It is difficult to believe that the Sunrise fiasco was unintentional, because every
step of the way the existence of fraudulent sunrise registrations has resulted in
more money for Afilias. Consider this sunrise challenge rule:"(g)
The Center will transfer to the Registry a portion in the amount of USD 25 of each
Challenger’s and Respondent’s fee which it has effectively received and which is
not to be reimbursed to the Parties in accordance with the preceding provisions of
this Paragraph."
So Afilias is paid at least $25 per registration challenged, and
for what? The sunrise challenge policy says this:
"g. Our Involvement
in Administrative Proceedings. We do not, and will not, participate in the
administration or conduct of any proceeding before the Center under this Policy.
In addition, we will not be liable as a result of any decisions rendered by the Center."
The
kickback from WIPO to Afilias amounts to a financial incentive for generating challenges.
Every bogus sunrise registration (in addition to the non-refundable registration
fee paid by the registrant) is another opportunity for profit. Only when this revenue
stream is exhausted (December 26, if not extended) will Afilias take any action with
regard to fraudulent registrations.
The rules and policies in place, whether accidental
or part of an ingenious scheme, have given the directors of Afilias a major conflict
of interest. Anything they do to mitigate the damage to the general public
caused by the sunrise abomination will cost the company, and its shareholders, money.
They have an obligation to the shareholders to maximize value, so in the absence
of a credible lawsuit I wouldn't expect them to do anything to disturb the cash flow.