[GNSO-RPM-WG] Further to last week’s call - Premium names

[Paul Tattersfield]

Dear Griffin,

As promised on last week’s call attached is an example of why ICANN’s
flawed thinking on which the new RA is founded is so problematic. It’s
pretty obvious that IP interests outside of ICANN contracted parties were
much better served under the uniform standard pricing of ~$8 per
domain/year model together with the occasional use (or threat of use) of
the RPMs to manage the nuisances.

Until recently “premium names” only affected the ICANN new gTLD bubble and
the impacts were pretty much contained, however ICANN GDD is rolling out
the same flawed RA model to older more established gTLDs like .org and
.info. It is therefore possible the same (totally unnecessary) impacts will
increasingly affect a much larger group of rights holders over time.

This not only creates a framework disconnect between millions of premium
names being outside the reach of URS/UDRP as they are not registered and
people who have actually paid for names for genuine, non competing, non
infringing future projects. It also underscores the disconnect between
UDRP/URS & domestic judicial systems and the  injustice of subjecting those
same registrants to the risk of having to expend time and money defending
vexatious claims premised on an allegation of passive holding.

Yours sincerely,


Paul
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