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Carlton
03-12-2009, 11:04 AM
ICANN Serve Themselves Above Everyone Else (http://premiumdomains.biz/blog/2009/03/icann-serve-themselves-above-common-good/)

... by premiumdomains.biz

MrMobi
03-12-2009, 03:50 PM
ICANN Serve Themselves Above Everyone Else (http://premiumdomains.biz/blog/2009/03/icann-serve-themselves-above-common-good/)

... by premiumdomains.biz When it comes to what to and or how to in that situation at this present time in my life for me to make a differance, hmmmnnn, i dont know where ide quite fit in:dontknow::hmmmm2::confused2: We most definatly dont need any more domain extensions!!! Help? :dontknow:

Carlton
03-13-2009, 12:22 AM
When it comes to what to and or how to in that situation at this present time in my life for me to make a differance, hmmmnnn, i dont know where ide quite fit in:dontknow::hmmmm2::confused2: We most definatly dont need any more domain extensions!!! Help? :dontknow:I think there will be more opportunities to express public opposition, to add written comments along with other interested individuals & companies.

gogo
03-13-2009, 06:48 AM
Good blog Carlton. I read the linked Advertising Age article too, very interesting.

What I can't work out is what is ICANNS agenda? If it is money, what do they plan to do with it as a non-profit? Create an empire of influence? Or are they just even more stupid now than they have been so far?

What I also wonder about is the adjudication within a new TLD - if you buy bmw.berlin and bmw decide they want it, is the conflict resolution in the hands of WIPO or does each new TLD create its own adjudication process that you sign up to when you buy a name?

Carlton
03-13-2009, 11:09 AM
Good blog Carlton. I read the linked Advertising Age article too, very interesting.

What I can't work out is what is ICANNS agenda? If it is money, what do they plan to do with it as a non-profit? Create an empire of influence? Or are they just even more stupid now than they have been so far?

What I also wonder about is the adjudication within a new TLD - if you buy bmw.berlin and bmw decide they want it, is the conflict resolution in the hands of WIPO or does each new TLD create its own adjudication process that you sign up to when you buy a name?Excellent questions. Yes, ICANN want an empire of influence. They can elevate themselves to a whole other plateau by creating a new revenue stream based on exploiting the tld system under the pretense of "innovation". They in essence want to sell every word in the dictionary as a new top level domain.

Regarding adjudication, this is where ICANN's "plan" grossly lacks an intelligent conflict resolution component. The UDRP would be literally overrun and the legal costs to corporations enormous as they are forced to bypass UDRP in many cases and move straight to Federal court. ICANN want to minimize perception of this since it alone is sufficient to squash their proposal. The bmw.berlin dilemma would be duplicated many times over as the market became flooded with countless variations of similar domain name addresses. And we would lose much of the internet's organization. All the while, ICANN would just rake in money and expand their role as overseers. Based on their past performance, this is headed toward a cliff.

gogo
03-13-2009, 11:55 AM
So from what you say Carlton the domains sold on the new TLDs would be subject to UDRP and WIPO, not new autonomous procedures?

Something I never thought of before - supposing a new TLD goes bust or shuts down - everyone with a domain on it gets stuffed.

Someone could buy the TLD .wealth and sell all kinds of domains on it as pyramid scheme and then disappear.

Carlton
03-14-2009, 01:41 AM
I can't answer that about UDRP. Conflict resolution's been typically outsourced to NAF and WIPO, or other similar bodies. And you had things like STOP for .biz that were horribly misapplied and often ineffective. To my knowledge, ICANN have not selected or designed any other process (outside of UDRP) for resolving disputes in regard to the new tld's should they become a reality.

The ICANN public comment section on the new tld's was filled with corporation response about inevitable legal defense costs. They have a right to be concerned. Of course, ICANN's stupid commissioned study suggested that TM infringement issues would probably be minimal. That's either grossly ignorant or incompetent as I see it.

gogo
03-15-2009, 01:12 PM
I can't answer that about UDRP. Conflict resolution's been typically outsourced to NAF and WIPO, or other similar bodies.


It seems the less than impressive WIPO will adjudicate on objections to new TLD names, at big expense to the objectors:


There will be a non-refundable Dispute Resolution Filing
Charge for any Objection, which is likely to be between $1,000
- $5,000, as well as a more expensive Adjudication Fee. Both
these are payable directly to the relevant DRP.

