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Oops -- [wg-c] Re: [wg-c-3] Notes on new gTLD registries



Well, it's been a long day, and I made an assertion below that wasn't completely right. The Green Paper contemplated that new gTLDs would be shared; the White Paper reported -- and did not challenge -- commenters' strong support for that position. It's therefore fair to say that the White Paper contemplated, indeed advocated, shared gTLDs. I was incorrect to state otherwise (although I think it goes too far to say that the White Paper "mandated" them). OTOH, the White Paper was skeptical of the view that registry operators should be nonprofit, as in the "public resource" model.

Jon


Jon Weinberg
Professor of Law, Wayne State University
weinberg@msen.com


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>>>>
This is a belated reaction to a note Kent posted to wg-c-3 last week. He
urges that we should have new gTLDs, but that the *only* ones to be added
for now should come from the CORE set, and should be operated by
not-for-profit shared-registry operators. Why? Because only that
decision, he explains, has sufficient consensus support to be adopted in a
reasonable time frame. I'm at a loss to understand this. I think there
would be little objection to including CORE gTLDs in the first dozen or so
rolled out. But the idea that we should include *only* the CORE gTLDs in
the ICANN root now, while rejecting any inclusion of proprietary gTLDs
until after the attainment of an unattainable consensus, strikes me as at
least as controversial as any other proposed approach. If we're to adopt
Kent's position, it will have to be on some basis other than its asserted
consensus support.

I'm also puzzled by Kent's assertion that the White Paper mandated that
new gTLD registries be shared. The White Paper took no position on this
issue, but, if anything, its discussion favors a system of "competitive
and/or for-profit" registry operators. Here's the key White Paper language:

>>>>>Both sides of this argument [whether new gTLD registry operations
should be run on a "competitive and/or for-profit" basis] have considerable
merit. It is possible that additional discussion and information will shed
light on this issue, and therefore . . . the U.S. Government has concluded
that the issue should be left for further consideration and final action by
the new corporation. The U.S. Government is of the view, however, that
competitive systems generally result in greater innovation, consumer
choice, and satisfaction in the long run. Moreover, the pressure of
competition is likely to be the most effective means of discouraging
registries from acting monopolistically.

Jon


Jon Weinberg
Professor of Law, Wayne State University
weinberg@msen.com


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