Re: [ga] Death Struggle in Name Space

[Sandy Harris <sandy@storm.ca>]

Roeland Meyer wrote:

> > > I see ICANN dropping .biz as highly unlikely. ...
> 
> > > Methinks the people running the non-ICANN .biz should be
> > trying to arrange
> > > some sort of deal with the new ICANN .biz folks. ...
> >
> > You don't quite get the power play here.

Arguably, they're not trying for new power, just using what they've
always had.

> >  If ICANN can get .biz operational they
> > would effectively kill off the so-called alternate roots.

Yes.

> > Who would invest
> > money in setting up a TLD like .dog or .cat if they knew that
> > ICANN could come
> > along at any time and just usurp it?

People did, and they knew ICANN could create a conflicting domain.
Everyone has known from the beginning that ICANN could create .biz,
.web, or whatever in its root.
 
> Two things; If NeuStar came up with a suitable offer to buy the BIZ
> registry, I'm sure Karl and Leah would consider it. There is no such thing
> as a business that isn't for sale. We all know what we all are, it is simply
> a matter of price.

Or negotiate some sort of deal that moves the customers from their
.biz to the new .biz. Assuming the new .biz actually happens (which
I'd say is the way to bet) this is obviously in the interests of both
the new registry and the customers. For Neustar, it sucks, but it may
be the best option.

> Secondly, I disagree with your conclusion. BIZ is a valid
> business, which may be protected by law (US Constitution, 4th Amendment).
> The USG cannot, by direct action or via an agent, cause the destruction of a
> lawful business. Since the DOC has final authority over the USG root zone,
> entering the NeuStar BIZ would cause destruction or interferance with
> AtlanticRoot BIZ and would therefore be illegal. So, bottom-line, they can't
> just come along and usrup it. They can try, but that would definitely
> indicate a court fight, probably with TRO's that would suspend that action.

The counter-argument is pretty obvious.
 
> [IANAL - I Am Not A Lawyer. Before taking action on anything I say, you are
> encouraged to seek legal advice. ]

Me neither.
 
> > That's why the whole "alternative" community are united in
> > their opposition.
> >
> > What people forget is the opposite argument.  If ICANN does
> > NOT get .biz
> > operational then ICANN is effectively beaten back from any
> > alternate TLD which
> > has been activated.  These are becoming increasingly
> > numerous.  It would mean
> > that ICANN's scope of operations would become more and more
> > constrained over
> > time.
> 
> Possibly. However, off-shore TLDs maybe not so protected. Their defense
> against this is to define a standard registry SLA.
> 
> > Both operators of .biz (legacy and alternate) are just pawns
> > in a death struggle.
> >
> > It's more like the "cold war" where neither can win but
> > neither can afford to
> > lose.  Of  course, like the cold war, the struggle itself
> > might cause one or
> > other side to collapse internally.   If you look at it
> > realistically, New.Net
> > shows that it is not easy to call who will be the winner.
> 
> IMHO, it's an indicator, but may not be definitive as you think.
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