ICANN estimates that the costs of a Legal Rights Challenge
administered by WIPO will be set somewhere between $2,000
- $8,000, depending on the number of panelists. However,
objections on other grounds could be much more expensive
- with adjudication fees even as high as $122,000 it suggests
- as the panelists will be paid on an hourly basis and the
process for a Morality or Community Objection could involve
both written submissions and a hearing.



ICANN apparently expect objectors to set aside their legal
rights when they commence a proceeding. This is something
that there will be many comments upon that we expect to
see changed in the next iteration of the Guidebook.
I found that in a fascinating and very informative PDF on the subject available on the home page of ComLaude.com.


That no-one outside the ICANN community has called for this expansion of the domain name system is not relevant to ICANN, which points to 18 months of “robust discussion and consultation” Nor is it relevant that it anticipates receiving $92 million in application fees in the first year – enough to secure its financial future and to In the first two or three years of this expansion, it is unlikely decrease its dependency upon the US government, though it maintains that the new gTLD process “is designed to be cost/revenue neutral”.

And I see comlaude.com have set up a sister business valideus.com to help set up your new TLD.


The old ICANN could not have made this programme work.
The new ICANN, led by an assured and professional team,
have the experience and commitment to drive the
programme through, coupled with the awareness that it
secures ICANN’s future. Now that they have taken steps to
allow governments to block terms of importance to them, it
appears that the only force that can slow them down is the
perilous state of the global economy, a factor that was
noticeably ***-agenda at the ICANN Open Meeting in Cairo.
If ICANN can deliver its vision of a domain name system with
several thousand gTLDs , then for most significant IP owners
it is surely not a question of whether to apply but rather when
to apply. As the domain name system metamorphasises into
a directory of leading corporations, and internet users
become accustomed to seeing brand names in the browser,
can anyone ignore the process in the long-term?

IP owners consider when assessing the opportunities and

risks of applying sooner rather than later in the new gTLD
programme? We’ve put together the check lists below:
REASONS TO DELAY APPLYING

1. It is not your business to run a registry.

2. Applying is going to be expensive and time
consuming: let others pioneer the process.There
have been many failed initiatives that have been
expected to transform the internet– remember
RealNames that shut down in 2002?
3. The investment you have made in securing a
portfolio of gTLDs and ccTLDs and creating websites
that communicate with your customers wherever
they are already gives you a global presence.
4. A new gTLD is not going to stop infringers
registering under other gTLDs: in fact the new gTLD
process is going to increase your policing costs.You
can’t risk abandoning other registrations.
5. There is no demand from your consumers or
customers, your shareholders or staff. It is ICANN, the
registry operators and registrars who are pushing
the programme.They will be the ones who profit
from early applications.
6. You pay for Search Engine Optimisation already.
Can anyone guarantee that a new gTLD will launch
you up the listings?
7. What term should you apply for? The main operating
company? Which trade mark or brand? The process
raises as many branding issues as it resolves.
8. What about liabilities? What about risks? Suppose
the process is delayed by legal challenge or your
application faces an Objection? Suppose you set up
a registry and it fails? There is too much uncertainty.
9. Owning a generic term in co-operation with
competitors may be seen as anti-competitive.
It raises many issues and might not enhance your
brand.
10. The risk and the cost of applying will reduce after the
first round.You can save money and learn from the
mistakes others make.
11. You can oppose anyone who applies for a character
string that matches your brands.
12. How long will it take internet users to understand
private-label gTLDs? You’ve already invested in
registration at the 2nd level other gTLDs that have
proved unpopular with the public. No-one is going
to abandon their .com.

gogo
03-15-2009, 01:53 PM
to answer the original question it seems all the new TLDs will be subject to UDRP


There are even a set of questions about the Whois service the
applicant will provide as well as a link that takes potential
applicants through to a description of the UDRP which is
mandated upon all successful new applicants.

Carlton
03-20-2009, 02:30 PM
to answer the original question it seems all the new TLDs will be subject to UDRPOne concern here is that the UDRP, while more cost effective than going to court, has been often filled by panelists who are obviously biased, not well-educated on domain matters, and who will overly on a single precedent from the early years that itself was weak and indefensible.

We'll have a cottage industry of people wanting to make their living as UDRP panelists. Which will raise a new goal --> to develop a more stringent screening method for panelist eligibility because the fallout from 10x more UDRP's is going to cause big problems for everyone.