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Username: wiredz
Date/Time: Mon, October 30, 2000 at 9:34 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Score: 5
Subject: A bit about Prior Use


Christopher Ambler wrote this:
"These legal argument aside, however, two facts remain. First, the applications must be judged on their merits. If that is done, the question to be asked is, "can this applicant successfully run a registry?" If the answer is yes for more than one applicant, then the second fact of prior use must come into play. IOD began registry operations in 1996 as a part of the original IANA process, at the request of IANA. It was not done in a vacuum. The 11th-hour applications by Afilias and Melbourne IT are nothing more than a thinly disguised attempt by established players to increase their market share at the expense of the pioneer in this area."

   You say the second fact is "prior use", which is incorrect. I must correct you that ICANN uses these 9 "Criteria for Assessing TLD Proposals" at the link attached to this message.

  Criteria 1. The need to maintain the Internet's stability.
  Criteria 2. The extent to which selection of the proposal would
              lead to an effective "proof of concept" concerning the
              introduction of top-level domains in the future.
  Criteria 3. The enhancement of competition for registration
  Criteria 4. The enhancement of the utility of the DNS.
  Criteria 5. The extent to which the proposal would meet previously
              unmet types of needs.
  Criteria 6. The extent to which the proposal would enhance the
              diversity of the DNS and of registration services
  Criteria 7. The evaluation of delegation of policy-formulation
              functions for special-purpose TLDs to appropriate
  Criteria 8. Appropriate protections of rights of others in
              connection with the operation of the TLD.
  Criteria 9. The completeness of the proposals submitted and the
              extent to which they demonstrate realistic business,
              financial, technical, and operational plans and sound
              analysis of market needs.

  Nowhere did ICANN say "prior use" is one of them. After reading IOD application I find that IOD does not fit into any of the 9 criteria. While NeuStar application fits some of the criteria but not all. Afilias application fits all and that is why my support goes for them!

  Anyway, Ambler you can always apply to be an ICANN Accredited Registrar and take registrations for .Web, once Afilias gets WEB.

  Isn't that a better solution and solves your problems? I prefer IOD does not get .WEB because it is an unstable company, with no known reputation and furthermore, it isn't ashamed of speculating 20,000 pre-registrations (Note: The court facts state that they are pre-registrations and not actual registrations).

  To the ICANN Board, please do the internet community a favor by REJECTING Image Online Design's application. Give .WEB to Afilias and the internet community worldwide will be happy as ICANN has shown its credibility.

--Eugene Kang


Link: Criteria for Assessing TLD Proposals

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