RE: [gnso-pednr-dt] "Competition" in the Secondary Domain Name Market

["James M. Bladel" <jbladel@xxxxxxxxxxx>]

Mikey:

Good points, but I think the problem with using a charged term like
"monopoly" is that domain names are not commodities and not fungible. It
is the consumer's desire for a -particular- domain name that may limit
their choices, (and temporarily, as you mentioned).  But this does not
constrain choices in general, as there may be alternative names and
alternative providers (more or less desirable).

So, while a $10.00 desk lamp from Target is just fine, if I insist on a
particular antique Tiffany lamp from one of the boutiques in Le Claire,
my choices are limited.  The boutique does not control trade in lamps,
just the particular specimen I want.  

And, since domain names are not tangible products, another applicable
model might be media distribution channels (movies studios and recording
labels).

But, while these are fascinating theoretical debates, (and I would love
to continue them in person sometime), it is increasingly off-topic for
this WG.  I propose we re-focus discussions on protecting registrants
form inadvertently losing the names they --already have--, rather than
focusing on name acquisition methods in the aftermarket.

Thanks--

J.




   -------- Original Message --------
 Subject: Re: [gnso-pednr-dt] "Competition" in the Secondary Domain Name
 Market
 From: "Mike O'Connor" <mike@xxxxxxxxxx>
 Date: Fri, September 11, 2009 8:03 am
 To: PEDNR <gnso-pednr-dt@xxxxxxxxx>
 
 
 great discussion! i too am sorry to have missed the call (and to 
 compound my delinquency, i haven't had time to listen to the MP3 yet 
 either).
 
 here are a few tidbits for conversation...
 
 
 tidbit 1
 
 a friend of mine used the following definition of "monopoly" in a 
 recent blog post (on broadband, not domain names) which appeared in 
 lots of places when i Googled the text:
 
 "the exclusive possession or control of the supply or trade in a 
 commodity or service."
 
 we seem to be agreeing that there is a period in the domain-expiration 
 cycle where registrars have exclusive control over the domain name -- 
 so maybe we want to use that language rather than "monopoly"? it 
 seems to me that it's almost inevitable that there will be such a 
 period.
 
 
 tidbit 2
 
 if we presume that there's a period of exclusive-control, it seems to 
 me that it might be useful to clearly describe;
 • what that period is
 • what the "rules of the road" are during that period
 • whether those rules are theoretically sufficient to protect the 
 interests of all parties
 • see how consistently those rules are being applied, and
 • determine if anything needs to be done (clarify/strengthen/ 
 publicize the rules, change the interval of exclusive control, etc.)
 
 mikey
 
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