RE: [pdp-pcceg-feb06] FW: PDP Feb 06: Draft Agenda 10 August

[Mike Roberts <mmr@xxxxxxxxxxxxxxxxx>]

To amplify Bret's note slightly, the close-in battle was a high 
stakes effort by NetSol to prevent there being any possibility of the 
DNSO/GNSO issuing policy advice that could affect their business 
prospects.  It took a direct threat from DOC to force them to accept 
even the diluted terms of the original contract. (You'll recall that 
NetSol's initial position  was that they would never accept a 
contract with ICANN.)

One of the discouraging aspects of the most recent negotiations is 
the evidence that Verisign still has the upper hand when negotiating 
with ICANN.

- Mike


X-pair-Authenticated: 63.194.18.210
From: "Bret Fausett" <bfausett@xxxxxxxxxxxxxxxx>
To: "'Marilyn Cade'" <marilynscade@xxxxxxxxxxx>,
        "'John Jeffrey'" <john.jeffrey@xxxxxxxxx>,
        "'Cubberley, Maureen \(\(CHT\)\)'" <MCubberley@xxxxxxxxx>,
        <pdp-pcceg-feb06@xxxxxxxxxxxxxx>,
        "'Council GNSO'" <council@xxxxxxxxxxxxxx>
Cc: "'Denise Michel'" <denise.michel@xxxxxxxxx>
Subject: RE: [council] RE: [pdp-pcceg-feb06] FW: PDP Feb 06:  Draft 
Agenda 10 August
Date: Wed, 9 Aug 2006 21:56:49 -0700


>  I am informed that there has been a long running discussion
>  dating back to the beginning of ICANN and that there is a
>  disparity of opinion regarding the relationship between the
>  policy issues and specific contractual agreements.

ICANN starting pushing this idea that 'contracts aren't policy' back when it
tried to sell the community on the first ICANN-Network Solutions contract.
Since that time, the "disparity of opinion" has been between Joe Sims,
trying to sell a series of unpalatable NetSol-Verisign contracts to the
community, and everyone else. The fact that the disparity has been
"long-running" is more an indicator of the legal staff's recalcitrance than
a sign of a legitimate dispute among equal factions in the stakeholder
community. The "new" ICANN has the opportunity to break this cycle and bring
some sense to the debate.

    -- Bret