[bc-gnso] GAC Communique on closed generics

Ron Andruff randruff at rnapartners.com
Thu Apr 11 08:35:11 UTC 2013

Go for it! Let's strike while the iron is hot!


Ron Andruff

-------- Original message --------
From: Steve DelBianco <sdelbianco at netchoice.org> 
To: 'bc - GNSO list' <bc-gnso at icann.org> 
Subject: [bc-gnso] GAC Communique on closed generics 
Here is the Excerpt on Closed Generics.   

Exclusive Access
• For strings representing generic terms, exclusive registry access should serve a public interest goal.

• In the current round, the GAC has identified the following non-­‐exhaustive list of strings that it considers to be generic terms, where the applicant is currently proposing to provide exclusive registry access

.antivirus, .app, .autoinsurance, .baby, .beauty, .blog, .book, .broker, .carinsurance, .cars, .cloud, .courses, .cpa, .cruise, .data, .dvr, .financialaid, .flowers, .food, .game, .grocery, .hair, .hotel, .hotels .insurance, .jewelry, .mail, .makeup, .map, .mobile, .motorcycles, .movie, .music, .news, .phone,.salon, .search, .shop, .show, .skin, .song, .store, .tennis, .theater, .theatre, .tires, .tunes, .video, .watches, .weather, .yachts, 

.クラウド [cloud], .ストア [store], .セール [sale], .ファッション [fashion], .家電 [consumer electronics], .手表 [watches], .書籍 [book], .珠宝 [jewelry], .通販 [online shopping], .食品 [food] 

Looks to me like GAC advice is to establish public interest before allowing "Exclusive Access" or closed TLD.   

They imply an Operator has to show that Exclusive Access will serve a public interest goal.   I could go to mic and explain that the Ry Code of Conduct was written with this in mind, but we need ICANN to clarify the rules for the public interest test in 6 (iii) below: 

1. In connection with the operation of the registry for the TLD, Registry Operator will not, and will not allow any parent, subsidiary, Affiliate, subcontractor or other related entity, to the extent such party is engaged in the provision of Registry Services with respect to the TLD to:

b. register domain names in its own right, except for names registered through an ICANN accredited registrar that are reasonably necessary for the management, operations and purpose of the TLD  

6. Registry Operator may request an exemption to this Code of Conduct, and such exemption may be granted by ICANN in ICANN’s reasonable discretion, if Registry Operator demonstrates to ICANN’s reasonable satisfaction that (i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, (ii) Registry Operator does not sell, distribute or transfercontrol or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator, and (iii) application of this Code of Conduct to the TLD is not necessary to protect the public interest.       

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