[Gnso-newgtld-wg] Use Requirement for 2nd round new gTLDs

Fri Nov 22 20:52:50 UTC 2019

Marc,

So APPLE has no inherent right or need for .apple? Is it that what you are saying? They could apply for .appleinc for example, right?

Thanks,

Alexander

From: trachtenbergm at gtlaw.com [mailto:trachtenbergm at gtlaw.com] 
Sent: Freitag, 22. November 2019 15:10
To: alexander at schubert.berlin; gnso-newgtld-wg at icann.org
Subject: RE: [Gnso-newgtld-wg] Use Requirement for 2nd round new gTLDs

He should be able to wait as long as he wants or needs to.  What is the worst case scenario – there are only 999,998 TLDs instead of 1,000,000?  Again, there is no inherent right (or need) to have every possible combination of letters and numbers be a TLD and be able to register domains in it.

Marc H. Trachtenberg
Shareholder 
Greenberg Traurig, LLP | 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601
Tel 312.456.1020 

Mobile 773.677.3305

 <mailto:trac at gtlaw.com> trac at gtlaw.com |  <http://www.gtlaw.com/> www.gtlaw.com    

From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On Behalf Of Alexander Schubert
Sent: Friday, November 22, 2019 1:55 PM
To: gnso-newgtld-wg at icann.org <mailto:gnso-newgtld-wg at icann.org> 
Subject: Re: [Gnso-newgtld-wg] Use Requirement for 2nd round new gTLDs

*EXTERNAL TO GT*

Hi Rubens,

I understand you. But how long more do you want to wait? 10 years? 25 years? If you can’t launch the string: someone else might be able. Create a white label registrar for example. There are many countries that do NOT have ICANN registrars. Latvia for example. Does that mean there should never be a .riga?

Thanks,

Alexander

From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On Behalf Of Rubens Kuhl
Sent: Freitag, 22. November 2019 12:26
To: gnso-newgtld-wg at icann.org <mailto:gnso-newgtld-wg at icann.org> 
Subject: Re: [Gnso-newgtld-wg] Use Requirement for 2nd round new gTLDs

Alexander,

I happen to be from an organisation that applied to 2 gTLDs in 2012 and still have launched them. What I need to point out is that bring this requirement on registries would also need requirements on ICANN. 

At the time we applied, it was said that vertical integration would not require two different legal entities; this was added in an AGB version after applications have been submitted. 

At the time we applied, there was no indication that then current registrars with RAA 2009 wouldn't be able to sell 2012 gTLDs; when the RA was finalised, this suddenly appeared. And since we had only 2009 Registrars in our country, that meant no registrars. 

But as RAAs start expiring, we were hopeful that some registrars would become RAA 2013... what happened though is that all Brazilian registrars preferred dropping their accreditations instead of on boarding new, cumbersome requirements that were added to RAA mostly due to pressures from developed countries. 

So, ICANN Org failed us miserably in a lot of ways, and you are suggesting that even in that condition we would be obliged to launch expeditiously ? 

No, thanks. And if your intention is to widen the gap from "Global North" to "Global South", that's a sure way to do it. There is more to the world than Western Europe and North America. 

Rubens

Em 20 de nov de 2019, à(s) 13:49:000, Alexander Schubert <alexander at schubert.berlin <mailto:alexander at schubert.berlin> > escreveu:

Dear Jeff,

As discussed on the call yesterday here a brief suggestion regarding a “use requirement”. First a summary of my suggestion:

The new RA (Registry Agreement) should contain a clause that denies contract renewal if registries have not had a Sunrise registration phase (Spec-13 Brand Registries would be exempted from this clause).

Here my rationale for this:

Obviously the 2007 PDP demanded a use requirement. Hence currently registries face steep penalties for not contracting (application will be withdrawn) and not testing/entering the root (cancelation of the contract). 

Let’s be cognizant of the 3 gTLD categories that emerged in 2012:

1.      Spec 13 gTLDs (Brands)

2.      Geo gTLDs (mainly cities)

3.      All others 

We can’t always find “one size fits all” solutions – and claim that  in absence of a global solution we will not create ANY solution at all. That said: I can’t speak for the category 1. And as Martin Sutton said on the Monday GNSO call: if “use” was defined by “number of domains”: nothing more easy than registering a number of domains. So yes: for brand gTLDs it’s nifty to “define” a “use requirement” – maybe someone else can come up with a solution for Spec-13 registries.

BUT: For categories 2 and 3 I think the solution is simple! We already steeply penalize if the prospective registry doesn’t contract or engage in testing. There are grace periods to do so (I think 9 month). We could use the same grace period for “startup” – which is opening the string up for registrations in Sunrise!

At BARE minimum we should put into the new RA (Registry Agreement) that failure for categories 2 and 3 (non-Spec-13 registries) to startup (start sunrise) WILL be a reason to deny contract renewal! A DECADE of not starting up should be a clear sign of failure. 

This solution is NOT impacting Spec 13 applicants. We can discuss separately whether or not we wish to add a “use requirement” for them as well. This solution would also NOT impact 2012 round new gTLDs.

Thanks,

Alexander.berlin

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