[bc-gnso] RE: existing BC position on batching

Phil Corwin psc at vlaw-dc.com
Thu Mar 15 15:49:28 UTC 2012


While not taking any firm position on batching until ICANN actually reduces its proposal to writing in a comprehensible form (if that is possible) and ICA's members have a chance to review it and weigh in, I do feel a need to make a cautionary statement -- There should not be an assumption that new generic gTLDs will not add value and innovation to the DNS, and it would be problematic to have a position which relegated all generic bids to a second or later batch based on such an assumption.



Philip S. Corwin, Founding Principal

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________________________________
From: owner-bc-gnso at icann.org [owner-bc-gnso at icann.org] on behalf of Bryce Coughlin [Bryce.Coughlin at fox.com]
Sent: Thursday, March 15, 2012 3:08 AM
To: Hansen, Anjali; 'Steve DelBianco'; bc - GNSO list
Subject: [bc-gnso] RE: existing BC position on batching

I would like to echo Anjali's thanks to the BC in general--and to Marilyn and Steve in particular--for a very warm welcome to us newcomers.

I also second Anjali's thanks to Steve for this circulation, and also her comments in general.  An issue of clarification: in our huddle today, I got the impression that the current BC position was the prioritization of both IDNs and community-based applications.  However, upon reading the position statement in the below email, it seems that the position actually only calls for prioritization of community-based applications.  If that is indeed the case, I would offer that this is actually a good thing:  As implied in the comments today, IDNs as a group may be too broad a category to advocate for prioritization per se.  Instead, as we continue the discussion and calibration of the BC position on this issue in the future, I wonder if we might eventually tweak the position to read that we support the prioritization of community-based applications--including and especially IDNS that are community based.  That is very different from wholesale endorsement of IDN prioritization because it removes types of IDNs (e.g., .brand IDNs) that would not carry the same rationale for prioritization.

Of course, as the issue is unlikely to be resolved until the application window closes, I look forward to further development and discussion on the topic.

Best,
Bryce


________________________________
From: owner-bc-gnso at icann.org [owner-bc-gnso at icann.org] on behalf of Hansen, Anjali [AHansen at council.bbb.org]
Sent: Wednesday, March 14, 2012 9:42 PM
To: 'Steve DelBianco'; bc - GNSO list
Subject: [bc-gnso] RE: existing BC position on batching

Steve,

Thanks for sending this around for us newcomers.  I agree with the BC’s recommendations on batching and the other positions taken on the Applicant Guidebook in the link you sent.  Great job by the BC. I especially appreciate the proposal that was made for a Globally Protected Rights List which was unfortunately not taken by ICANN.  I’d like to keep pushing for this list in the future.  I strongly believe that rights holders should pay to protect their brands one time in the TM Clearinghouse and not have to defensively register.  This creates high costs to brandholders and undeserved revenue to registries and registrars.  I think what occurred in .xxx and the profits raised by blocking and defensive registrations is indefensible and should not be allowed to occur again.

My comment today about the batching order, came from the proposal raised at the NTIA meeting many of us attended in Washington that the batching order should be: (1) IDNs, (2) community, (3) generic, and (4) brands.  I worry about allowing all IDN’s to go first since many of those could fall under brands or generics.

I do think the first batch should prioritize IDNs but with qualifications.  I like the standards set forth in the BC position on batching in general, e.g., that:  “name space expansion should create added-value. Where there is added-value there will be genuine user demand – not just defensive registrations—and expansion will enhance choice and competition in the global public interest. In a global market economy, added-value means differentiation from other gTLDs while providing competition for existing gTLDs.”   This should apply to any first batch IDNs as well.

Thanks to the BC for all your hard work and progress to date.  I look forward to being more involved in your policy positions in the future and your patience while I get up to speed.

Anjali

Anjali Karina Hansen | Associate General Counsel

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From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On Behalf Of Steve DelBianco
Sent: Wednesday, March 14, 2012 3:47 PM
To: bc - GNSO list
Subject: [bc-gnso] existing BC position on batching

In our preparation for tomorrow's public forum topic on gTLD Implementation issues, here's the BC's existing position on batching:

See below and on Page 3 of the document at
 http://www.bizconst.org/Positions-Statements/BC+on+Final+App+Guidebook+May+2011+v3.pdf

As to the composition of the first batch, the BC recommends that it include a substantial proportion of community-based applications. It is a long-standing position of the BC that name space expansion should create added-value. Where there is added-value there will be genuine user demand – not just defensive registrations—and expansion will enhance choice and competition in the global public interest. In a global market economy, added-value means differentiation from other gTLDs while providing competition for existing gTLDs.




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