[Gnso-newgtld-wg] What behaviors would we consider undesirable?

Thu Jan 16 21:10:05 UTC 2020

So if the application fee were to remain around the same as 2012, then do
you still see a problem?

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

On Thu, Jan 16, 2020 at 1:01 PM Alexander Schubert
<alexander at schubert.berlin> wrote:

> Hi All,
>
>
>
> The concern is NOT that some private auctions (or similar contention set
> resolutions involving payments) are “unfair” in and of itself.
>
>
>
> The concern is, that they invite speculative applications.
>
>
>
> Speculative applications are especially interesting, if the monetary risk
> per application is low. The combination of low application floor level AND
> high refunds is the fuel!
>
>
>
> If the floor is lowered to US $50k – at 85% refund a speculator has only a
> US $ 3,750 risk per application. THAT is the main problem.
>
>
>
> Thanks,
>
>
>
> Alexander
>
>
>
>
>
>
>
> *From:* Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] *On
> Behalf Of *Jeff Neuman
> *Sent:* Donnerstag, 16. Januar 2020 15:50
> *To:* Mike Rodenbaugh <mike at rodenbaugh.com>
> *Cc:* gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] What behaviors would we consider
> undesirable?
>
>
>
> Mike,
>
>
>
> Please see the ICANN Board’s response to our Supplemental Initial Report:
> https://www.icann.org/en/system/files/correspondence/chalaby-to-langdon-orr-neuman-18dec18-en.pdf
>
>
>
> “These concerns mostly center on the issues of auctions of last resort and
> on private auctions. We take special note of the possible practice of
> participating in private auctions for the sole purpose of being paid to
> drop out. We also take note of the abuse that becomes possible in
> alterations to the change request mechanisms. ● The Board has concerns
> about whether, and in what ways, the availability of private auctions
> incentivizes applications for purposes other than actually using the
> string; and we are interested in how these incentives for abuse might be
> minimized.”
>
>
>
> Hope that helps.
>
>
>
> *Jeff Neuman*
>
> Senior Vice President
>
> *Com Laude | Valideus*
>
> D: +1.703.635.7514
>
> E: *jeff.neuman at comlaude.com <jeff.neuman at comlaude.com>*
>
>
>
> *From:* Mike Rodenbaugh <mike at rodenbaugh.com>
> *Sent:* Thursday, January 16, 2020 3:43 PM
> *To:* Jeff Neuman <jeff.neuman at comlaude.com>
> *Cc:* gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] What behaviors would we consider
> undesirable?
>
>
>
> Jeff,
>
>
>
> Definitely a fundamental question, that was raised a long time ago and
> never answered.  Better late than never.
>
>
>
> But I want to understand this statement of yours better please:
>
>
>
> >>  We have also heard from the ICANN Board that they may believe that
> participating in private auctions with the sole purpose of losing and using
> those to fund other auctions may not be as desirable.
>
>
>
> Whe heard what from who, when and how, exactly?  Is that actually within
> any formal Board Resolution or other policy document?
>
>
>
> Thanks,
>
> Mike
>
>
>
> Mike Rodenbaugh
>
> RODENBAUGH LAW
>
> tel/fax:  +1.415.738.8087
>
> http://rodenbaugh.law
>
>
>
>
>
> On Thu, Jan 16, 2020 at 12:17 PM Jeff Neuman <jeff.neuman at comlaude.com>
> wrote:
>
> All,
>
>
>
> On the call early this morning (for some of us), while we were discussing
> the goals/objectives to consider when selecting a mechanism of last resort
> to resolve string contention, a very important question was asked by a
> participant on the call.  The question demonstrated that what one person
> believes is “Bad Faith” other people may not believe is “bad faith” with
> respect to mechanisms to resolve contention sets.
>
>
>
> So, with the e-mail chain, I would like for members of the Working Group
> to discuss what behaviors they would consider to be of the type that we
> would like to preclude?  And by the same token, what are the types of
> activities that we know we would like to allow.
>
>
>
> For example, we believe from most of the comments that have come in as
> well as in our discussions, that some forms of private resolution have been
> deemed acceptable.  This includes the creation of joint ventures between
> applicants (assuming public comment, etc.), potentially revising
> applications to address concerns (eg., trademark owner agrees to withdraw
> its application if other applicant agrees to mitigate trademark abuse), 2
> trademark owners agree to modify strings to enable both to have their own
> TLDs (eg., .deltafaucets or .deltaair)), etc.
>
>
>
> We have also heard from the ICANN Board that they may believe that
> participating in private auctions with the sole purpose of losing and using
> those to fund other auctions may not be as desirable.
>
>
>
> Though the next call with not be on this topic, we did want to put this
> issue out on e-mail.  Please discuss.
>
>
>
> Thanks.
>
>
>
>
>
>
>
> *Jeff Neuman*
>
> Senior Vice President
>
>
>
>
> *Com Laude | Valideus*1751 Pinnacle Drive
>
> Suite 600, McLean
>
> VA 22102, USA
>
>
> M: +1.202.549.5079
>
> D: +1.703.635.7514
>
> E: *jeff.neuman at comlaude.com <jeff.neuman at comlaude.com>*
> www.comlaude.com
>
>
>
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> for viruses and it is your responsibility to scan or otherwise check this
> email and any attachments. The Com Laude Group does not accept liability
> for statements which are clearly the sender's own and not made on behalf of
> the group or one of its member entities. The Com Laude Group includes
> Nom-IQ Limited t/a Com Laude, a company registered in England and Wales
> with company number 5047655 and registered office at 28-30 Little Russell
> Street, London, WC1A 2HN England; Valideus Limited, a company registered in
> England and Wales with company number 06181291 and registered office at
> 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a
> company registered in Scotland with company number SC197176, having its
> registered office at 33 Melville Street, Edinburgh, Lothian, EH3 7JF
> Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, headquartered
> at 1751 Pinnacle Drive, Suite 600, McLean, VA 22102, USA; Com Laude (Japan)
> Corporation, a company registered in Japan having its registered office at
> Suite 319,1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan. For further
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