RE: [ga] Why the .XXX Domain is a Bad Idea That Won't Die

["Roberto Gaetano" <roberto@xxxxxxxxx>]

Dominik:
> > And are you sure this couldn't have happened? Be sure that 
> things like
> > that would never be thrashing out during discussions or 
> meetings. One or
> > two years have already passed away and yet the tasting has not been
> > raised as an issue despite all that unceasing rush around.
> >
> > If I asked you what's happened on that recently at ICANN I 
> would bet you
> > have nothing to say. Wish I was completely wrong in the assumption.
> >
> > So, after collecting the significant facts, I would say 
> this potentially
> > good inspiracy theory could be pretty valid.

Interesting.

I see your point.
My assesment is different: nothing happened simply because there has been no
interest in letting anything happen neither from the registrars, because
they (some of them, at least) profit of the situation, nor from the
registries, that have learned how to live with that and did not want to
raise the issue formally. What is under discussion is precisely an element
of the Registry/Registrar agreements, and the Board has estimated
inappropriate to intervene in absence of a call by one of the two parties.
Only very recently PIR asked the Board the permission to apply a fee for
"excess registration", in an attempt to curb the phenomenon. At its meeting
on 2006-11-22, the Board, including the supposed conspirators from Google et
al., voted yes *unanimously* (minutes and voting record are public).
My personal opinion is that the grace period should be abolished, because we
do have evidence that it does not fulfill the role that it was initially
designed for. However, I believe that if the Board acted in absence of a
request from one of the two parties, and in absence of a policy advise from
the GNSO, it would establish a dangerous precedent of ingerence in the
market. Besides, I am sure that large part of the people who criticize now
the lack of action would criticise tomorrow a decision by the Board not
solicited by either party as proof of ICANN becoming a regulator.


Best regards,
Roberto