[Gnso-newgtld-wg] String Contention Proposal

Wed Oct 23 00:26:40 UTC 2019

Thanks Kristine.  You refer to the purported problem as "* to Avoid
Speculation in TLDs."*

I don't know how we mean to define "speculation" and whether that is a bad
thing.  Until you define the thing it is you are trying to prevent, and why
it is such a bad thing that we should try to prevent it, it is impossible
to try to solve against it.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.law

On Tue, Oct 22, 2019 at 5:09 PM Dorrain, Kristine via Gnso-newgtld-wg <
gnso-newgtld-wg at icann.org> wrote:

> Hi Anne,
>
>
>
> Donna clarified, and I seconded (but only to the extent that we’re
> entertaining ideas ahead of Kurt, and Mike ,and others’, entirely
> reasonable request for more clarity around the problem we’re solving for
> because I agree we’re all guessing), the idea that the bidding plays no
> role until the applicants are ready for an auction of last resort.
>
>
>
> So, to my mind, it looks like this instead -
>
>
>
> *String Contention Proposal to Avoid Speculation in TLDs*
>
>
>
> 4 applications for .sam  string – contention set and parties not revealed
> on application date.
>
>
>
> Per Donna's suggestion, parties are all 4 notified of string contention
> and asked to submit sealed bids.  Sealed bids received.  (Some may drop
> out.)
>
>
>
> *Application 1 is a Community Application for .sam for the "Society for
> Aviation Maintenance".  All worldwide aviation maintenance unions back this
> application.  Public comment is sought.  At this point, the other
> applicants know there is a CPE application but their bids are already in.
> Should private resolution be permitted at this point or not? Only if all
> four parties agree, but it’s looking good for applicant 1, so they’ll
> probably stick it out and take their chances with evaluation.*
>
>
>
> A. CPE Pass leads to Appeal.  If sustained, Application 1 wins.  If
> overturned, move to highest bidder and seek public comment on that
> application.  (It's still possible for this application to be the highest
> bidder even if it fails CPE.)  *continue evaluating 3 non-Community
> applications.*
>
>
>
> B. CPE Fail leads to Appeal.  If overturned, Application 1 wins. If CPE
> Fail is sustained, move to highest bidder and seek public comment on that
> application. *continue evaluating 3 non-Community applications*
>
>
>
>
>
> *Application 2 for .sam Purpose: Dedicated to domains for those interested
> in the Samurai arts.*
>
>
>
> *Application 3 for .sam Purpose: Free speech on the pros and cons of Uncle
> Sam* (USG)
>
>
>
> *Application 4 for .sam Purpose: Retail sales (is Sam’s Club the
> applicant?).*  Assume CPE for Application 1 fails and that Application 4
> submitted the highest sealed bid.  Solicit public comment on Application 4
> and the Objection deadline is triggered. And that all other applications
> pass initial evaluation.
>
>
>
>   Sam's Club files Legal Rights Objection against the Application 4 winner
> .any or all of the other three applications until the appeals are
> concluded.
>
>
>
> A.LRO Success leads to Appeal.  If successful LRO upheld on appeal, move
> to the next highest bidder not withdrawn, solicit public comment, and
> trigger Objection deadline.  If LRO success is overturned, Application 4
> wins .sam.
>
>
>
> B. LRO Failure leads to Appeal.  If failed LRO upheld on appeal,
> Application 4 wins .sam.  If failed LRO is overturned, move to the next
> highest bidder not withdrawn, solicit public comment, and trigger Objection
> deadline.
>
>
>
> All surviving applicants have the opportunity to privately resolve their
> contention set.  If any applicant does not wish to privately resolve the
> contention set , then we move to the auction of last resort (or “instant
> resolution”).  ICANN opens the bids and awards the TLD to the highest
> bidding remaining application, who pays the amount bid by the remaining
> applicant  with the second highest bid.
>
>
>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Aikman-Scalese, Anne
> *Sent:* Tuesday, October 22, 2019 2:22 PM
> *To:* gnso-newgtld-wg at icann.org
> *Subject:* [Gnso-newgtld-wg] FW: String Contention Proposal
>
>
> ------------------------------
>
> Regarding Tuesday’s call (Monday night in the US), I am offering the
> following hypothetical based on Donna’s suggestion to collect sealed bids
> prior to a reveal of the contention set.
>
>
>
> *String Contention Proposal to Avoid Speculation in TLDs*
>
>
>
> 4 applications for .sam  string – contention set and parties not revealed
> on application date.
>
>
>
> Per Donna's suggestion, parties are all 4 notified of string contention
> and asked to submit sealed bids.  Sealed bids received.  (Some may drop
> out.)
>
>
>
> *Application 1 is a Community Application for .sam for the "Society for
> Aviation Maintenance".  All worldwide aviation maintenance unions back this
> application.  Public comment is sought.  At this point, the other
> applicants know there is a CPE application but their bids are already in.
> Should private resolution be permitted at this point or not?*
>
>
>
> A. CPE Pass leads to Appeal.  If sustained, Application 1 wins.  If
> overturned, move to highest bidder and seek public comment on that
> application.  (It's still possible for this application to be the highest
> bidder even if it fails CPE.)
>
>
>
> B. CPE Fail leads to Appeal.  If overturned, Application 1 wins. If CPE
> Fail is sustained, move to highest bidder and seek public comment on that
> application.
>
>
>
>
>
> *Application 2 for .sam Purpose: Dedicated to domains for those interested
> in the Samurai arts.*
>
>
>
> *Application 3 for .sam Purpose: Free speech on the pros and cons of Uncle
> Sam* (USG)
>
>
>
> *Application 4 for .sam Purpose: Retail sales.*  Assume CPE for
> Application 1 fails and that Application 4 submitted the highest sealed
> bid.  Solicit public comment on Application 4 and the Objection deadline is
> triggered.
>
>
>
>   Sam's Club files Legal Rights Objection against the Application 4 winner.
>
>
>
> A.LRO Success leads to Appeal.  If successful LRO upheld on appeal, move
> to the next highest bidder not withdrawn, solicit public comment, and
> trigger Objection deadline.  If LRO success is overturned, Application 4
> wins .sam.
>
>
>
> B. LRO Failure leads to Appeal.  If failed LRO upheld on appeal,
> Application 4 wins .sam.  If failed LRO is overturned, move to the next
> highest bidder not withdrawn, solicit public comment, and trigger Objection
> deadline.
>
>
> ------------------------------
>
>
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