[Gnso-newgtld-wg] String Contention Proposal

Mike Rodenbaugh mike at rodenbaugh.com
Wed Oct 23 20:58:20 UTC 2019


There cannot be a 'winner' if there is still unlimited potential for anyone
to object on any basis.  That probably would be unreasonable to take on
such risk.  But if objections at least had to be lodged in some form, even
if not fully briefed with evidence, then at least everyone could make some
risk assessment in resolving the contention set.  I think that would
encourage lots of silly lodged objections though.  And I am still not
convinced this is a big enough problem warranting such a substantial change
to the previously agreed, dseigned and implemented, and highly complicated
and integrated processes to resolve contention and objections in a timely
and reasonably foreseeable manner.

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


On Wed, Oct 23, 2019 at 1:34 PM Aikman-Scalese, Anne <AAikman at lrrc.com>
wrote:

> Whatever else you might want to say, it seems to me ridiculously wasteful
> to trigger Objection filing deadlines on all applicants in a string
> contention set when only one (or a combination if a JV is formed via
> private resolution) is going to win out.  Objection filing deadlines should
> not be triggered until the winner is clear.  Then other applicants can stay
> in line if they want to wait out the Objection process – but apparently
> only if that privilege is agreed via private resolution?
>
>
>
> *From:* Dorrain, Kristine <dorraink at amazon.com>
> *Sent:* Tuesday, October 22, 2019 5:33 PM
> *To:* Mike Rodenbaugh <mike at rodenbaugh.com>
> *Cc:* Aikman-Scalese, Anne <AAikman at lrrc.com>; gnso-newgtld-wg at icann.org
> *Subject:* RE: [Gnso-newgtld-wg] String Contention Proposal
>
>
>
> *[EXTERNAL]*
> ------------------------------
>
> Sorry, my text was in red after my intro “Donna clarified” sentence.  I
> do NOT believe “speculation in TLDs” is either defined or a problem to be
> prevented.  I should have noted.  My edits in RED.
>
> (Also, I think I was capturing Donna’s points, but invite correction if I
> got it wrong.)
>
> Kristine
>
>
>
> *From:* Mike Rodenbaugh <mike at rodenbaugh.com>
> *Sent:* Tuesday, October 22, 2019 5:27 PM
> *To:* Dorrain, Kristine <dorraink at amazon.com>
> *Cc:* Aikman-Scalese, Anne <AAikman at lrrc.com>; gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] String Contention Proposal
>
>
>
> 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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