[gnso-rpm-wg] URS / UDRP proposals -- data on registrar/registry compliance costs

Wed Sep 5 11:02:03 UTC 2018

Great, Susan. I wasn't attempting to enter into any "argument" with
you, but was simply explaining why the premise of your first email was
incorrect. The numbers (97 words and 99 words) speak for themselves,
and were far below the 250 word limit of each field.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/

On Wed, Sep 5, 2018 at 6:52 AM, Susan Payne <susan.payne at valideus.com> wrote:
> I can't be bothered to argue with you George
>
> Susan Payne
> Head of Legal Policy | Valideus Ltd
>
> E: susan.payne at valideus.com
>
> -----Original Message-----
> From: gnso-rpm-wg [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of George Kirikos
> Sent: 05 September 2018 11:39
> To: gnso-rpm-wg <gnso-rpm-wg at icann.org>
> Subject: Re: [gnso-rpm-wg] URS / UDRP proposals -- data on registrar/registry compliance costs
>
> Susan:
>
> I wasn't attempting to "circumvent" any word limits, nor was I even close to approaching the 250 word limit for any relevant fields in the URS proposals I submitted. I openly and transparently posted the data that I was relying on for my proposals on the mailing list, and opened them up for direct input by others who wanted to comment on them.
>
> Fields 5 and 6 of the URS / UDRP proposal that you link to cite the email at:
>
> https://mm.icann.org/pipermail/gnso-rpm-wg/2018-September/003256.html
>
> which reference data from Tucows and from GoDaddy. The quotes from Tucows and GoDaddy are obviously data elements, and would not reasonably count towards any 250 word limit. By my count, Field 5 itself had just 97 words, and Field 6 had 99 words. These were not submissions that suggest in any way that I was pressed up against word limits and was attempting to circumvent them. Indeed, I posted the data to the mailing list before I even started to fill out the relevant document, to make my submission.
>
> If every citation that was incorporated by reference had to incorporate the length of the actual cited data in the calculation of its length, then the Super Consolidated URS Table itself would be impermissible, given that it cites many documents and data sources that far exceed 250 words (e.g. the INTA "Study", Rebecca's spreadsheet, etc.).
>
> Sincerely,
>
> George Kirikos
> 416-588-0269
> http://www.leap.com/
>
>
> On Wed, Sep 5, 2018 at 5:25 AM, Susan Payne <susan.payne at valideus.com> wrote:
>> Perhaps the co-chairs could clarify how they plan to deal with a proposal which exceeds the 250-word limit in various of the fields by seeking to incorporate the content of a much longer email?
>>
>> https://community.icann.org/display/RARPMRIAGPWG/URS+Proposals?preview
>> =/93126760/93128452/URS-Proposal-04%20Sep%202018-1.pdf
>>
>> If we are all required to keep to the 250 word limit,  then we should all keep to it, not seek to circumvent it.
>>
>> Susan Payne
>> Head of Legal Policy | Valideus Ltd
>>
>> E: susan.payne at valideus.com
>> D: +44 20 7421 8255
>> T: +44 20 7421 8299
>> M: +44 7971 661175
>>
>> -----Original Message-----
>> From: gnso-rpm-wg [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of
>> George Kirikos
>> Sent: 04 September 2018 22:57
>> To: gnso-rpm-wg <gnso-rpm-wg at icann.org>
>> Subject: [gnso-rpm-wg] URS / UDRP proposals -- data on
>> registrar/registry compliance costs
>>
>> Hi folks,
>>
>> In support of an upcoming proposal regarding allowing cost recovery by registrars and registries of compliance costs associated with the handling of URS and UDRP disputes, I wanted to share the following data (which I will then reference in the actual proposal).
>>
>> (a) I reached out to Reg Levy of Tucows, Direct of Compliance for the world's 2nd largest registrar (and also a member of this PDP), regarding time spent handling UDRP and/or URS complaints and was told:
>>
>> "With regard to URS, that applies primarily to registries, so we don't
>> have any cost for for those. For UDRPs, I haven't done an analysis of
>> how long it would take one of my team members to process a UDRP
>> complaint; generally, it simply includes intake, locking the domain,
>> and then unlocking or forwarding the domain upon resolution. A normal
>> UDRP would likely take around 15 minutes but there are some tough ones
>> (I've spent more than an hour on a few with Paul talking through the
>> issues and figuring out how we will proceed) so I'd call it an average
>> of 30–35 minutes per claim." (she said I could share this response
>> with the PDP)
>>
>> (b) GoDaddy's registration agreement suggest that they'll charge an
>> administrative fee (albeit to the registrant) for such compliance
>> costs:
>>
>> https://ca.godaddy.com/legal-agreements
>>
>> "GoDaddy also reserves the right to charge you reasonable
>> “administrative” fees" for (i) tasks GoDaddy may perform outside the
>> normal scope of its Services, (ii) additional time and/or costs
>> GoDaddy may incur in providing its Services, and/or (iii) your
>> noncompliance with this Agreement (as determined by GoDaddy in its
>> sole and absolute discretion). Typical administrative or processing
>> fee scenarios include, but are not limited to (i) customer service
>> issues that require additional personal time or attention; (ii) UDRP
>> actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by GoDaddy staff or by outside firms retained by GoDaddy; (iii) recouping any and all costs and fees, including the cost of Services, incurred by GoDaddy as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with GoDaddy."
>>
>> and it has been $50 in the past:
>>
>> https://domaingang.com/domain-news/udrp-fee-reversed-godaddy-heres-don
>> e/
>>
>> (c) Some URS and UDRP disputes involve multiple domains, increasing the complexity and thus the cost of compliance for registrars/registries on a variable per-domain name level, e.g.
>>
>> http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-1661.html
>>
>> involved 1,542 domains, all of which need to be put on a legal hold/lock, checked to determine that they involve the same registrant, etc.
>>
>> (d) if any other registrars and registries wish to share data publicly on typical compliance costs (e.g. time per dispute, etc.), that would be wonderful.
>>
>> Sincerely,
>>
>> George Kirikos
>> 416-588-0269
>> http://www.leap.com/
>> _______________________________________________
>> gnso-rpm-wg mailing list
>> gnso-rpm-wg at icann.org
>> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
> _______________________________________________
> gnso-rpm-wg mailing list
> gnso-rpm-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg