[governance] implications of private TLDs

Riaz K Tayob riaz.tayob at gmail.com
Wed Sep 26 09:59:38 EDT 2012


On 2012/09/26 04:54 AM, Anupam Agrawal wrote:
> Hi Parminder
>
> I read your article. my observations:
>
> 1.The scare quotient is quite high and for a moment if i agree with 
> what have you said then the road ahead is missing. If the purpose of 
> the article was to scare only, then it's fine.

This simplifies matters. With trends in trademark law (colours, smells 
and even tastes on the wishlist) and the conflation with web addresses 
is perhaps worth being concerned about as it may affect future use 
possibilities. Even trade mark law has categories for use of names in 
particular sectors like George's steel and George's coffee... how are 
these conflicts to be handled if they arise GIVEN the (intended) 
trajectory and conflation? Is "private" rule making what is in the 
offing? If so (as it seems) then what implications does this have, are 
these even being considered?

> 2. Every business in the world lands itself into a monopolistic 
> situation if they have taken the lead into it.  Going by that even the 
> first printing press would have been in similar situation for some 
> time. That's the motivation for any organisation to invest in 
> innovation knowing that competition will catch up. Monopolistic scare 
> is fine but I have not seen private sector monopoly lasting long 
> enough. (State monopoly lasts longer but recent trends are also 
> examples that they are not for ever).

I think that pure cases of monopoly (as is indicated in the award 
process of gTLDs and downstream regulation - or lack thereof) are a 
major concern. However the concerns need to be extended to oligopoly as 
well - which is a more prevalent form of dominant position than monopoly 
- which is capable of falling short of anti-trust provisions (like 
IBMMicrosoft "helping" keep Apple afloat so as to keep focus away from 
their dominance) thereby delivering the benefits of oligopoly 
(supernormal profits for R&D, investors, reinvestment, etc) as well 
obviating the need for anti-trust enforcement (Consumers may suffer)...

>
>
> Regards
> Anupam Agrawal
>
> On 25-Sep-2012, at 4:24 PM, "Louis Pouzin (well)" <pouzin at well.com 
> <mailto:pouzin at well.com>> wrote:
>
>> Dear Parminder,
>>
>> I know, and I like your 1-2-3 points. They are both compact and well 
>> stated. Easily quotable.
>>
>> Congrats for your op-ed in The Hindu.
>>
>> Cheers, Louis.
>> - - -
>>
>> On Tue, Sep 25, 2012 at 12:30 PM, parminder 
>> <parminder at itforchange.net <mailto:parminder at itforchange.net>> wrote:
>>
>>
>>     Dear Louis,
>>
>>     Whether unfortunate or not, English is a major language in
>>     India... India may therefore be quite interested to prevent
>>     privatisation of English language words which then will be used
>>     as carriers of corporate painted culture into India......
>>
>>     In the new times, the principal means of global domination -
>>     economic, social and cultural, is threefold
>>
>>     (1) Exporting culture, (2) (and then) seeking rent over using
>>     alien culture, (3) controlling the digital socio-technical
>>     infrastructure (Internet) as the means of both for exporting
>>     culture and extracting rent, and also as lever of coercive force
>>     employed across the world (as done by US-Microsoft recently in
>>     the 3322.org <http://3322.org> DNS takeover case)
>>
>>     Therefore private TLD are a part of a much larger problem.
>>
>>     parminder
>>
>>
>>
>>     On Tuesday 25 September 2012 03:48 PM, Louis Pouzin (well) wrote:
>>>     On Tue, Sep 25, 2012 at 11:41 AM, parminder
>>>     <parminder at itforchange.net <mailto:parminder at itforchange.net>>
>>>     wrote:
>>>
>>>
>>>         Today 'The Hindu' carried its own editorial on this issue,
>>>         simply titled 'No, ICANN'....
>>>
>>>          parminder
>>>
>>>         http://www.thehindu.com/opinion/editorial/no-icann/article3932668.ece
>>>
>>>
>>>     - - -
>>>
>>>     India's interest for new TLDs is indeed relatively minor, with
>>>     regard to her population. Only 21 requests. Some strings tend to
>>>     be quite generic: IDN, INDIANS, STAR, STATEBANK. How they will
>>>     fare in the ICANN screening process, who knows ?
>>>
>>>     IDN is doomed, as it's Indonesia's code in ISO 3166-1 alpha-3.
>>>
>>>     Good luck. Louis.
>>>
>>
>>
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