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New contract concens

  • To: biz-tld-agreement@xxxxxxxxx
  • Subject: New contract concens
  • From: MR800KING@xxxxxxx
  • Date: Sun, 27 Aug 2006 19:16:57 EDT

Dear ICANN Board,  

If a Registry can set "market prices" for .biz, .info, .org (ie.  $500 or 1 
million per year for cars.org or Google.org etc.. ), What is to stop  Verisign 
from doing the same with .com/net in 2012? We already saw lawsuits fly  with a 
modest increase WITH a cap. Differential pricing could run afoul of  
trademarks, intellectual property and tax economic growth. If a Registry 
charges  a 
higher renewal fee for a trademarked domain, then is the Registry extorting  
value from someone's trademark? Are they infringing? I think people on both  
sides of the fence need to be concerned. Start asking, "Just how will the  
Registry set prices? Will the Registry infringe on YOUR trademark? " The  
may even start asking itself, "Wow. Did not think of that. How will we  avoid 
getting sued if we charge more to a trademark holder." 

In addition  these contracts do not specify how the Registry will set domain 
specific  pricing. These contracts, therefore, do not rule out the possibility 
that the  Registry could hold auctions for domains for your own website. You 
could find  yourself having to bid to keep the name of your own website. ALL 
of your  businesses could be in serious jeopardy. This is simply OUTRAGEOUS.
To enable and facilitate a way for a Registry to financially  exploit and 
gouge the marketplace would not only be a business tragedy, but it  goes 
the grain of all the base principles upon which the Internet was  conceived. 
It would certainly deter new entrepreneurs from considering venturing  onto the 
Net if there is no certainty what their site's URL location will be  costing 
them each year they renew. And the vast multitude of current web  site 
operators would close up shop if their costs of doing business skyrocketed  on 
website they own.

Even more importantly, this flaw would  give an unfair economic advantage to 
individuals and corporations who have  substantial capital resources who could 
outbid less fortunate and startup  entrepreneurs with limited capital.

And inevitably, there would be a  tidal wave of costly and time consuming 
lawsuits and litigation that ICANN  itself would have to deal with from the 
millions of impacted domain and website  owners on every level. ICANN has been 
trusted to do right by everyone concerned  not to help Registries line their 
pockets at the expense of EVERY website owner  on the net. I hope you folks 
what a can of worms this will open? I PRAY  that you are reading these posts 
and understanding the valid and important  points that are being made.

Thus, the World Association of Domain Name  Developers Inc. respectfully and 
strongly requests that ICANN reconsider  and reconstruct the contracts and 
remove this no price caps clause  completely.
Thank you for your consideration!
Rick Schwartz
President & CEO World Association of Domain Name Developers Inc.

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