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

[Richard Tindal <richardtindal@xxxxxx>]

I agree with Eric.

Its unclear to me precisely what the GAC meant.  I'm leaning towards the 
interpretation that its about exceptions.

RT



On Sep 27, 2010, at 8:31 AM, Eric Brunner-Williams wrote:

> 
> 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