Edmon and all, With all due respect and consideration, I, nor any of our members believe in "Sunrise Provisions" of any sort as they, no matter how well thought out, skew reality in the IT arena and there is not reasonable method that those that applied durring a "Sunrise process" have done so ligitimately. Ergo, first come, first serve is the only fair way of managing a TLD registry. I say this because for the past 8 to 9 years, Tradmark and copywrite laws, ACTA not extant, are nebulus and far from fully defined or tested vis a vi the Internet/DNS. However I do appriciate you well reasoned, yet flawed response. >:) Edmon Chung wrote:

Hi Jeffrey,

Would like to respond to your comments about DotAsia.

Myself and the team at DotAsia has been working very hard since its inception to facilitate a comprehensive Sunrise and Landrush process that balances the interests of the intellectual property rights community and the general public. The .ASIA Sunrise process was developed over multiple public drafts and our team proactively soliciting feedback and improvements from the community. DotAsia is one of the first gTLDs I believe to have publicly sought comments for its Sunrise processes.

As a result, we have received high acclaims for our Sunrise process, including the auction process for Landrush which is ongoing. To date, we have had no challenges or disputes for the .ASIA sunrise process, which is compared to hundreds and thousands of disputes experienced by other TLD launches.

For trademark Sunrise, each and every application is verified through one of our verification agents (Deloitte or AGIP) to ensure the integrity of the process. Our approach is to allow everyone to participate in the process fairly. Including parties that may be affiliated with us our our partners. Which is why the process was also designed to ensure that even affiliated parties would not gain any advantage over others.

Specifically regarding the allegations and accusations you can find our specific comments at: http://www.registry.asia/pressreleases/DotAsia-PR-2008-05-15.html. As a brief note, we have conflict of interest policies in place and our auction structure does not lend itself to favouring anyone. Because the end time extends automatically for 24 hours if a change of lead is experienced in the last 24hours of an auction, timing of bids will not provide any advantage as those trailing will have 24 hours to react. Therefore, unless a party is willing to outbid the others, no additional information can provide an edge.

Of course, we believe there is always room for improvement, and look forward to your constructive comments. However, I feel that it is important for my team that I point out our dedication and our achievements to date regarding the launch of .ASIA. Please let us know where we may have done not enough or should have developed our process better?

We set out to ensure a stable and orderly introduction of the .ASIA TLD into the social and technical fabric of the Internet. And from the results so far, I truly believe that it has been a success. I believe many others in the community share my view as well.

Edmon

PS. I am not sure how the allegations relate to "front-running". We are not aware of any of our registrars engaged in front-running. But if there is such an issue, we will continue to monitor and seek to address them.

...

...

From: Jeffrey A. Williams <jwkckid1@ix.netcom.com> Date: Fri, Jun 27, 2008 at 3:00 PM Subject: [ga] [Fwd: [governance] dot.ASIA Front-Running scheme claimed] To: ALAC <alac@atlarge-lists.icann.org>, ALAC NA Discuss <na-discuss@atlarge-lists.icann.org>, icann board <icann-board@icann.org>, DOC/NTIA ICANN Rep <aheineman@ntia.doc.gov> Cc: yehudakatz@mailinator.com, ICANN registry comments <registryservice@icann.org>, Ga <ga@gnso.icann.org>

Yehuda,

Done.

Dot.Asia has been a moderately too a very poorly manage registry sense it's very conception. It remains so. It comes as no surprise that others have finally taken note and interest in recognizing this more broadly recognized fact. It is rather amazing to me that ICANN has not yet redeligated this Registry to more a more appropriate party or parties. But this is partly due to ICANN itself having glaring and significant management and leadership deficiencies that have been shown time and time again.

-------- Original Message -------- Subject: [governance] dot.ASIA Front-Running scheme claimed Date: Fri, 27 Jun 2008 20:53:39 -0700 (PDT) From: "Yehuda Katz" <yehudakatz@mailinator.com> Reply-To: governance@lists.cpsr.org,"Yehuda Katz" <yehudakatz@mailinator.com> To: governance@lists.cpsr.org

All,

Please (cross-post) run this on the ALAC mail-list.

It looks like there is a 'Front-Running' scheme going on with the .ASIA Auctions

http://www.dotasia-complot.org/

http://www.dotasia-complot.org/cat30.html

The Guy (Thomas Rucker) is doing his homework, its worthy of a ALAC probe, that may flush out the bushes. ____________________________________________________________ You received this message as a subscriber on the list: governance@lists.cpsr.org To be removed from the list, send any message to: governance-unsubscribe@lists.cpsr.org

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Regards,

Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience 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] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827

_______________________________________________ Board mailing list Board@dotasia.org https://mailman.dotasia.org/mailman/listinfo/board

Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience 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] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827