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RE: [gnso-vi-feb10] 360 Degree Market Analysis with a focus on the consumer

  • To: "Michael D. Palage" <michael@xxxxxxxxxx>, "Jothan Frakes" <jothan@xxxxxxxxx>, <Gnso-vi-feb10@xxxxxxxxx>
  • Subject: RE: [gnso-vi-feb10] 360 Degree Market Analysis with a focus on the consumer
  • From: "Austin, Scott" <SAustin@xxxxxxxxx>
  • Date: Fri, 26 Mar 2010 19:23:24 -0400

Michael:
 
Just a few thoughts as I am new to the group, but I support your 360
Degree analysis focused on the marketplace and consumers. But unlike
prior policies for the marketplace of domain names with a generic "g" in
front of them, there is nothing "g' about the new TLDs and we are in
uncharted economic and management waters.
 
Under this new TLD regime we are not talking about the marketplace for
domain names as mere registrant end user site locators for $9.95 annual
rental. We have to think of the entire vertically integrated supply
chain of consumer (end-user registrant) distributor (registrar) and
manufacturer (registry operator - at least for the sale of second level
domains)  for each TLD representing probably a $500K-1MM investment to
start and maybe as much to maintain annually. That is a different domain
name marketplace and its analysis must include effects on consumers from
policies that affect the retail, wholesale and manufacturer/gatekeeper
levels. Unchecked a TLD under one owner could become a vertical monopoly
(a/k/a a cartel) for the supply of second level domain names based on
that TLD. If the landlord buys the property and constructs the building
can they rent the space at whatever price they choose, or will that be
regulated. 
 
Having an MBA focused on economics and a law degree that included
courses in antitrust when our Dean was former head of the FTC makes me a
little biased in favor of competition, but that model seems to have
brought us this far, and your message brings up an important point that
the 3 tiered supply chain model may not apply in all cases, as no
registrar may be necessary with private brand TLDs such as .COMCAST,
especially in a service or utility industry. 
 
Community based descriptive (unbrandable?) TLDs on the other hand may
need a middleman to best capitalize on broad scope registries and
solicit, qualify and sign up appropriate customers for .SPORT or
.COLLEGE
 
In the case of State Bar Associations, wouldn't a better approach be
.FLBAR, .CABAR, .NYBAR (of course .OHBAR and .HIBAR may be a problem;?)
 
My two cents.
 
Scott

Scott R. Austin
Roetzel & Andress, P.A.
350 East Las Olas Boulevard 
Las Olas Centre II, Suite 1150 
Fort Lauderdale, FL 33301 
Direct Phone No.: 954-759-2768
Main Phone No: 954-462-4150
Fax No.: 954-462-4260
Email: saustin@xxxxxxxxx
www.ralaw.com
<file:///C:/Documents%20and%20Settings/saustin/Application%20Data/Micros
oft/Signatures/www.ralaw.com>  




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________________________________

From: owner-gnso-vi-feb10@xxxxxxxxx
[mailto:owner-gnso-vi-feb10@xxxxxxxxx] On Behalf Of Michael D. Palage
Sent: Friday, March 26, 2010 4:15 PM
To: 'Jothan Frakes'; Gnso-vi-feb10@xxxxxxxxx
Subject: [gnso-vi-feb10] 360 Degree Market Analysis with a focus on the
consumer



Jothan,

 

I think as a working group we need to undertake a 360 degree analysis of
the marketplace . Than being said I think the primary focus should be on
what is in the best interest of consumers.  

 

Getting back to the examples used in the survey. I selected .COMCAST as
an hypothetical TLD because they are my current ISP of choice. I am
generally happy with the service that Comcast provides me, therefore why
do I need to interject another party between me and my ISP? While I
would view this as a nuisance, what would the impact/inconvenience  be
on less sophisticated users. In the PENDR Working Group I often used the
benchmark of does this proposed policy make this easier or more
difficult for my mom to use the Internet?

 

Another hypothetical omitted from the survey was that of a .LAW TLD.  As
an attorney I pay annual membership fees to the State Bar, it would be a
lot more convenient for me as a consumer to interact with them to ensure
that any additional whois elements necessary for my inclusion into the
.LAW TLD were taken care of by them since they already have that data.
While I am happy GoDaddy customer in connection with my  existing gTLD
registrations, having GoDaddy stand between me and the .LAW registry
does not represent my best interests, does not increase my user
experience, and is likely to impede innovation and choice.

 

Just my two cents.

 

Best regards,

 

Michael

 

 

 

 

 

 

From: owner-gnso-vi-feb10@xxxxxxxxx
[mailto:owner-gnso-vi-feb10@xxxxxxxxx] On Behalf Of Jothan Frakes
Sent: Friday, March 26, 2010 1:28 PM
To: Gnso-vi-feb10@xxxxxxxxx
Subject: [gnso-vi-feb10] Looking at this from the Registrars as Channel
Perspective and that benefit...

 

Hi-

In our efforts within the VIWG, I have noticed and it has been brought
to my attention that we're looking at things through the prism angle of
the registry.

I am in no way expressing the Registrar Stakeholder perspective on this,
nor have I vetted this message with them.  I want only to aid the dialog
within this working group by taking a perspective of the registrar
channel into consideration in the process of our efforts.

For the benefit of the list activities, I would encourage people
interested in some of the things that a registrar might be taking into
consideration in the new TLD launch process
to view a presentation that I did in October of 2008 at the CENTR
General Assembly in Piza, Italy.  

The presentation is from an aggregated applicant perspective and
discussions that had occurred in Paris at the 2008 meeting and takes
into consideration bullet points from conversations with many of the
applicants and communities seeking to apply for new TLDs.

Applicants (not to me confused with registries or registry service
providers) look to the registrars as a channel to reach a larger
audience, adoption, and ultimately natural use.  Registrars come in a
variety of types of services and business models, support a variety of
languages, and offer cultural and local advantages due to geographical
diversity.

Slides 7-10 are related to 'Channel' and worth a look because they focus
in a little bit on those areas.
https://www.centr.org/main/lib/g1/4622-CTR.html (click download)

I'll caveat the slides to state that there was no DAG available at the
time the presentation was made, and that presentation predates the 2009
RAA and any nuances that it contains which might have changed since
would not be reflected.

Still, the information contained in it might prove helpful for our
discussions, take what you like and leave the rest.

-jothan

Jothan Frakes
+1.206-355-0230 tel
+1.206-201-6881 fax


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