[APAC-Discuss] [ALAC] [At-Large] [New gTLD RG] gTLD Review Group decisions regarding the comments on objection grounds on the ".book" application by Amazon EU s.a.r.l

Sun Oct 7 23:28:23 UTC 2012

Dear Alan,

My comments are in-line.

On Mon, Oct 8, 2012 at 10:47 AM, Alan Greenberg <alan.greenberg at mcgill.ca>wrote:

> Sala, two comments.
>
> 1. You use the term "sponsoring organizations"
> (sometimes capitalized). The concept of a
> "Sponsored" TLD has a very specific meaning in
> ICANN, referring to some of the TLDs that were
> delegated in the last decade. I do not believe
> that the term is used in relation to the new gTLD program.
>

Sala: "1.16 A Registered Name is "sponsored" by the registrar that placed
the record associated with that registration into the registry. Sponsorship
of a registration may be changed at the express direction of the Registered
Name Holder or, in the event a registrar loses accreditation, in accordance
with then-current ICANN specifications and policies." from the RAA Template
via: http://www.icann.org/en/resources/registrars/raa/raa-17may01-en.htm#1

>
> 2. In your last bullet, you make reference to TLD
> which are not open to general registration of 2nd
> level domains. The Internet is full of such TLDs,
> including many ccTLDs with strong restrictions on
> who can register 2nd (or even 3rd) level names,
> and a slew of gTLDs with very restrictive
> registration policies.

ICANN has generally accepted and advocates that regulation of the ccTLD is
not within its ambits as this is administered under the various countries
where each ccTLD is subject to their respective country's laws as far as
regulation is concerned. Countries differ in their approaches. To some
extent, there are jurists who argue that the same can be said for the gTLD
market. On the other hand the material distinction is on which occassions
and which instances ICANN has a say. It would appear that ICANN does not
have a say in ccTLD registration policies compared to the gTLD policies
where ICANN does have a say. My comments in my last email was restricted to
what is within ICANN's power to influence, that is their
domain/jurisdiction.

> I am not sure that the
> situation is so dissimilar in that although these
> TLDs do allow SOME registrations, they forbid
> many others. If you are specifically worried
> about such use of TLDs that are also generic words, that should be
> explicit.
>
> Alan
>
I would be interested in seeing studies on the impact of closed market
registries and perceived impact.

