[Gnso-newgtld-wg] Auction of last resort and Private Resolutions

Mike Rodenbaugh mike at rodenbaugh.com
Mon Jun 29 16:26:27 UTC 2020


I am in favor of more or less the status quo.  I don't think any real
problem was proved in the last round, to support changing the rules this
time.  It is better (more efficient, fast and fair) for everyone to play by
the same rules we are accustomed to, rather than change them to benefit a
few, very vocal members of this WG.

[image: Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087


On Mon, Jun 29, 2020 at 9:07 AM Susan Payne <susan.payne at valideus.com>
wrote:

> Also dissenting Elaine, as were many on the calls we have had.
>
>
>
>
> *Susan Payne *Head of Legal Policy
> *Valideus*
> D: +44 (0) 20 7421 8255
> E: susan.payne at valideus.com
>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Rubens Kuhl
> *Sent:* 29 June 2020 16:22
> *To:* gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] Auction of last resort and Private
> Resolutions
>
>
>
> I agree with Paul's assessment on consensus level.
>
>
>
> Which I believe it's unfortunate, and I would personally prefer stronger
> limitations on private resolutions, such as only allowing two brand TLDs to
> form a joint-venture (or other legal mechanism).
>
>
>
>
>
> Rubens
>
>
>
>
>
>
>
> On 29 Jun 2020, at 12:03, McGrady, Paul D. <PMcGrady at taftlaw.com> wrote:
>
>
>
> There is no, and never has been, any consensus for banning private
> auctions.  As the last call made clear, there can be some guardrails around
> applications to make sure that they are not for the sole purpose of
> participating in private auctions and that the applicants have a bona fide
> interest in running the registry.
>
>
>
>
>
> As for tweaking the auction of last resort (via Vickery or otherwise) that
> really is a separate topic.  Happy to discuss on the call.
>
>
>
> Best,
>
> Paul
>
>
>
>
>
>
>
>
>
> To receive regular COVID-19 updates from Taft, subscribe here
> <https://www.taftlaw.com/general/subscribe>. For additional resources,
> visit Taft's COVID-19 Resource Toolkit
> <https://www.taftlaw.com/general/coronavirus-covid-19-resource-toolkit>.
>
> This message may contain information that is attorney-client privileged,
> attorney work product or otherwise confidential. If you are not an intended
> recipient, use and disclosure of this message are prohibited. If you
> received this transmission in error, please notify the sender by reply
> e-mail and delete the message and any attachments.
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf
> Of *Jim Prendergast
> *Sent:* Monday, June 29, 2020 9:01 AM
> *To:* Jean Guillon <jean at guillon.com>; Pruis, Elaine <epruis at verisign.com>
> *Cc:* gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] Auction of last resort and Private
> Resolutions
>
>
>
> After all is said and done - the Vickery auction is the most elegant
> solution.
>
>
>
> It results in far fewer required evaluations, allowing greater refunds to
> more applicants.  If you are the 3rd or lower bidder for a string, you
> don’t have to pay of a useless evaluation of an application that will not
> proceed.
>
> It eliminates possibility of collusion between applicants in contention
> sets and eliminates the concerns about what may or may not happen with JVs.
>
> Treats every TLD as its own asset and doesn’t provide any advantage to
> large portfolio applicants over single string applicants.
>
> It’s clean, fast and in almost every case, can be settled in weeks, not
> years.
>
>
>
> Are there corner cases that will require an adjustment for community and
> other one off scenarios with objections?  Yes – but for 95+% of applicants
> in a contention set, it just works.
>
>
>
> Unless of course you are in this process to make $$$ from losing auctions,
> whether to walk away or roll it into other auctions.  But making life
> easier or more efficient for those applicants is not the purpose of this
> program.
>
>
>
> Fair and transparent distribution of critical internet infrastructure is.
>
>
>
> We had really good discussions about this months ago, including a tweak
> from Donna on Vickery that seemed to have broad support, including from
> me.  I’m not sure how we are back at this again.
>
>
>
> Jim Prendergast
>
> The Galway Strategy Group
>
> +1 202-285-3699
>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf
> Of *Jean Guillon
> *Sent:* Sunday, June 28, 2020 4:30 PM
> *To:* Pruis, Elaine <epruis at verisign.com>
