Re: [ga] The Future of Domain Registry Pricing, if left uncapped

["kidsearch" <kidsearch@xxxxxxxxxxxxx>]

I hate all caps. its like yelling, but as you point out, its my
misunderstanding here. I was not aware, actually didn't take the time to
become aware that you have no control over indivdual domain name pricing.

However, the contract statement is still correct. Contracts are meant to
spell out every option so there can be no misunderstanding later.
Hypothetical situations should be taken into account on any contract. As you
pointed out, the market might not stand for a price raise, "unless there was
a corresponding price raise in dot com". I'll add to that "or other new tlds
not yet created". If all of the registries raised their prices at the same
time, purely coincidence of course, there would never be collusion on that,
then the opportunity would arise.

There will come a time when there is no viable dot com to register. its
close to that now. At that point, due to ICANN not allowing more
commercially viable tlds, dot biz might become the hot property. I'm sure
you have had this thought. Its only smart business to have thought of that.
At that time your marketing approach could change and your prices could
soar. So the provision should be clarified in the contract, in my opinion.

I'm all for a business making money. I'm not saying you do not deserve to
make a profit here. If domain names were only sold in the US to US
businesses, I'd say let it be $100 per year per domain name. It would free
up a lot of domains being held by speculators and eliminating the grace
period would even kill the tasters. I'd pay $100 for any of my domain names.

However, there are people who cannot afford to do so, both in this country
and abroad. Any body such as ICANN, the GNSO, this list, or whoever has to
consider that fact and make contracts that guarantee people will always be
able to afford a domain name and have the same opportunity as anyone else on
the web.

Chris McElroy aka NameCritic
http://icann.thingsthatjustpissmeoff.com


----- Original Message ----- 
From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
To: "kidsearch" <kidsearch@xxxxxxxxxxxxx>; "George Kirikos"
<gkirikos@xxxxxxxxx>; <ga@xxxxxxxxxxxxxx>
Sent: Tuesday, August 08, 2006 3:29 PM
Subject: RE: [ga] The Future of Domain Registry Pricing, if left uncapped


Chris,

Please see my response in ALL CAPS below:



-----Original Message-----
From: kidsearch [mailto:kidsearch@xxxxxxxxxxxxx]
Sent: Tuesday, August 08, 2006 2:56 PM
To: Neuman, Jeff; George Kirikos; ga@xxxxxxxxxxxxxx
Subject: Re: [ga] The Future of Domain Registry Pricing, if left
uncapped

Okay, what is to stop you from adopting a method similar to dot tv?

 -- I DO NOT BELIEVE THAT WE WOULD BE ABLE TO INTRODUCE AN AUCTION MODEL
(LIKE WE BELIEVE .TV TO BE) WITHOUT SUBMITTING A FORMAL PROPOSAL TO THE
ICANN THROUGH ITS NEW REGISTRY SERVICES PROCESS. I AM NOT SURE WHY YOU
BELIEVE WE WOULD BE ABLE TO DO THAT UNDER THE PROPOSED AGREEMENT.

What about the ability to price hike existing clients who cannot afford
to
waste the marketing dollars, time, and effort it took to build traffic
to
the website so would have no choice but to pay up or get a new domain
name
elsewhere?

 -- AGAIN, I AM NOT SURE WHERE YOU GET THE PERCEPTION THAT WE ARE ABLE
TO CHARGE DIFFERENT PRICES FOR DIFFERENT DOMAIN NAMES.  THE NORMAL PRICE
FOR A RENEWAL OF A .BIZ DOMAIN NAME TO ONE REGISTRAR MUST BE THE SAME AS
THE PRICE FOR ANY OTHER REGISTRAR (REMEMBER, WE DO NOT CHARGE THE END
REGISTRANT...THAT IS DONE BY THE REGISTRARS).

I'm not saying you plan to do any of this, but contracts are not usually
written with a "trust us, we won't do you wrong" clause. Usually you do
take
the hypothetical into account with contracts. That is pretty much why
there
are contracts. So it is entirely appropriate to speculate what could
happen
if it is not clarified more.

-- WHAT LANGUAGE CAN YOU POINT TO IN THE PROPOSED AGREEMENT (WHEN
COMPARING IT TO THE EXISTING AGREEMENT) THAT WOULD ALLOW US TO DO THE
HYPOTHETICAL THINGS YOU BELIEVE WE ARE ABLE TO DO.  IN OTHER WORDS, JUST
BECAUSE THERE IS NO MAXIMUM PRICE STATED IN THE AGREEMENT, WHY DO YOU
BELIEVE WE ARE ENTITLED TO CHARGE A DIFFERENT WHOLESALE FEE FOR EACH
REGISTERED DOMAIN NAME?  THE LANGUAGE IN THE PROPOSED AGREEMENT IS
SIMILAR TO THE LANGUAGE IN THE CURRENT AGREEMENT WITH THE ONE EXCEPTION
OF THERE BEING NO MAXIMUM FEE.  AND IN RELATION TO THAT, WE ARE LIMITED
BY THE EXISTING MARKET CONDITIONS IN THE PRICES THAT WE CHARGE.


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