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Username: Eliahu
Date/Time: Mon, November 13, 2000 at 7:12 AM GMT
Browser: AOL Browser V5.0 using Windows 98
Score: 5
Subject: Are You Kidding - ICANN Reply???!!!

Message:
 

 
       
      Dear Mr. Lynn,

      They can't respond.  Do not take this as a positive or negative.  Anything they say at this point may be used as fodder against them in a court of law.

      They will make their opinions known in carefully crafted documents, and under the scrutinizing eyes of their attorneys, as the final decisions are handed down.

      I am sure they now realize that they showed their hand and made major errors, in their official comments on each TLD application.  I am confident they wish they could take their comments back for re-drafting, but it's too late.  In my opinion, their entire process was flawed.  Under the system of choice which they adopted, if you pay your money, and you meet the requirements, then you should be awarded the TLD.  If two or more companies want to be the official registrar for the same TLD, then ICANN is in for big trouble if everyone is qualified, and everyone paid their $50,000.  People don't spend that kind of money, only to have their applications summarily dismissed.

      What they did was to set this process up like a horse race.  Each horse owner puts up his entry fee, and whoever crosses the finish line first takes the purse.  ICANN forgot however, that there has to be a race.  The system ICANN adopted took all the entry fees, but made no provision to have a race. 

      When ICANN required a $50,000 non-refundable fee, I think they cooked themselves.  Whatever they say about any of the applicants, can be countered.  It is all subjective, which means that ICANN can do whatever it wants, can say whatever it wants to support their judgment, and let the courts decide the veracity of their opinions, as they are legally challenged.

      There are other factors which force ICANN to remain silent.  ICANN has specifically charged itself with adding competition to the system.  What are the courts going to say, if they bypass qualified independent applicants, who paid their $50,000, in favor of applicants who already control 98% of the gTLD market? 

      As I said, it is meaningless at this point that we do not hear from them.  If ICANN follows its intellect, then I feel strongly that IOD, and perhaps Name-Space, will receive an appreciated reward. 

       It's like a marriage.  He who begins his marriage with his intellect, ends up with a marriage of the heart.  He who begins his marriage with the heart, so often ends up with a marriage of the intellect: in divorce court.

       Your concern is understandable but unwarranted, Eliahu
 


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