> *Cc:* gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] Auction of last resort and Private
> Resolutions
>
>
>
> I read things such as :"a “key person” whose expertise is desirable  and
> who serves on the Board or the Advisory Board at a certain consulting fee"
> and
>
> "the possibility of the “losing” applicant being required to pay a fee
> into an Applicant Support fund upon withdrawal of its application"
>
> These are good ideas but from an applicant perspective it complexifies
> greatly the application procedure.
>
>
>
> I don't think that applicants should have to deal with more complex (and
> costly) procedures that only Icann insiders are able to explain.
>
>
>
> The only thing missing in the next guidebook is a clear and simplified
> procedure for .BRANDs
>
>
>
> The next AGB should be more simple, not more complex.
>
>
>
> Jean Guillon
>
>
>
> Le dim. 28 juin 2020 à 20:47, Pruis, Elaine via Gnso-newgtld-wg <
> gnso-newgtld-wg at icann.org> a écrit :
>
> Hi,
>
> The “auction of last resort” in 2012 was aptly named. Private resolution
> was encouraged. ICANN auctions were the very last possible remedy for
> contention sets. So it’s not surprising that 90% of contention sets were
> resolved privately. That was intentional.
>
> Keeping the option for private resolutions is reasonable- it’s the gaming
> and buyouts we’ve been asked by the board to try to prevent.
>
> If we want to avoid any of it, let’s do the Vickrey auction - put in a
> sealed bid with your application. Parties can try to make whatever deals
> they want after the TLD is delegated.  This eliminates horse trading or
> gaming or disadvantaging single applicants by paying portfolio applicants
> to lose.
>
> Elaine
>
>
>
>
>
> On Jun 26, 2020, at 11:32 AM, Aikman-Scalese, Anne <AAikman at lrrc.com>
> wrote:
>
> 
>
> Dear WG Members,
>
> Re: private resolution of contention sets, I just wanted to mention again
> (as I did in chat on the last call) that apparently 90% of string
> contention sets were resolved before auction of last resort in the 2012
> round.  (My source for this is the CCWG Auction Proceeds group so let me
> know if you disagree on this statistic.)  This means private resolution is
> by far “the rule” in resolving string contention.
>
>
>
> It seems to me that promoting “joint ventures” of 2 or more applicants for
> the string will very easily result in “buy-outs” and “horse trading”.  An
> applicant who really wants to win will need only to structure a revised
> “change request” application in which (a) the other party becomes a “silent
> partner” or (b) is named a “key person” whose expertise is desirable  and
> who serves on the Board or the Advisory Board at a certain consulting fee.
> The “silent partner” and/or Advisory Board member agrees in exchange to
> withdraw the competing application.  We should be thinking of ways to
> address this.  I had suggested the possibility of the “losing” applicant
> being required to pay a fee into an Applicant Support fund upon withdrawal
> of its application if it (or one of its principals) participates in the
> so-called “joint venture” revised application.
>
>
>
> Separately, loose references to the organizational structure known as
> Joint Venture are probably ill-advised.  That form of corporate structure
> is rarely pursued in this day owing to the high degree of risk of liability
> taken on by each joint venturer for the acts or omissions of the other
> joint venturer(s).  Whatever we recommend as a matter of policy, it might
> be better to adopt some sort of neutral terminology such as “ revised
> business combination applicant” terminology.
>
> Anne
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 office
>
> 520.879.4725 fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> <image001.png>
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 2000
>
> Tucson, Arizona 85701-1611
>
> lrrc.com
>
> <image002.jpg>
>
> Because what matters
>
> to you, matters to us.™
>
>
>
>
>
>
> ------------------------------
>
>
> This message and any attachments are intended only for the use of the
> individual or entity to which they are addressed. If the reader of this
> message or an attachment is not the intended recipient or the employee or
> agent responsible for delivering the message or attachment to the intended
> recipient you are hereby notified that any dissemination, distribution or
> copying of this message or any attachment is strictly prohibited. If you
