Re: [ga] [RAA]/Obligations?

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Dr. Dierker,

  Agreed.  And remember to put brackets around RAA in the
subject line next time, ok? I fixed it this time...

Hugh Dierker wrote:

>    I am just a plain old boy, or at least I try to be, and I like
> plain language and when I review a contract that has language
> regarding obligations of one party I take it seriously. The entire
> language under under this section looks like a cut and paste job
> agreed to by politicians. It is not even the result but rather what is
> shown to be the method of coming to this language.
>   I am quite confident that a group from here can do better.
>
>
>   In perusing the RAA I found the following disconcerting;
>
>   2. ICANN OBLIGATIONS.
>     2.1 Accreditation. During the Term of this Agreement, Registrar is
> hereby accredited by ICANN to act as a registrar (including to insert
> and renew registration of Registered Names in the Registry Database)
> for the TLD(s) that are the subject of appendices to this Agreement
> according to Subsection 5.5.
>   2.2 Registrar Use of ICANN Name and Website. ICANN hereby grants to
> Registrar a non-exclusive, worldwide, royalty-free license during the
> Term of this Agreement (a) to state that it is accredited by ICANN as
> a registrar for each TLD that is the subject of an appendix to this
> Agreement and (b) to link to pages and documents within the ICANN web
> site. No other use of ICANN's name or website is licensed hereby. This
> license may not be assigned or sublicensed by Registrar.
>   2.3 General Obligations of ICANN. With respect to all matters that
> impact the rights, obligations, or role of Registrar, ICANN shall
> during the Term of this Agreement:
>     2.3.1 exercise its responsibilities in an open and transparent
> manner;
>   2.3.2 not unreasonably restrain competition and, to the extent
> feasible, promote and encourage robust competition;
>   2.3.3 not apply standards, policies, procedures or practices
> arbitrarily, unjustifiably, or inequitably and not single out
> Registrar for disparate treatment unless justified by substantial and
> reasonable cause; and
>   2.3.4 ensure, through its reconsideration and independent review
> policies, adequate appeal procedures for Registrar, to the extent it
> is adversely affected by ICANN standards, policies, procedures or
> practices.
>
>
>

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

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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