Re: [gnso-vi-feb10] Board resolution on Vertical Integration

[Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>]

Warning. Not the product of a long and considered thinkum.

What is "wrong" with ...

0% (Nairobi): It does not match the GAC recommendation that an 
exception exist for registries operated by and for communities located 
in developing economies.
3% (Staff): Ditto.

RACK+: There's the no-exception version, and the "++" version that was 
the subject of discussion involving myself and others, which had 
exception for communities. The "+" version shares the defect above. 
The "++" version has the defect that the community exception did not 
specifically promote communities located in developing economies or 
under-served scripts.
JN2: It has exceptions for communities, as well as exceptions for 
"single registrant", and for "orphan". The defect(s) are arguably that 
the scope of the exception promotes brands and fail(ing) standard 
applications more than communities located in developing economies or 
under-served scripts, _and_, after 18 months, the per-registry test of 
separation as a market protection policy.
Free Trade: It does not match the GAC recommendation that separation 
is the appropriate tool for market protection, and shares the first 
defect of JN2.
CAM: Ditto. The utility of my commenting on anything from 
Meuller/Palage/Doria is less than zero.

I suppose a key issue is how one reads the GAC recommendation.

Are the references to market power informative to the recommendation 
that registries operated by and for communities in developing 
economies be allowed to operate the registrar function, OR are they 
free standing, and applicable to any registry lacking market power?
Are the references to national competition authorities illustrative of 
the issues to consider when evaluating a request for vertical 
integration, or are they recommendations to delegations of authority 
from the Board to some national competition authorities?
Then there's the hoary old standard, what is meant in this document by 
"market power"? Is it in the CNOBI++ market, whether registry or 
registrar function is considered, or is it in each .NEWDOT market, or 
is it across all similar .NEWDOT instances?
See you at call-time.
Eric