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