books.co, or books.co.uk? It is not. 2.You are looking at the domain extension & saying that its pronounced the same & should be given to current owner of hybrid names but that is not the case. Get your facts straight. Saying ".com" in English is not identical to saying ".קום" in Hebrew. It is not pronounced the same way & can have a different meaning too! In fact "קום" means "get up" in Hebrew. 3. By the way "com" in English is an abbreviation of "company" or "commerce" & the letters are put in after the "com", whereas the "com is a beginning of a word. However in Hebrew קום is an ending to a word or is a specific word of its own (it means "get up"), but there is no com_-pany. It is more like קום ___ as in אינטרקום, המקום(intercom, the place). In English "com " is an abbreviation & is a start of a word, while in Hebrew it's an ending to a word or a word of its own. In reusing the following example:: Bankhapoalim.com is a name of a bank in Israel. בנקהפועלים = bankhapoalim When it is said in English or in Hebrew it is said the same way. The only difference would be in the accent the person used. A Hebrew accent or English one. Secondly saying " .com" in English is not identical to saying " .קום" in Hebrew. It is not pronounced the same way & doesn’t even sound the same way! It’s a different vowel. In Hebrew It's an "o" vowel/sound for the proposed extension, while in English even though its cOm its an "a" vowel. In fact "קום" can mean "get up" in Hebrew as mentioned above with the vowel being "u". Bankhapoalim.com בנקהפועלים.com (Hebrewidn.com) בנקהפועלים.קום (The new proposed Hebrew idn.Hebrewidn). In Hebrew as in Arabic you can see that the domain is here on the right side of the dot contrary to the hybrid Hebrew idn.com where it is on the left of the dot. You can also see that the extension is on the left of the side of the dot contrary to the hybrid Vrs.. Hebrew idn.com) Falko, your logic is flawed. According to your own logic bankhapoalim.comshould be the rightful owner of בנקהפועלים.com ( the hybrid domain). The owner of ascii.com should be the owner of idn-whateverlanguge.com(.com in English), because it is much more confusing than anything else. Now let's drill down some more: Bankhapoalim.com בנקהפועלים.com (hybrid Hebrew idn.com) As you can see the domain is on the left side of the dot in both those cases, & the .com is on the right side of the dot also in both cases. So .com on the right is equal to .com on the right in both cases. Meaning, the English .com on the right of the dot is the exact same word in English in both cases! The word "Bankhapoalim" on the left of the dot in "bankhapoalim.com" is the same in meaning & sound to the word " בנקהפועלים " on the left of the dot in בנקהפועלים.com (hybrid Hebrew idn.com). So the confusing situation is between ascii.com (ascii) & idn.com (ascii)! The reason being: The meaning on the left of the dot in both cases is identical! The sound in this example is also identical between both domains on the left of the dot! Thirdly the domains in both cases are on the left & the extension English.com is on the right! Fourth as mentioned above the English .com on the right of the dot is the exact same word in English in both cases! This means ASCII.com English owners should have a right to the hybrid IDN's of Verisign according to your logic!! Even more so, the direction in writing is clearly in both those cases from left to right. " bankhapoalim.com" & "בנקהפועלים.com" - so it's actually quite confusing. However in Hebrew.Hebrew " בנקהפועלים.קום " it is from right to left! So the right of the dot is the domain name & on the left of the dot is the extension. This is totally opposite from the hybrid IDN of Verisign " בנקהפועלים.com " where the domain is on the left side of the dot & the extension is on the right side of the dot! So there is no confusion. Those who posted previously about Hebrew and Arabic are ignorant & don’t know what they are saying. This is the same situation in Arabic. Beyond that, if you are speaking or planning to write a full idn.idn or a full ascii.ascii you don’t usually change accents or languages while you are talking or writing. So when full IDN is used it will be clear that one is NOT referring to the hybrid IDN's of Verisign. They are therefore not confusing if given to other registrants or to another registry. Also, when one tells someone else to enter a hybrid IDN site the person will certainly explain that the domain is in Hebrew & MUST be written on the left, & the domain extension is on the right & in English. However when someone will have an IDN.IDN in Hebrew or any other language they won't need to say that or change their language as they are speaking or writing, but rather just say it in the specific language. If a person knows what IDN's are, it is clear there is no confusion when speaking or inputting a hybrid domain because there is a MAJOR change in direction when writing & change in language & position of domain & extension! If a person doesn’t even know what IDN's are he clearly will not mix the hybrid Verisign domains with full IDN.IDN, as the explanation for full IDN.IDN will be very different & intuitive too. It will be said in one specific language. It will be going from the right to left in Arabic & Hebrew, & not changing languages or direction for the extension, & the extension will be on the left side of the dot.. No one who is looking for an idn.idn will go to idn.com in English or would think that they are the same. They would never be confused between the 2. It is so ugly & not useful & barely got any use b/c its not comfortable in using. Therefore the chances are NON EXISTENT for confusion. There are way more chances of confusion between ascii.com & ascii.idn as presented above. This is true in Arabic too. No one in his own right mind would confuse them or think they are the same unless they are just those owners of hybrid Verisign names who have big eyes & want what they don’t have. Rightfully they have no right to them as shown above. This is the same in Arabic too which is written from right to left. In addition there exists a community of Hebrew.Hebrew owners with this extension based on comments I read and research done. Those domains are supported by all ISP's there. So besides not allowing aliasing because it doesn't make sense etc., it should also be objected do to community existence. There are owners of existing .קום (com in Hebrew) who have legal rights and use those domains and have websites and should be protected too. In conclusion, Verisign does not need to alias this or any of their other extensions.. The owners of hybrid IDN.com owners do not have prior rights & it is not confusing. If anything is confusing it is ASCII.COM with IDN.COM.