Re: [ga] FW: Fee for disproportionate deletes in proposed .biz contract

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Chris and and all former DNSO GA members or other interested stakeholders/users,

  We/you are not ever likely to get a definitive answer/definition for
"disproportionate deletes" from ICANN or the GNSO.  But let's
be honest, such a definitive answer/definition is nearly impossible
to define in the context of a legal contract.  Ergo, what you/we
can reasonably expect is that the GNSO/ICANN will leave what
is "disproportionate deletes" to the registry as such a definitive definition
for "disproportionate deletes" will be a subjective decision by said
registry and/or registries and any proposed registry contract will
have language reflecting or stating same.


kidsearch wrote:

> still doesn't define " disproportionate deletes' or why there is any need at
> all for a grace period that can be abused and is obviously being abused ata
> much higher rate than it is benefitting users.
>
> ----- Original Message -----
> From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
> To: <ga@xxxxxxxxxxxxxx>
> Sent: Wednesday, August 02, 2006 4:01 PM
> Subject: [ga] FW: Fee for disproportionate deletes in proposed .biz contract
>
> > FYI, this was not previously posted to the list although Danny
> > referenced it in a previous post.
> >
> >
> >
> > -----Original Message-----
> > From: Neuman, Jeff
> > Sent: Wednesday, August 02, 2006 11:34 AM
> > To: 'Danny Younger'
> > Cc: jnevett@xxxxxxxxxxxxxxxxxxxx; ga@xxxxxxxxxxxxxx; vint@xxxxxxxxxx;
> > Neuman, Jeff; 'John Jeffrey'
> > Subject: RE: Fee for disproportionate deletes in proposed .biz contract
> >
> > Danny,
> >
> > I appreciate your question, but you may be making assumptions at this
> > point that are not based in fact.  There is a reference to
> > disproportionate deletes in both our Functional Specs (Appendix 7) and
> > in the Registry Registrar Agreement (Appendix 8)
> > (http://www.icann.org/tlds/agreements/biz/registry-agmt-app-28jul06.pdf)
> > , but there is no intent to charge any fees without going through
> > ICANN's new process for registry services.
> >
> > In addition, I will note for the record, that this provision appears in
> > the already executed .net agreement and the ICANN-approved .com
> > agreement. More specifically, they state:
> >
> > "Delete. If a domain is deleted within the Add Grace Period, the
> > sponsoring Registrar at the time of the deletion is credited for the
> > amount of the registration; provided, however, that Registry Operator
> > shall have the right to charge Registrars a fee as set forth in its
> > Registry-Registrar Agreement for disproportionate deletes during the Add
> > Grace Period."  http://www.icann.org/tlds/agreements/net/appendix7.html
> > and
> > http://www.icann.org/topics/vrsn-settlement/revised-appendix7-clean-29ja
> > n06.pdf
> >
> > Hope that help explain things.  Feel free to let me know if you have any
> > other questions.
> >
> >
> >
> > Jeffrey J. Neuman, Esq.
> > Sr. Director, Law, Advanced Services  & Business Development
> >
> > NeuStar, Inc.
> >
> >
> > -----Original Message-----
> > From: Danny Younger [mailto:dannyyounger@xxxxxxxxx]
> > Sent: Wednesday, August 02, 2006 11:08 AM
> > To: Neuman, Jeff
> > Cc: jnevett@xxxxxxxxxxxxxxxxxxxx; ga@xxxxxxxxxxxxxx; vint@xxxxxxxxxx
> > Subject: Fee for disproportionate deletes in proposed .biz contract
> >
> > Dear Jeff,
> >
> > The proposed .biz contract includes on page 80 the
> > following statement:  "Fee for disproportionate
> > deletes during Add Grace Period."
> >
> > The amount of the fee is not stated nor is there a
> > definition provided of that which constitutes
> > "disproportionate".  Can we talk about this?
> >
> > While I appreciate the proactive measures that you are
> > taking to deal with the "domain tasting" epidemic, I
> > remain of the belief that domain name policy issues
> > are best dealt with on the basis of a community
> > consensus-development process so that potentially
> > impacted parties may protect their right to a fair
> > hearing.  By enacting fees for disproportionate
> > deletes you will be impacting certain businesses and
> > registrars that have engaged in the domain tasting
> > practice.  While I abhor this particular practice, I
> > am of the view that the rights of these parties must
> > nonetheless be respected.
> >
> > I would appreciate your thoughts on the matter.
> >
> > Best regards,
> > Danny Younger
> >
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> >
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> >

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obediance of the law is the greatest freedom" -
   Abraham Lincoln

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very often the accident of glory" - Theodore Roosevelt

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