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Username: The Walt Disney Company
Date/Time: Fri, November 3, 2000 at 11:29 PM GMT
Browser: Netscape Communicator V4.7 using Windows 95
Score: 5
Subject: Name Space Inc. Application



The Walt Disney Company ("Disney") submits the application of Name Space, Inc. ("Name Space") to add 118 new top-level domain(s), including .art, .music, .online, .media, .games, .sports, .books, .studios, .radio, .film, .toys, .dvd, .digital and .records must be rejected.

Disney owns subsidiaries engaged in motion picture production and distribution, development, the operation of theme parks, television production and broadcasting.  Disney has also been an Internet pioneer.  Through the creation and development of, Disney has extended its market for family-oriented entertainment onto the Internet.  The Walt Disney Internet Group produces some of the most popular online sites for sports information (, television entertainment ( and news (

Disney is a member of the Business Constituency.

As a domain name registrant engaged in a variety of commercial enterprises, Disney welcomes the addition of new gTLDs.  In particular, Internet stability, commercial accountability and consumer trust are enhanced by the prospect of additional, chartered, top-level domains.  However, Disney can only welcome such developments within the context of a structure within which law, particularly those relating to intellectual property rights, are applicable and enforceable.  The Name Space application fails to meet this threshold and should be rejected.

First, the proposal to dramatically expand the top-level domain name space through the addition of more than 100 new, unrestricted top-level domains is inconsistent with the policy direction previously established by ICANN in consultation with the Internet community.  The Name Space application is utterly incompatible with the phased rollout approved by the ICANN Board.  The allocation of scores of top-level domain names to one register and subject to one business model is also inconsistent with the stated goal of testing different models for management of the top-level domain name space.

The unrestricted allocation of descriptive (as distinct from generic) top-level domains without any guidelines for the registration of such domain names defeats the potential benefits associated with chartered top-level domains that may prove to enhance consumer experience and advance the stability and reliability of the internet.  The fact that the application for such descriptive domain names appears to be unsupported and unsponsored by the relevant communities only serves to underscore the severe deficiencies with the Name Space application.

While these fundamental flaws with the Name Space application dictate its rejection by ICANN, there are numerous specific problems.  Name Space disclaims any responsibility to insure that the administration of  top-level domains entrusted to its custody is administered in a manner consistent with trademark laws.  As noted above, any ideological rejection of law within the top-level domain name space must be rejected.  Name Space, however, takes this flawed position to its illogical extreme by simultaneously asserting that all WHOIS information, specifically including registrant identifying information is private and confidential.

More serious is Name Space's announced intention to reject open access to the most fundamental information regarding the identity of domain name registrants.  This position against transparency and will encourage irresponsibility and undermine stability of the Internet.

Finally, Name Space rejects application of the Uniform Dispute Resolution Policy.  While this should not be a litmus test for acceptance or rejection of applications for additional top-level domain name services, it should feature prominently in any decision regarding such applications.  Where, as here, that rejection is not accompanied by any alternative procedure for addressing domain name disputes or cybersquatting, the application should be rejected.

Consistent with ICANN's own stated position regarding those who have sought to capitalize on domain name speculation by pre-registering domain names and by offering an alternative domain name structure, Name Space's own admitted and established practice of engaging in these practices also dictates rejection of this application.

Very truly yours,

J. Andrew Coombs
Executive Counsel
The Walt Disney Company


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