Re: [ga] Comment Submitted on .biz, .info, and .org contracts

[Danny Younger <dannyyounger@xxxxxxxxx>]

Hello George,

There will be registrant abuse even with contracts. 

We have a Deletes Consensus Policy that is currently
being circumvented by almost every single registrar. 
Of what value then is a contract when it is not
enforced?  You know that ICANN has no compliance
program, has hired no compliance officers, and doesn't
intend to police 800+ registrars and hundreds of
registries.

Further, ICANN doesn't give a damn about the
registrants, and the contracts don't serve to protect
the registrants -- perhaps you remember this clause: 
"No Third-Party Beneficiaries. This Agreement shall
not be construed to create any obligation by either
ICANN or Registry Operator to any non-party to this
Agreement, including any registrar or Registered Name
holder."

In the long run, I would rather place my trust in free
market forces than in ICANN to protect the registrant
interest.



--- George Kirikos <gkirikos@xxxxxxxxx> wrote:

> Hello,
> 
> I'm not sure if your post was meant to be amusing or
> something, but
> let's assume you were being serious:
> 
> 
> --- Danny Younger <dannyyounger@xxxxxxxxx> wrote:
> > Accordingly, the exact same contract that cements
> the
> > bond between ICANN and the gTLD operators of .edu,
> > .gov, .int and .mil should be offered to the
> > organizations sponsoring .biz, .info and .org.
> 
> Those are restricted TLDs, essentially owned by
> their operators. While
> one can see the financial benefit to the registry
> operator of "owning"
> .biz, .info and .org, as gTLDs that are open to the
> broad public, they
> simply can not be trusted to operate without
> controls.
>  
> > A respected coordinator of the Internet's domain
> name
> > system would not require a series of contracts. 
> Only
> > heavy-handed managers require contracts, and no
> one
> > has expressed the desire for a heavy-handed ICANN.
> 
> > The community will accept a Coordinator...
> anything
> > beyond that is a load that we will not willingly
> bear.
> 
> If the operators of .biz were free to charge what
> the market would bear
> for sex.biz or sex.info or sex.org, or other more
> valuable domains, via
> the price discrimination mechanism I described in my
> initial post
> (where the registry can set a different price for
> every domain, to
> maximize its profits, like .tv), that's a direct
> expropriation of
> wealth and value from registrants that is
> transferred to registries.
> That's unacceptable -- creation of more abusive
> monopolies is not what
> ICANN should be encouraging. Contracts are needed to
> explicitly prevent
> these abuses of registrants.
> 
> Sincerely,
> 
> George Kirikos
> http://www.kirikos.com/
> 


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