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

Jeff Neuman jeff.neuman at comlaude.com
Thu Jan 16 21:11:36 UTC 2020


Alexander,

I am trying to follow your concern here.  Refunds were available according to the following schedule from Section 1.5.1 of the Guidebook.


  *   80% refund if within 21 days of an Early Warning
  *   70% after posting of all applications until posting of Initial Evaluation Results
  *   35% after Initial Results have been posted
  *   20% after applicant has completed Dispute Resolution, Extended Evaluation or String Contention Resolution
  *   None after you have entered into a registry agreement.

Your concern is someone applying to see if there are other applicants and withdrawing when they find out there are others?


Jeff Neuman
Senior Vice President
Com Laude | Valideus
D: +1.703.635.7514
E: jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>

From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> On Behalf Of Alexander Schubert
Sent: Thursday, January 16, 2020 4:01 PM
To: gnso-newgtld-wg at icann.org
Subject: Re: [Gnso-newgtld-wg] What behaviors would we consider undesirable?

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<mailto:mike at rodenbaugh.com>>
Cc: gnso-newgtld-wg at icann.org<mailto: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<mailto:jeff.neuman at comlaude.com>

From: Mike Rodenbaugh <mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>>
Sent: Thursday, January 16, 2020 3:43 PM
To: Jeff Neuman <jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>>
Cc: gnso-newgtld-wg at icann.org<mailto: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<mailto: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<mailto:jeff.neuman at comlaude.com>
www.comlaude.com<http://www.comlaude.com/>

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