[governance] Is ICANN "engaged in commerce" ?

[Mawaki Chango]

Certianly, certainly! But what would you say to those who argue
that ICANN had no choice getting into those non-technical issues
for at least a somehow practical reason: avoid lawsuits and the
bankruptcy that might ensue?

Mawaki   


--- Karl Auerbach <karl at cavebear.com> wrote:

> Bertrand de La Chapelle wrote:
> 
> > This unequivocally underscores the public interest nature
> and purpose of 
> > ICANN. ICANN is not "engaged in commerce" but is a structure
> set up to 
> > serve the global public interest. Too many people seem to
> forget it.
> 
> Despite ICANN's statement to the contrary, ICANN is most
> certainly 
> engaged in commerce of the worst sort, and to my mind, a most
> improper, 
> sort.
> 
> ICANN can say many things.  Words are cheap.  But what ICANN
> does belies 
> and supersedes what it says.
> 
> ICANN stands astride the marketplace of domain names.  ICANN
> engages in 
> social, economic, and economic planning, largely on behalf of
> two 
> incumbent groups - the intellectual property aggregation (as
> opposed to 
> the intellectual property creation) industry and the DNS
> registry 
> industry.  There is very little "public interest" or "public
> benefit" in 
> that process.
> 
> What is commerce?  It is the ebb and flow of goods and
> services, vendors 
> and consumers, innovators and builders.  ICANN not only swims
> in the 
> waters of commerce; ICANN intends to affect, and does effect,
> the 
> streams of commerce.  What are those trademarks that ICANN
> tries so hard 
> to protect but the marks used to identify and distinguish the
> goods and 
> services flowing in the channels of commerce?  And what are
> the registry 
> fees except the prices that are paid by one group in commerce
> to another 
> group engaged in commerce?
> 
> Indeed, virtually everything ICANN does is in commerce.  ICANN
> does not 
> so much engage in commerce as it attempts to regulate it. 
> Indeed, it is 
> fair to describe ICANN as a combination of incumbent economic
> interests 
> that seeks to restrain the trade in domain name products and
> services.
> 
> Which is sad because ICANN has left undone exactly those
> things it was 
> created to do.
> 
> ICANN was created to deal with some very limited technical
> issues. 
> ICANN has not handled even one of those issues.  Consequently
> the same 
> risks of internet instability that ICANN was intended to cure
> remain. 
> Internet users and internet providers, people and businesses,
> are at 
> risk of internet instability because ICANN has abandoned its
> post.
> 
> The internet community needed ICANN to be a fireman to protect
> against 
> DNS fires.  Instead, ICANN has abandoned the firehouse and
> moved uptown.
> 
> 		--karl--
> 
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