[governance] Reminder: The Big Reveal is in One Hour

[Lee W McKnight]

Milton is - mainly -correct:

The opposite view mistakenly assumes that a domain name registration has intrinsic value based on the meaning of the label
(it doesn't, as a bunch of investors are about to find out).

My comment: There's firms registering for defensive purposes, who feel a particular character string as gtld is better for them to have than anyone else.
Those folks are subsidizing ICANN ad infinitum; so they can cross-subsidize the rest of us. No problem ; ) And also no problem for example for Apple, as one might surmise that management feels .apple has intrinsic value to Apple.

Then there's the entrepreneurs and speculators, hoping to building a business around a character string. That's kind of like playing the lottery, with the odds being quite high there are more losers than winners, as Milton points out.  Which is another cross-subsidy for the rest of us, assuming cough cough that ICANN stays the same lean hyperefficient org it is and does not squander the new registration $ received. Even if we assume the fees are set at the current marginal cost for managing the process now, as ICANN learns more its average cost per gtld should go down.

What's not to like for the average user?   Personally, I .love it.

Lee

________________________________
From: governance-request at lists.igcaucus.org [governance-request at lists.igcaucus.org] on behalf of Milton L Mueller [mueller at syr.edu]
Sent: Thursday, June 14, 2012 12:32 PM
To: 'governance at lists.igcaucus.org'; 'parminder'
Subject: RE: [governance] Reminder: The Big Reveal is in One Hour



>From those who know better, I will like to know whether the present new set of new tlds is of unrestricted gtlds like .com etc, which I understand should be open for anyone to register a web space under, and no discrimination can be made (other then clear criteria of trademark etc) or are they all private tlds that the owner can decide to do whatever about. If the latter, such wholesale privatisation of language that CW speaks about is an extremely serious issue.

No it isn't.

First of all, there is no privatization of "language." There is an exclusive registration of a domain name identifier at the top level. IGP has registered "internetgovernance" under .org, that does not permit us to prevent anyone from uttering those words, or from registering them in another context (e.g., under another TLD or as a TLD or as a company name or as part of their organization name, etc.)
Or to make it a bit more pointed, your registration of ITforchange under the .net domain is not different in status and exclusivity than if someone registered ITforchange as a TLD. Youre registration of that domain doesn’t prevent anyone from using that language anywhere else. But it does give you an exclusive assignment in the .net domain, because that is how DNS works. Each string much be uniquely assigned.

Whether registrants of these names operate as an open domain or not is simply a business model choice, which ICANN wisely refrained from trying to dictate.

In fact, the view that you and Wilkinson are putting forward is the most restrictive and inimical to freedom of expression, because it assumes that some central authority has to decide who has the exclusive right to determine how particular names can be used in the DNS. This is the reason it has taken nearly 15 years to make the simple decision to add new TLDs to the Internet. Everyone assumes that we must determine who has the God-given right to claim a certain character string, when the simple fact is that millions of people have the same right to claim it, and it is simply a matter of who gets there first or who values it the most. Barring trademark violations, which involves infringing uses and not simple registration, anyone should be able to register anything.

The opposite view mistakenly assumes that a domain name registration has intrinsic value based on the meaning of the label
(it doesn't, as a bunch of investors are about to find out).

No one can be given a gtld with a word/name for private use unless one at least has an international trademark right to that word/name

Factually and legally wrong.
Someone can be and will be assigned .music, for example.
No one should be able to trademark that term as a generic, blanket exclusivity of course.
Even Apple Computer's strong trademark doesn’t prevent someone else from registering .apple if they are willing to enter into an expensive bidding war and don't use it in a way that runs afoul of trademark law.

Even while allocating generic tlds open for anyone to register, competition policy may require to exclude such companies that have clear vested interest in that particular bit of digital real estate (and thus are more likely to indulgence in anti-competitive activities)

Not unless there is market power and no competitive alternatives.
When WILL you learn the basics of competition law/policy?

The present list of applicants mostly consists of companies seeking gtlds with names that clearly denote their core areas of business. Doesnt look like promoting a competitive domain name space

I would like to see an articulation of what you mean by a competitive domain name space.

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