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.com and "perpetual presumptive renewal" -- seems to be false under the old contract, but ICANN gives it to VeriSign in the new contract!

  • To: settlement-comments@xxxxxxxxx
  • Subject: .com and "perpetual presumptive renewal" -- seems to be false under the old contract, but ICANN gives it to VeriSign in the new contract!
  • From: George Kirikos <gkirikos@xxxxxxxxx>
  • Date: Fri, 28 Oct 2005 00:30:20 -0700 (PDT)

Hello,

According to the letter and staff analysis at:

http://www.house.gov/commerce_democrats/press/107ltr53.shtml

the expiration date of the .com contract would be 

"11/10/07 with a four-year renewal almost guaranteed."

And "Between 24 and 18 months before termination date, VeriSign can
submit a written proposal for a four-year extension."

Thus, if there is a maximum of a four-year extension, VeriSign would
have no rights past 11/10/2011. This seems to be consistent with
paragraph 25.B.b) that:

http://www.icann.org/tlds/agreements/verisign/registry-agmt-com-25may01.htm

"Following consideration of the Renewal Proposal, Registry Operator
shall be awarded a four-year renewal term unless."

Thus, it appears ICANN has the ability to TENDER the .com registry for
operation beyond November 10, 2011.

However, ICANN is giving away the farm in the new proposed settlement:

http://www.icann.org/tlds/agreements/verisign/com-registry-agreement-22sep05.pdf

In particular, Article IV of the new proposed contract would extend the
tyranny of VeriSign to at least November 30, 2012.

"Section 4.1 Term.  The initial term of this Agreement shall expire on
November 30, 
2012.  The "Expiration Date" shall be November 30, 2012, as extended by
any renewal 
terms. "

THEN, ICANN furthermore allows VeriSign an additional right to renew
further!

"Section 4.2 Renewal.  This Agreement shall be renewed upon the
expiration of the 
term set forth in Section 4.1 above and each later term"

Let me highlight that special part "AND EACH LATER TERM".

So, am I correct in saying that  the EXISTING .com agreement can be
terminated by ICANN with certainty on November 10, 2011? Am I correct
in saying that the NEW proposed settlement would give VeriSign
perpetual renewal rights in .com, that they didn't have under the
existing contract?

I'd say ICANN should:

1) Fight the current lawsuit, and not settle.
2) The price of .com at the registry level would remain capped at
$6/yr, until at WORST 2011.

November 11, 2011 (11/11/11) which happens to be "Remembrance Day"
would indeed be a day to remember, as that would be the first day
without the tyranny of VeriSign.

I look forward to comments as to whether the above analysis is correct,
and why ICANN sees the need to gift VeriSign business certainty beyond
Novemeber 10, 2011, when they presently DO NOT appear to have any
rights beyond that date.

Sincerely,

George Kirikos
http://www.kirikos.com/



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