Re: [gnso-vi-feb10] SRSU

[Volker Greimann - Key-Systems GmbH <vgreimann@xxxxxxxxxxxxxxx>]

Alan,

in that case, the reseller would be an affiliated entity and would have 
to be disclosed to ICANN and barred from reselling the TLD under JN2.
Interesting question: If an affiliated or non-affiliated reseller would 
buy the domain names from a different supplier, i.e. an unaffiliated 
registrar, would that be allowable? I would say under the premise of 
full disclosure of the corresponding business agreements to ICANN, there 
should be no problem.
Best,

Volker
> Jeff, your description of resellers is once possibility, but there are 
> others. A "captive reseller" is my term for a reseller substantially 
> owned by a registrar or both owned by the same parent. For an example 
> of what I was referring to, see scenario b) in 
> http://forum.icann.org/lists/gnso-vi-feb10/msg02222.html.
> I do not at this time favour any level of integration above the 
> nominal 15%, but that message proposed one possible set of constraints 
> (not yet fully fleshed out) that  should be mandatory if integration 
> is ultimately allowed.
> Alan
>
> At 03/07/2010 03:23 PM, Jeff Eckhaus wrote:
>
> > I cannot seem to find the captive reseller example, but think it may 
> > be worth explaining to the group how the reseller model works so that 
> > there is clarity on the issue.
> > A domain reseller is an entity such as Google, Yahoo, Intuit, or 
> > maybe a mom and pop hosting company that has an existing business but 
> > would like to sell domains as a complementary part of their business. 
> > They do not want to become ICANN accredited and do not want to build 
> > a registrar system since that is not their core competency. Some 
> > offer free domains as a loss leader for their main business line and 
> > that is their business choice and allows consumers a choice on how 
> > they acquire their domain name.
> > Any domain that a reseller registers lists the Registrar in the whois 
> > record. So if XYZ hosting is a reseller of Network Solutions than 
> > Netsol will come up in the whois record.
> > If in the proposed JN2 model a Registry owns Registrar X and applies 
> > for .TLD, then Registrar X or any of its resellers cannot offer .TLD 
> > through Registrar X. This is easy to monitor as I mentioned 
> > previously since Registrar X would show up as the registrar of record 
> > in the whois.
> > Now I know everyone can think real hard and think of an edge case 
> > where there could be some secret agreements, but, do these agreements 
> > have anything to do with cross ownership? If the co-owned registrar 
> > and its affiliated registrars (if any) are restricted from offering 
> > that TLD and can be verified in the whois, wouldn't any harms from 
> > co-ownership be mitigated and be put into the same situation if there 
> > was no co-ownership?
> > Right now it seems to me that we are willing to block out new 
> > competition, market entrants and possible innovation even though we 
> > have mitigated harms due to the minor possibility that an entity can 
> > possibly think of a way around the normal process. Is this the best 
> > decision for new TLDs? For consumers? That is what we really need to 
> > decide
> > Have a great weekend
> >
> >
> > Jeff Eckhaus
> >
> >
> >
> >
> > ________________________________________
> > From: Alan Greenberg [alan.greenberg@xxxxxxxxx]
> > Sent: Friday, July 02, 2010 1:54 PM
> > To: Jeff Eckhaus; Gnso-vi-feb10@xxxxxxxxx
> > Subject: RE: [gnso-vi-feb10] SRSU
> >
> > See comments embedded.  Alan
> >
> > At 02/07/2010 02:34 PM, Jeff Eckhaus wrote:
> > >I also like the idea of exploring exceptions including the SRSU
> > >model as described below, but I have a more fundamental question on
> > >these exceptions.
> > >
> > >Why is there no question or discussion on compliance abilities with
> > >regard to SRSU or other exceptions but arms start flying when other
> > >types of co-ownership are brought up
> >
> > I thought that Eric's message timestamped 2 Jul 2010 06:15:20 -0400
> > didjust raised just that issue.
> >
> > >?  When I look at the idea of a Registry being able to own a
> > >Registrar but not be able to sell the TLD it owns it is actually
> > >simple to monitor, since the Registrar and affiliates could not be
> > >accredited in that TLD. If it is not accredited it cannot register
> > >any names. With mandatory thick whois, the Registrar of record is
> > >displayed.  All very easy to monitor.
> >
> > And easy to circumvent. See my earlier example of how through the use
> > a captive resellers.
> >
> > >The SRSU model (which I said is worth exploring) has an incredible
> > >number of moving parts that need to be monitored and by many
> > >estimates there are expected to be over 200 .brand TLDs, yet the
> > >compliance issues and harms are not brought up.
> > >What is it about .brand SRSU TLDs that make it easier to monitor and
> > >protect than another TLD that allows cross-ownership?
> > >
> > >
> > >Thanks
> > >
> > >Jeff Eckhaus

--
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Volker A. Greimann
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