> have received this communication in error, please notify us immediately by
> replying to the sender. The information transmitted in this message and any
> attachments may be privileged, is intended only for the personal and
> confidential use of the intended recipients, and is covered by the
> Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
>
> https://secure-web.cisco.com/1PLoeviMseeYNBh9XxgE9I659c_9al5K4QT0JSeI1GFEIoNoBFG7ygIEgJe6NMf8sRKZ3AMFyzw1adwLD56SLaZ24o6xN2xeVGUHLlGN6qXTy1gThJLdKV4yb-oEIDmFCrnA-ueLGD-zaUAybzm5dEGpy-eYJsRcDGgc0_O5XkiDaq4jIo0iBSCg9iDRsgCtQHiwJM0QHq5yciZg6TKsFgro-jmhHFHv7Ey0TIz8_BhOoHXa4_zyQDdhFYJDUazSsktbIAW6G32DeQY0TWu27JA/https%3A%2F%2Fmm.icann.org%2Fmailman%2Flistinfo%2Fgnso-newgtld-wg
> _______________________________________________
> By submitting your personal data, you consent to the processing of your
> personal data for purposes of subscribing to this mailing list accordance
> with the ICANN Privacy Policy (
> https://secure-web.cisco.com/16wBjzudNDVS8MGemaPxIAYGAgxFlPbZx6Ukv68iHHYoDITyMHC6EZ0aM09vbBLw-elT4vK91ygPw-SzWSJRjBIgHIVdiu-EoJ4jYGRrR0Scm4w_oV63QAEMm4JeD68zTg-Fy5BSVn1y4U4u5VgY6Oe-T_O40X3u1EU5O2KeZa1sqUNe6hVm1MtWGUeh7hZmvr2GfKJqXzIa86T_7vaIm9T6rzX_8dcIBq45k_Kg04VO2Hr-Ed9oGcElD2UD_nHzL6oFfW2BggQ1KHKXuRgCwEw/https%3A%2F%2Fwww.icann.org%2Fprivacy%2Fpolicy)
> and the website Terms of Service (
> https://secure-web.cisco.com/17kdC1aiME966HuVyAwyy_Sj_c2T5hq_YAAh4caVFUATx2lzWzzuOwJZ-zvIPV9yZ3VCsHJ_9YAznzWaPxlKILe1o04SRiZlPm3ngrh8bj_dy8TAhSHgBBdj73TB7Lc93WVtplV3JlxZo1sjc3DqXn-Rnf2y2lMYIt8sU4E9s_UHGT9HOnILacvXq9khriV6PaUpkbH5p4fdf1TJndBvUHeecRgT9t7trqiqWX8mUJXvzsraQNbcjgYGFVGsZ_qs59si7jo--5IglQ2cPzzhj2g/https%3A%2F%2Fwww.icann.org%2Fprivacy%2Ftos).
> You can visit the Mailman link above to change your membership status or
> configuration, including unsubscribing, setting digest-style delivery or
> disabling delivery altogether (e.g., for a vacation), and so on.
>
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
> _______________________________________________
> By submitting your personal data, you consent to the processing of your
> personal data for purposes of subscribing to this mailing list accordance
> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and
> the website Terms of Service (https://www.icann.org/privacy/tos). You can
> visit the Mailman link above to change your membership status or
> configuration, including unsubscribing, setting digest-style delivery or
> disabling delivery altogether (e.g., for a vacation), and so on.
>
>
>
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
> _______________________________________________
> By submitting your personal data, you consent to the processing of your
> personal data for purposes of subscribing to this mailing list accordance
> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and
> the website Terms of Service (https://www.icann.org/privacy/tos). You can
> visit the Mailman link above to change your membership status or
> configuration, including unsubscribing, setting digest-style delivery or
> disabling delivery altogether (e.g., for a vacation), and so on.
>
>
> ------------------------------
> The contents of this email and any attachments are confidential to the
> intended recipient. They may not be disclosed, used by or copied in any way
> by anyone other than the intended recipient. If you have received this
> message in error, please return it to the sender (deleting the body of the
> email and attachments in your reply) and immediately and permanently delete
> it. Please note that the Com Laude Group does not accept any responsibility
> 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
> information see www.comlaude.com <https://comlaude.com>
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
> _______________________________________________
> By submitting your personal data, you consent to the processing of your
> personal data for purposes of subscribing to this mailing list accordance
> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and
> the website Terms of Service (https://www.icann.org/privacy/tos). You can
> visit the Mailman link above to change your membership status or
> configuration, including unsubscribing, setting digest-style delivery or
> disabling delivery altogether (e.g., for a vacation), and so on.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-newgtld-wg/attachments/20200629/02eccdb6/attachment-0001.html>


More information about the Gnso-newgtld-wg mailing list