One thing I wish Evan had addressed is the issue of singular and extended agreements in Registry Agreements (RAs), particularly those that are Registry Voluntary Commitments (RVCs).
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I'll say it again: The RVCs and any other additions to the base RA, without a commitment to enforcement, are not worth a bucket of warm spit. They were never meant to be taken seriously because there has never been, and never will be, any appetite for ICANN to act as a regulator.