[registrars] Re: link to proposal at ICANNwatch

["Robert F. Connelly" <rconnell@psi-japan.com>]

At 03:54 PM 8/17/01 -0500, Robert A. Connor wrote:
>Dear Folks at Afilias:

[Darn, it got out before I completed my spell check;-( ]

>Please consider this proposal, if you have not already seen it.  It is not
>inconsistent with, and could easily supplement, your action of 8/15/01.
>
>http://icannwatch.org/article.php?sid=301&mode=&order=0
>
>Thank you. I also welcome any feedback or corrections.
>
>Sincerely, Bob Connor

Dear Other BobC:

This is BobC Connelly speaking.

There are some good elements of the proposal.  I think mine is better;-)

Let's see part of the text:

                    How to Salvage .INFO Land Rush and Benefit All
                    But Sunrise Squatters
                    Posted by michael on Friday, August 17 @ 09:32:32
                    MDT
                    Contributed by DomeBase

                    On 8/15/01, Afilias announced that they will challenge 
"facially
                    unqualified" Sunrise Period registrations after letting the
                    Challenge Process take its course and will release them 
at a later
                    time in a yet-to-be-determined manner. The good news is 
that
                    this should discourage new Sunrise Squatters. The bad 
news is
                    that names gobbled up by current Sunrise Squatters will 
not be
                    released in time for the Land Rush period.

[Good things are worth waiting for.  Your proposal already accepts up to a 
120 day delay.  Mine may be shorter.]

                    Honest people who
                    played by the rules and paid good money to pre-register 
in the
                    Land Rush are cheated out of a chance at good names. 
This is
                    unnecessary.

[I am genuinely concerned for the best interests of those who made their 
applications in good faith.  However,  they have not been cheated out of 
anything, yet.  Say some applicants have applied through 30 registrars. Say 
some of these registrars accept multiple applications.  Let's make that 50 
applications by applicant A.

[Say applicant B has applied to ten, one each.

[Let's say C, and E are the same as B.

[Add A's 50, B, C, D, and E's 10 each, that makes 100.

[If the domain in question (kilroywashere.info) had not been Sunrise 
squatted, A would have 50:100 chance (50%), each of the others would have 
10:100 (10%) chances.

[You would have them compete with a universe of applicants, including some 
who have not yet applied, and pay some fee to WIPO, you suggest a reduced 
fee.  Who would get the first chance, I doubt that A would still have a 50% 
crack at even applying to challenge, remember, there is a priority system 
for Challenges, too.]

                    There is a solution that has all the advantages of the 
above and
                    restores integrity to the Land Rush Period as well. As 
best I can
                    tell, all parties except Sunrise Squatters would be 
better off with
                    this proposal.

[My proposal:  After 28 August, each registrar would submit his string of 
those domains already taken in the Sunrise Period to Afilias to be run just 
as it would have been, randomized and all.  It would be run at that date 
uncertain when all the Afilias generated challenges had been exhausted.  We 
should not wait after the 29th to complete this transaction so that no one 
could further stack the deck.]

[If I had my way (which has small chance;-{ ), Afilias would accept only 
one SLD of a given name to be included in this program.  Help support this 
part of this proposal.]

                    The proposal is as follows --

                    1: Run the Land Rush for all names, including those 
registered in
                    the Sunrise Period.

[In my system, the "collisions" would *not* be run.]

                    2: For names not registered in the Sunrise Period, the 
Land Rush
                    winner gets the name as originally planned.

                    3: For names registered in the Sunrise Period, the Land 
Rush
                    winner does not get the name, but does get a chance to 
submit
                    a Sunrise Challenge for that name after the 120 day Sunrise
                    Challenge period is over and all other challenges are 
done -- for
                    a minimal fee.

[A, B, C, D and E would have to fight for position against everyone else 
who wants kilroywashere.info.  ]

                    If the Sunrise registrant can not prove that he/she
                    has a valid trademark in accordance with the Sunrise Period
                    rules, then the Land Rush winner gets the name without the
                    need to show a trademark for the name.

[once the questionable names have failed the challenge, there would be no 
such requirement.]

                    What's in this proposal for Afilias?: C'mon Afilias. 
You never
                    wanted the monkey on your back of trying to figure out 
which
                    Sunrise registrations are valid and which are not.

[You miss the point, Afilias does not and will not have said monkey on its 
back.  That dubious "privilege" belongs to WIPO.]

                    Now you are
                    stuck having to judge which registrations are "facially 
unjustified"
                    to send to WIPO. Yuck! Get the monkey off your back.

[You have seen enough of these questionable applications to know there are 
clear patterns of deception or downright arrogance on the parts of these 
Sunrise squatters, e.g. TM name does not match the SLD, TM name "none", TM 
date is after 1 October 2000, TM registration number is "0" or "000000" or 
"none".  There are other patterns by which the attempted "thefts" can be 
detected, objectively;-) ]

                    Give the problem to the Land Rush winners and WIPO.

[Is this a misprint?  Did you intend to say to the Land Rush losers?  What 
it to prevent unrelated Land Rush winners from trying to grab off more 
territory?  I'll answer, "nothing".]

                     Also, this will save
                    you money. You will not have to send your hard-earned 
bucks to
                    WIPO challenging registrations yourself.

[Thank you for worrying about us, but the integrity of the process is my 
personal concern.]

                    Also, this will be good
                    press.

[Yes, we need that.  Can you guarantee that?]

                    Everyone will love ya.

[Second call for a guarantee.  There is no way that we can satisfy 
everybody, most especially don't expect the deposed Sunrise squatters to 
love us;-( ]

                    Also, you may avoid legal action
                    from Land Rushers. Also, it is the right thing to do. 
You can still
                    adopt this proposal in harmony with your 8/15/01 
action. Just call
                    it "further action" to "more thoroughly address the 
problem of
                    bogus Sunrise Registrations" and also "protect Land Rush
                    pre-registrants."

[It would a good proposal, but lacks insight into the depth and intricacies 
of the problem.    I solicit your support for my alternate proposal.  I've 
been trying to name it, everything comes out too long, why don't you start 
paring down the following:]

Queue: Post LandRush, Successfully Challenged Sunrise Sub-Set.

[Ok, Gentle Editors, start your scissors.]

Regards, The Other BobC