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RE: [gnso-vi-feb10] First stab at objectives and a definition of VI

  • To: Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>
  • Subject: RE: [gnso-vi-feb10] First stab at objectives and a definition of VI
  • From: Milton L Mueller <mueller@xxxxxxx>
  • Date: Sat, 6 Feb 2010 12:00:34 -0500

> The latest version of the one that has been proposed is:
> VI is defined as a business structure in which there is no 
> separation between the registry operator and the registrar 
> in relation to a particular gTLD. They are either owner and 
> operated by the same company or have another contractual 
> affiliation that covers the specific gTLD, and the domain name 
> supplier is not required to provide full and equal access to 
> independent firms to sell names under its gTLD.
> Is everyone OK with this?

I yam. 

Don't we also need a definition of cross-ownership, just to avoid further 
confusion about that? 

Here's a stab at that: 
"Cross ownership" is defined as the ownership of a controlling share of a 
registry by a registrar, or vice-versa, while maintaining the contractual and 
functional separation and equal access arrangements required by ICANN policies 
and contracts. As long as equal access arrangements are in place, 
cross-ownership that permits the registrar to sell the names of the cross-owned 
 TLD registry shall not be considered a form of vertical integration. 

What about the objectives that were proposed? 

Objective 1: to set policy and procedures that provide clear direction to ICANN 
staff and new TLD applicants on whether, and if so under what conditions, 
contracts for new TLD registries can permit vertical integration or otherwise 
deviate from standard forms of registry-registrar separation and equal access.

Objective 2: to examine current gTLD contracts and practices approved by ICANN 
staff and determine if any of them are outside the current policy framework 
regarding vertical integration, and, if so make recommendations as to how to 
respond to these exceptions.

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