[ga] First Thoughts on Draft .Net Registry Agreement

[Danny Younger <dannyyounger@xxxxxxxxx>]

Having read through the draft .net registry agreement, I have some concerns regarding the renewal provisions cited below.  The language seems to indicate that as long as the registry operator agrees to ICANN's provisions related to registry-level fees and other renewal terms, the registry operator can manage .net in perpetuity.  

This particular approach might well be considered as shortsighted in years to come... for instance, in the immediate future ICANN may select a for-profit entity to manage this namespace, yet in the long run perhaps a non-profit operator that distributes excess revenues to other institutions might be considered a more desirable choice.  We have recently noted the significant dispursement of funds to the IETF by way of the Public Interest Registry.  Future needs may require the consistent funding of other groups as well.  I'm not sure that it is wise to grant what amounts to a perpetual license to the next .net registry operator who may indeed operate solely on a for-profit basis.

 

Section 4.2 Renewal. This Agreement shall be renewed upon the expiration of the

initial term set forth in Section 4.1 above, and following any renewal term, unless: (i) an

arbitrator or court has determined that Registry Operator has been in fundamental and

material breach of Registry Operator?s obligations set forth in Sections 3.1(a), (b), (d) or

(e); Section 5.2 or Section 7.3 despite notice and an opportunity to cure in accordance

with Article VI hereof and (ii) following the decision of such arbitrator or court, Registry

Operator has failed to correct the conduct found to constitute such breach. Provided,

however, that Registry Operator agrees that any renewal of this Agreement is

conditioned on its negotiation of renewal terms acceptable to ICANN, including, but not

limited to, provisions relating to registry-level fees.


__________________________________________________
Do You Yahoo!?
Tired of spam?  Yahoo! Mail has the best spam protection around 
http://mail.yahoo.com