[gtld-council] GNSO PDP Dec 05: Draft Final Report & Staff Memo

["Philip Sheppard" <philip.sheppard@xxxxxx>]

Note this from the staff memo:

7.10.   The Committee has also requested that a draft base contract be provided 
as part of
this document.  ICANN is currently undertaking an economic study requested by 
the Board to
provide illumination in this area.  Any base contract content will also be 
informed by the
final, approved policy recommendations the Committee decide upon. ICANN has 
never published
a generic "form" for new TLD agreements, and such an undertaking would be a 
complex task
without final policy recommendations and advice from the proposed economic 
studies. Whilst
the draft Recommendations are clear about the desirability of a pre-published 
base contract
other than certain "boilerplate" language, a meaningful agreement could not be 
proposed at
this time. As stated above, all contracts are posted for comment, feedback and 
potential
amendment before being submitted to the ICANN Board.

This is disappointing.
At best it suggests there will continue to be inconsistency and arbitrary 
clauses in
contracts.
At worst it suggests there will be opportunities for competitive abuse.

I believe we need further clarification from contract-responsible staff about 
the problems
envisaged as this is a fundamental element in a clear and certain process for 
new TLDs.
Without it, the mistakes of the past - and they are legion - will repeat. If it 
is just a
timing issue , we need to know the timetable. Then we should make the start of 
the new
process conditional on that timing. 

Philip