Re: [gnso-vi-feb10] Private TLDs

[<jarkko.ruuska@xxxxxxxxx>]

Milton, Tim,

Thanks for bringing this private/brand/single registrant issue on the table. I 
know it seems like a small issue compared to the overall discussion, but it 
still needs to be addressed.

I think most of us recognize that brand TLDs should not have to use registrars. 
It just doesn't make any sense for brand TLDs to buy their own internal names 
from some 3rd party.
As Milton stated the problem is how to define this kind of TLD in way that 
prohibits gaming and unfair competition.

The way I see it, the solution is simple. I think brand TLDs should not be 
allowed to sell any names outside their internal usage. Names could probably be 
allowed to be given to business partners though. The brand TLD should also be 
non-transferrable or at least that would require special permission from ICANN. 
If the brand owner goes bankrupt TLD would be taken down in a controlled way 
and not transferred to anyone else.

In my opinion this approach would satisfy the needs of brand TLDs without 
promoting gaming or unfair competitive advantage.

BR,

JARKKO RUUSKA
Nokia Corporation
Compatibility and Industry Collaboration,  Tampere, Finland
Tel: +358 50 324 7507
E-Mail: jarkko.ruuska@xxxxxxxxx





On 24.3.2010 16.51, "ext Milton L Mueller" <mueller@xxxxxxx> wrote:



>
> I agree for the most part. But I would add regarding brand or TM TLDs
> that it depends on intended use. Strict internal use only is one thing
> as contemplated by the single entity concept (the registry operator is
> also the only registrant). But as soon as we get beyond that there are
> other considerations, especially when you consider how
> certain existing gTLDs with restrictions have been morphed over time.

Tim,
Yes, the potential for private TLDs to morph into something else is a very 
serious regulatory issue. It is similar in form to the liberalization of 
private networks and the terms and conditions governing their interconnection 
with the public switched telecom network inthe late '70s and '80s. PSTN 
carriers paid a whole different set of fees and had a certain number of 
obligations that private networks didn't. The problem was when private nets 
started reselling their capacity and interconnecting to the PSTN. In most ways 
this was a tremendous boon to consumers, and to the development of the telecom 
industry, as it introduced new investment in faciltiies and, through arbitrage, 
pushed long distance prices down fast. On the other hand this completely 
undermined the economic and regulatory assumptions on which the telecom system 
was based.

The analogy is strong but can only be taken so far. In DNS, we need to find a 
way to allow private-label TLDs that is neither a way for public TLDs to sneak 
in under a more liberal form of regulation or less fees, nor a form of 
protecting public TLDs from legitimate forms of competition and self-provision.

Milton Mueller
Professor, Syracuse University School of Information Studies
XS4All Professor, Delft University of Technology
------------------------------
Internet Governance Project:
http://internetgovernance.org