Comments on Module 6 DAG version 3
Module 6:6.3 This in effect says we will take all application fees and make you spend millions and make you jump through hoops for maybe two years, after waiting patiently for ever-changing application start dates for as many as 4 years. Then even if the applicant does everything required of them, at the very end we ourselves may arbitrarily decide not to give you your painfully earned gTLD, or our very own Board of Director’s (of a now private US corporation like any other) may not give you your earned gTLD or the US Department of Commerce as recommended by the US Dept of Justice may refuse to give you your earned gTLD. The best part as stated below in 6.5 and 6.6, is that when you are refused we will keep your money and you have no right whatsoever, anywhere to complain or sue us.
6.5 Any functioning commercial enterprise does not ask to be indemnified even when it does something wrong or negligent. For example, taking an admittedly bizarre example, if during the application an ICANN employee with a psychological problem decides to use anthrax in return communication (such cases have happened several times in the USA involving post office workers and research labs in recent years) and a gTLD applicant’s employee dies as a result, as stated currently ICANN is and its unbalanced staff member will be utterly indemnified. Even the US government in its bids and tenders does not require such carte blanche indemnification. Even the Gods of many cultures/religions are known to be mature enough to admit mistakes and accept consequences for such.
6.6 This in effect says, we, ICANN, can do whatever it wants and take your money and you give up all your rights anywhere and everywhere forever, no matter what happens or what we do. Fairly certain that this is illegal and unenforceable in many jurisdictions. The point of judicial fora and courts is to give fair hearing if one feels cheated. It is just another attempt by ICANN to say that we are more important than any court or judicial process in any country. I doubt any potential gTLD applicant has ever in his/her business or professional life in any country seen such a protective clause in a lifetime of entering/reviewing contracts.
Module 6 .doc