[APAC-Discuss] Fwd: [ALAC] Closed generic statement

[Holly Raiche]

Hi Everyone

This is another and later step on the issue of gTLDs.  So please, go to the wiki to read the latest version.
https://community.icann.org/pages/viewpage.action?pageId=40927847

Let me know if you are okay with the new and more nuanced version

Holly


Begin forwarded message:

> From: Alan Greenberg <alan.greenberg at mcgill.ca>
> Date: 28 February 2013 5:00:24 PM AEDT
> To: ALAC Working List <alac at atlarge-lists.icann.org>
> Subject: [ALAC] Closed generic statement
> 
> At Tuesday's ALAC meeting, Evan presented a statement on closed 
> generic word domains that gave the two opposing positions that had 
> been expressed by various ALAC and At-Large people. I suggested that 
> the ALAC not vote for or against that statement, but each member say 
> with side they supported. As the discussion evolved, there was some 
> discomfort about simply giving a tally of the two sides, and 
> moreover, that it ignored a third option that allowed some parts of 
> both sides to be supported. I volunteered to work with Evan to create 
> a new version.
> 
> I did create such a 3rd "in between" option. As we were reviewing it, 
> and partially guided by a message from Roberto Gaetano, Evan 
> suggested that this in-between option, with some enhancements, could 
> be a single statement that most or all of the ALAC could support.
> 
> What you see here is an evolution of that statement. Thanks to 
> Olivier and Rinalia who identified a number of problems with earlier versions.
> 
> The comment period closes on March 7th, so a vote will need to be 
> completed by March 6th. I believe that Olivier would like to start a 
> vote relatively quickly, so if you have any problems with what you 
> see here, please speak up quickly.
> 
> This new statement is also posted on the wiki - 
> https://community.icann.org/x/Z4JwAg.
> 
> Alan
> 
> =================================
> 
> On the whole, the ALAC does not believe that closed generics provide 
> public benefit and would prefer that TLDs -- especially for strings 
> representing categories -- were not allocated in a way that would 
> lock out broad access to sub-domains. Some members of At-Large 
> believe, on principle, that all closed generics are harmful to the 
> public good. Others believe that, while not necessarily being 
> beneficial to end users, closed gTLDs should be allowed as simply 
> being consistent with existing practise for lower-level domains.
> 
> However, in developing this response to the Board's request, the ALAC 
> found the issue to be far more nuanced than the above hard positions 
> would suggest. We can foresee innovative business models that might 
> allow a closed TLD to be in the public interest. An example might be 
> a registry that makes 2nd level names available at no cost to anyone, 
> but retains legal control over them. This is similar to the model 
> used by Facebook and many blog hosting sites. Allowance should be 
> made for applicants interested in widespread sub-domain distribution 
> that do not require domain-name sales as a source of revenue, or for 
> other forms of sub-domain allocation.
> 
> Whether a generic-word string is used with its generic meaning or in 
> some other context may also be relevant. The fictitious but famous 
> computer manufacturer, Orange Computers Inc. using the TLD ".orange" 
> might be acceptable, while the same string used as a closed TLD by a 
> California Orange Growers Cooperative (and not allowing access to 
> orange producers from Florida or Mediterranean and South American 
> countries) might well be considered unacceptable.
> 
> Allowing this nuanced approach would likely involve a case by case 
> review of how a TLD will be used and how its sub-domains will be 
> allocated. Moreover, it would require a contractual commitment to not 
> change that model once the TLD is delegated.
> 
> In summary, the ALAC believes that completely uncontrolled use of 
> generic words as TLDs is not something that ICANN should be 
> supporting. However, some instances of generic word TLDs could be 
> both reasonable and have very strong benefits of just the sort that 
> ICANN was seeking when the TLD space was opened. Such uses should not 
> be excluded.
> 
> 
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