>
> At 07/10/2012 06:26 PM, Salanieta T. Tamanikaiwaimaro wrote:
> >The fact that Google is generally considered to be an intermediary service
> >provider, they need to demonstrate that in not allowing second level .blog
> >names to end users is not contrary to global public interest. Policy
> >influences that largely impact on how Google operates.
> >
> >My main concern would be whether we have access to a Study on the Impact
> of
> >Closed Generic Term Registries and the Impact on global public interest,
> >ICANN's core mission etc. If such a study was done, grateful if the
> >community could point out to me a link so I can read.
> >
> >    - Closing off generic name spaces for exclusive use in the wake of
> >    extremely poor global campaigns and awareness where ICANN or the gTLD
> >    programme is involved;
> >    - Challenges for end users and consumers noting that there are
> consumer
> >    groups that have already started lobbying US Senate on the perceived
> harm;
> >    - Controversies surrounding changing the rules during the game vrs GAC
> >    Intervention;
> >    - Regulatory trends within the US will have an impact on ICANN's
> policy
> >    decisions as far as anti trust, competition is concerned, we have
> recently
> >    seen this when the The Honorable Philip S. Gutierrez, United States
> >    District Judge on 4 August 2012 *Manwin Licensing International
> >    S.A.R.L., et al. v. ICM Registry, LLC, et al.*had ruled that
> >    “anti-trust” claims could be filed over controversial .xxx [see:
> >    http://pdfserver.amlaw.com/tal/icann.pdf ]. Not for profit
> organisations
> >    may be subject to the *Sherman Act*.
> >    - On one hand, we are saying we advocate an open and free internet but
> >    the mere granting Sponsoring organisations exclusive rights over gTLDs
> >    without ensuring that these organisations open up registrations of
> second
> >    level domain to others becomes reminiscent of Incumbent Telecom
> operators
> >    pre-liberalisation of markets and whilst it will generate substantial
> >    revenue for both these sponsoring organisations and ICANN, it will
> >    [eventually] force someone either within the US [Senate or DoC] where
> this
> >    could mean that since ICANN is incapable of self-regulatory aspects to
> >    protect global public interest that it may
> > be regulated. This same argument
> >    can be used by those Governments who already feel that ICANN should be
> >    internationalized if not regulated;
> >
> >
> >On Mon, Oct 8, 2012 at 7:59 AM, Seth M Reiss <seth.reiss at lex-ip.com>
> wrote:
> >
> > > Sala  How so?****
> > >
> > > ** **
> > >
> > > *From:* newgtldrg-bounces at icann.org
> > [mailto:newgtldrg-bounces at icann.org] *On
> > > Behalf Of *Salanieta T. Tamanikaiwaimaro
> > > *Sent:* Friday, October 05, 2012 2:02 PM
> > > *To:* Olivier MJ Crepin-Leblond
> > > *Cc:* ALAC Working List; New gTLD Review Group; Susan Chalmers; apralo;
> > > At-Large Worldwide
> > > *Subject:* Re: [New gTLD RG] [ALAC] gTLD Review Group decisions
> regarding
> > > the comments on objection grounds on the ".book" application by Amazon
> EU
> > > s.a.r.l****
> > >
> > > ** **
> > >
> > > Dear Dev and All,****
> > >
> > > ** **
> > >
> > > The Association of American Publishers and Google entered into a
> > > settlement, see: http://www.publishers.org/press/85/ I thought that
> this
> > > would be of interest to the .book debate****
> > >
> > > ** **
> > >
> > > Kind Regards,****
> > >
> > > On Thu, Aug 9, 2012 at 8:12 AM, Olivier MJ Crepin-Leblond <ocl at gih.com
> >
> > > wrote:****
> > >
> > > Dear Dev,
> > >
> > > thank you very much for your email explaining the course of action
> which
> > > you recommend.
> > > I am CC'ing the present email to the ALAC for its information.
> > > I also trust that Avri Doria, Chair of the At-Large New gTLD Working
> > > Group, will be picking up the ball from here. I look forward to her WG
> > > making recommendations as to the course of action they suggest.
> > >
> > > Best regards,
> > >
> > > Olivier MJ Crépin-Leblond
> > > ALAC Chair
> > >
> > > On 08/08/2012 19:51, Dev Anand Teelucksingh wrote:
> > > > Dear All,
> > > >
> > > > The gTLD Review Group (gTLD RG ;
> https://community.icann.org/x/u7-bAQ)
> > > > received a comment on community objection grounds by InternetNZ, an
> > > > ALS in APRALO, on the application by Amazon EU S.A.R.L for the
> applied
> > > > for gTLD string "book" on July 26 2012.
> > > >
> > > > InternetNZ's comment was posted to the At-Large new gTLD Applications
> > > > Dashboard Workspace at
> > > > https://community.icann.org/display/newgtldrg/.book+_OG
> > > >
> > > > Several comments from At-Large, including members of the gTLD RG were
> > > > received and posted on the wiki page at
> > > > https://community.icann.org/display/newgtldrg/.book+_OG
> > > > including a condensed version of InternetNZ's comment by gTLD RG
> > > > members Eduardo Diaz and Yrjo Lansipuro.
> > > >
> > > > The comments by InternetNZ and others raises concerns regarding the
> > > > availability of 2nd level domains under generic TLDs. Whether domains
> > > > under such proposed generic TLDs should be available or "open" to the
> > > > wider public or "closed" to the applicants applying for the proposed
> > > > gTLD.
> > > >
> > > > Because such concepts are outside the scope of the application for
> > > > ".book" by Amazon EU s.a.r.l, the gTLD RG on its conference call on
> > > > Monday August 6 2012 (https://community.icann.org/x/iAUeAg) decided
> > > > not to submit a comment on this application to the ALAC for possible
> > > > submission to ICANN's new gTLD comment forum before the close of the
> > > > Application Comment Period.
> > > >
> > > > However, given the concepts raised regarding the availability of 2nd
> > > > level domains under gTLDs has policy implications that impacts
> > > > individual Internet end users, the gTLD RG recommends that the issues
> > > > raised be referred to the At-Large new gTLD Working Group
> > > > (https://community.icann.org/x/8Yoi) for discussion and possible
> > > > policy recommendations.
> > > >
> > > >
> > > > Kind Regards,
> > > >
> > > > Dev Anand Teelucksingh
> > > > Chair, gTLD Review Group
> > > >
> > >
> > > --
> > > Olivier MJ Crépin-Leblond, PhD
> > > http://www.gih.com/ocl.html
> > >
> > >
> > > _______________________________________________
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> > >
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> > >
> >
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> > > ****
> > >
> > >
> > >
> > > ****
> > >
> > > ** **
> > >
> > > -- ****
> > >
> > > Salanieta Tamanikaiwaimaro aka Sala****
> > >
> > > P.O. Box 17862****
> > >
> > > Suva****
> > >
> > > Fiji****
> > >
> > > ** **
> > >
> > > Twitter: @SalanietaT****
> > >
> > > Skype:Salanieta.Tamanikaiwaimaro****
> > >
> > > Fiji Cell: +679 998 2851****
> > >
> > > ** **
> > >
> > >  ****
> > >
> > > ** **
> > >
> > > ** **
> > >
> >
> >
> >
> >--
> >Salanieta Tamanikaiwaimaro aka Sala
> >P.O. Box 17862
> >Suva
> >Fiji
> >
> >Twitter: @SalanietaT
> >Skype:Salanieta.Tamanikaiwaimaro
> >Fiji Cell: +679 998 2851
> >_______________________________________________
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> >
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-- 
Salanieta Tamanikaiwaimaro aka Sala
P.O. Box 17862
Suva
Fiji

Twitter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Fiji Cell: +679 998 2851