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RE: [bc-gnso] Proposed BC Comment on Vertical Integration Working Group Initial Report (to be filed 12-Aug)

  • To: "Steve DelBianco" <sdelbianco@xxxxxxxxxxxxx>
  • Subject: RE: [bc-gnso] Proposed BC Comment on Vertical Integration Working Group Initial Report (to be filed 12-Aug)
  • From: <john@xxxxxxxxxxxxxxxxxxx>
  • Date: Mon, 09 Aug 2010 09:28:10 -0700

<html><body><span style="font-family:Verdana; color:#000000; 
font-size:10pt;"><div>Steve,</div><div><br></div><div>I think I am raising an 
old issue, not a new one.&nbsp; For that I apologize, but there has always been 
too much Lewis Carroll at the ICANN tea party.&nbsp; So what's another 
lump.</div><div><br></div><div>For me, the inability of the Vertical 
Integration Working Team to reach consensus is as the canary in the coal 
mine.&nbsp; Its behavior is evidence of potential trouble ahead.&nbsp; As the 
Internet industry matures, it will become like others which set policies that 
are tested in court.</div><div><br></div><div>The notion of the "status quo" is 
proof.&nbsp; Verisign used litigation to bludgeon ICANN in the 2005 contract 
negotiations on the .com registry.&nbsp; There is no contextual "status quo," 
only situational.&nbsp; The "15 percent rule" is not really a rule but a 
starting point for negotiation with ICANN.&nbsp; Look at .name or .me.&nbsp; I 
think there ought to be a brighter line around what's best and for that reason, 
I am inclined to support the 100,000 domain name 
waiver.</div><div><br></div><div>If we subscribe to the value of additional 
gTLDs and if we agree that "captive" registries ought to be exempt from 
separation of registry and registrar, then it only makes sense to accept that 
small registries, to promote stability, should have some 
leeway.</div><div><br></div><div>Assuming a modest $10 per domain name, 100,000 
names give the registry reason, visibility and working capital enough to move 
from "captive" to competitive.</div><div><br></div><div>Barring the ability to 
make such a left turn in the BC point-of-view (we are WAY down the road), I 
think the "status quo" position is acceptable as it allows quite a wide range 
of solutions that can help get gTLDs 
up-and-running.</div><div><br></div><div>Cheers,</div><div><br></div><div>John 
Berard<br></div><div><br></div><div><br></div>
<blockquote id="replyBlockquote" webmail="1" style="border-left: 2px solid 
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-------- Original Message --------<br>
Subject: [bc-gnso] Proposed BC Comment on Vertical Integration Working<br>
Group Initial Report  (to be filed 12-Aug)<br>
From: Steve DelBianco &lt;<a 
href="mailto:sdelbianco@xxxxxxxxxxxxx";>sdelbianco@xxxxxxxxxxxxx</a>&gt;<br>
Date: Fri, August 06, 2010 10:23 am<br>
To: "'bc - GNSO list'" &lt;<a 
href="mailto:bc-gnso@xxxxxxxxx";>bc-gnso@xxxxxxxxx</a>&gt;<br>
<br>
    <font size="4"><font face="Optima, Times New Roman"><span style="font-size: 
11pt;">To: &nbsp;&nbsp;&nbsp;&nbsp;BC members<br> From: BC executive 
committee<br> <br> On Thursday 5-Aug, your executive committee held a call with 
several BC members who are devoting much of their time to the Vertical 
Integration (VI) Working Group. &nbsp;&nbsp;( Ron Andruff, Berry Cobb, Mike 
Palage, and Jon Nevett ) <br> <br> The discussion revealed that the Working 
Group is not likely to reach consensus for any single plan. &nbsp;However, 
there are principles which may emerge with significant support. &nbsp;&nbsp;The 
initial report of the Working Group is presently posted for public comment, 
with a due date of 12-Aug. &nbsp;(see <a target="_blank" 
href="http://icann.org/en/public-comment/#vi-pdp-initial-report";>http://icann.org/en/public-comment/#vi-pdp-initial-report</a>
 )<br> <br> The BC already has an approved position on VI, which was posted in 
Sep-2009. &nbsp;&nbsp;However, we believe that the BC needs to make key 
clarifications of our Sep-2009 position in order to make it more relevant the 
VI Working Group’s initial draft report:<br> <br> 
</span></font></font><blockquote><font size="4"><font face="Optima, Times New 
Roman"><span style="font-size: 11pt;">1. &nbsp;define what the BC meant by 
“status quo” in our statement “the BC opposes any change to the status quo for 
all TLDs intended for sale to third parties”<br> <br> 2. &nbsp;define what the 
BC meant by “internal use” in our statement “The BC believes that uniquely for 
domain names intended for internal use, the principle of registry-registrar 
vertical separation should be waived.”<br> <br> 3. &nbsp;encourage continued 
work to define eligibility and scope for Single registrant – Single User 
exception. <br> </span></font></font></blockquote><font size="4"><font 
face="Optima, Times New Roman"><span style="font-size: 11pt;"><br> We drafted a 
comment along these lines and have posted it here for your review and comment. 
&nbsp;The executive committee plans to file these comments by 12-August 
deadline. (comment attached)<br> <br> Again, these are meant to be 
clarifications of existing position — not a new comment that would be subject 
to the 14-day review period required by our charter. &nbsp;&nbsp;<br> <br> But 
as you review these comments, please feel free to raise new issues that go 
beyond clarifying our Sep-2009 position, since your thoughts will be extremely 
helpful to the BC members on this working Group and to our GNSO Councilors. 
&nbsp;&nbsp;For example, please think about how to distinguish ‘registered 
users’ of a dot-brand owner from ‘registrants’ of an ICANN-accredited 
registrar. <br> <br> <br> --Steve DelBianco<br> </span></font></font>   
</div>
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