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Username: cyber-cynic
Date/Time: Wed, November 1, 2000 at 3:32 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Score: 5
Subject: Just curiosity

Message:
 

 
I know this is a moot point, since you ceded the trademark issue, but for the record and with all due respect, I was not presenting an argument and I was not applying any legal theory.

I just presented the facts and drew a conclusion, to satisfy own curiosity. Others may draw a different conclusion from the same facts.

IOD application hmmm - I didn't really want to get into that mainly because of ICANN's wag the dog policy. You can read my view on that in my other post "All appplications should be returned" under the moniker If-I-can-why-can't-ICANN.

But since you ask I guess I owe it to you to at least respond. This is going to be seat of the pant's stuff though because I only started looking at this board a few day's ago and haven't read much of the stuff on it.

You say you exceed most of ICANN's requirements. I have a problem with that right there. Of course everybody exceeds ICANNS's requirements because they have so few.

Well maybe not, in fact you do fail one of the requirements : no pre-registrations. But lets not go there for now.

The application is based on you stating your abilities, capacity etc. There is no "you must provide this, at that rate and for so long". Now to me that is a requirement. Instead Icann's approach is "tell us what you can provide, at what rate and for how long". I don't deem this to be a requiremnent - it's a fishing expedition.

Basically it seems Icann is allowing the applicant to set policy which is role reversal personified and not the way to go. Are we going to have a different set of policies for each TLD? Heaven help us if we do end with 500 TLD's as proposed in their paper. This is surely one of the main reasons ICANN was perceived. Maybe Icann is too literal in interpreting their own charter. They seem to centre on stability but what about uniformity? I personnaly think the two should go together.

I'm getting off track again. I keep reading on this board how people say that IOD is already set up and ready to go immediately. Maybe they should look a little deeper into your application. I was surprised to read that you yourself have fears of not being able to cope. In fact it appears your present system will not cope  if you do get .web and that you would have to upgrade before going on-line. Not only your systems, but your staff, maybe even your office.

Cash-flows : While I think Icann was border-line illegal under their charter in setting an application fee the way it did, it pales in comparison to the amount you are wanting to reap in the first year alone nevermind the second and third. And then you you want to offer Icann a paltry $300k a year tsk tsk. If ICANN permitted these charges, I hope they get sued. I thought part of their charter is to serve the interest of the public, and not to line the registry operator's pockets. I don't object to you getting paid to do a job but not this much, it's ludicrous.

The last thing I want to mention is the Business Risks - It reads like a horror story. But lets leave that for another day.

Now don't get too bent out of shape when you read this, I told you I only had a quick read here and there but I promise to read more as we go along. Oh and remember you are the one trying to make the proverbial "quick" buck here not me, so naturally I get to throw stones and you have to defend but lets keep it civil.

     
 


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