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Username: DomeBase
Date/Time: Sat, October 13, 2001 at 12:45 AM GMT
Browser: Netscape Communicator V4.7 using Windows NT
Subject: revised with new proposal for fairness to Land Rushers


Dear Friends, 

I must admit I was running out of steam and geting discouraged about putting more work into this issue.  Then today I got encouragements from a couple different sources, so I am back at it.  Some media coverage.  An e-mail from someone who is important in this grand scheme of things who I thought had written me off. So... I revised so that it is now from a post-LandRush perspective and revamped the DomeBase Proposal.  Post-LandRush, it is much harder to come up with a simple solution that will be fair to the Land Rushers... at least one that has a chance of being accepted... but I gave it a shot.  Please see it below.  My apologies to those of you who are tired of seeing versions of it.  I do think it is significantly different than the last version I put up on this board.  I had to make some compromises/concessions otherwise it would never fly.  Even so, the odds are not good... but if the Media cares, a number of registrars like it, the IP constituency folks like it... perhaps it might fly. Perhaps I could even use as leverage... only listing those registrars who agree with these ideas?  I welcome feedback.

DOMEBASE PROPOSAL (revised 10/12/2001)

1. Afilias announces that there will be a Land Rush II including all names registered in the Sunrise Period.*

2. Registrars can participate in Land Rush II if they agree not to charge their customers who paid for names in Land Rush I twice for the same thing**

3. New customers also encouraged to pre-register names in Land Rush II.

4. The "winner" of a name for Land Rush II gets that name for a registration fee if the name has been successfully Sunrise challenged*** by Afilias or someone else and not taken by someone with legitimate trademark rights.  If the name is not available, the "winner" also has the option to Sunrise challenge*** the name and get it if successful (the name is not trademarked) for a subsidized fee (somewhere between $0 and $295) without having to show a trademark right in the name (which would be impossible by definition).

*Legitimate trademark holders will not lose any names in Land Rush II, but Sunrise squatters on non-trademarked names will.  All Sunrise names have to be included in Land Rush II because it is hard to tell who is who before challenges.

**Registrars can participate in Land Rush II if they: (a) did not charge non-refundable pre-registration fees for Land Rush I; or (b) allow their customers who paid non-refundable pre-registration fees in Land Rush I for names taken during Sunrise to pre-register for the same names in Land Rush II without paying twice.  Also, they should accept only one submission per name in Land Rush II if they did this in Land Rush I.

***To protect legitimate trademark holders from name loss due to WHOIS data processing corruption (good data entered, bad data displayed), give original registrant a specified time-window after challenge to
demonstrate that the registrant holds legitimate trademark for the name in accordance with Sunrise rules despite corrupted WHOIS data.




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