No to .org arbitrary Pricing Scheme Proposal

["J. Blackwood" <jblackwood@xxxxxxxxxxxxxxx>]

Dear ICANN,

 

As you know, (but I guess needs reminding), .org was established primarily for 
Organizations and Non-Profit purposes and was one of the original top-level 
domains, established in January 1985, originally intended for use by 
organizations that did not meet the requirements for other gTLDs.  In general, 
miscellaneous organizations not fitting in other categories (generally 
noncommercial) use the .org domain name.

 

Its quite clever, but not completely unnoticed, that ICANN has so far omitted 
verbiage in its draft registry contract agreements for continuing fixed pricing 
of .org domain names.  By its omission, ICANN has allowed for the possibility 
of scaled pricing by PIR.  That is sinister in itself but also counter to the 
very intent the .org TLD was established in the first place.  The current 
custodian of the .org registry, http://www.publicinterestregistry.org/ operates 
under the name "Public Interest Registry".  The name itself denotes the 
presumption the public's interest is represented.  Is this now a false 
presumption? How could a possible arbitrary scaled price scheme for .org domain 
names be is in the public's interest?  George Orwell himself could not have 
provided a better context.  

 

As you know, each domain name is unique.  What entity could possibly fairly and 
arbitrarily assign "values" to each unique .org domain name? What would be the 
cost and organization of such an "impartial" structure and bureaucracy to make 
such arbitrary judgments?  What are the intellectual property implications of 
trademark domain names?  Would associated costs offset the lawsuits sure to 
ensue?  What is the criteria and system for valuation and pricing?  How is any 
such valuation process or system guaranteed to be fair or even fairer than it 
is currently?  Clearly, the only motivator is greed and that will certainly 
lead to lawsuits that will certainly bleed the registry's profits and harm its 
long term reputation and hence its future economic viability.  Users already 
pay fair renewal fees on an even, consistent basis.  ICANN needs to retain a 
fixed pricing schedule in the new registry contract agreement and I highly 
recommend you put unequivocally clear language into the new registry contract 
agreement that maintains a fixed pricing plan to close the current loophole.  
The ICANN Board of Directors should know that any arbitrary, unique domain 
name, individualized pricing schedule will inevitably meet with thousands of 
lawsuits and probably Congressional intervention so you need to be prepared for 
an onslaught of criticism and lawsuits that will arise from a possible scaled 
pricing scheme that is solely motivated by profit shamelessly placed well above 
the "public's interest".  

If a variable, arbitrary, individualized price schedule is adopted would ICANN 
lead by example and pay the highest renewal price over and above all other 
domain .org domain names for its www.icann.org?  You must realize anything less 
would be unforgivable hypocrisy.  Further, assuming the scaled pricing scheme 
is put into action under the new contract would many popular websites such as 
www.npr.org and www.unicef.org now have an exorbitant new renewal fees.  Wow.  
Really?  Were such Mafia-inspired extortion mechanisms already embedded in 
these organizations' registration agreements?  Are you really sure you are 
prepared for an avalanche of criticism immaterial of the legalese that might 
support such a tenuous position?  Are you or any other organization for that 
matter really prepared to make individual, arbitrary value judgments on the 
millions of .org domain names? 

 

.tv has a scaled price mechanism for its domain names.  The difference is that 
customers knowingly agree to the scale BEFORE the registration period begins 
and more importantly, the scaled .tv price system was started from the very 
beginning of the .tv domain registration, not proposed years later by a clever 
legal omission allowing it.  Clearly, ICANN cannot allow "changes of the rules 
in the middle of the game".  Would a new pricing scale affect only new 
registrations or existing registrations as well?  

 

ICANN:  Close the loophole in the new .org registry contract agreement and 
continue fixed pricing standards consistent with the spirit of the 
establishment of the .org domain.  If the loophole in the draft registry 
contract agreement was in fact an intended omission you clearly have not 
thought through the implications beyond a greed-driven false perception of 
increased profits.

 

Jim Blackwood