Another part of our discussion on this issue in the first Round (for better formatting, please read it from the link) Letter to Fadi, Steve, Akram, Alain and Heather Dryden, September 24, 2012 https://www.icann.org/en/system/files/correspondence/neylon-et-al-to-chehade... The rapid growth and adoption of the Internet over the past two decades hastransformed the lives of billions of people, and reinvented communication, commerce, and society. Countless economic and cultural barriers have been eliminated as a direct result of the freedom of choice and openness made possible by the Internet. Notably, the stated goals underlying ICANN’s current efforts to expand the Domain Name System (DNS) by adding new generic Top-Level Domains (gTLDs) are to “increase competition and choice.” We, the undersigned individuals and organizations, support those goals wholeheartedly and without reservation. However, we are concerned that some pending gTLD applications seek to be operated in a “closed” manner in reliance upon Section 6 of Specification 1 (“Registry Operator Code of Conduct”) in Module 5 (“Base New gTLD Agreement”) of the Applicant Guidebook, which provides: /Registry Operator may request an exemption to this Code of Conduct, and such// //exemption may be granted by ICANN in ICANN's reasonable discretion, if Registry Operator demonstrates to ICANN's reas// //onable satisfaction that (i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, (ii) Registry Operator does not sell,// //distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator, and (iii) application of this Code// //of Conduct to the TLD is not necessary to protect the public interest.// / Based on our collective industry experience, we are of the opinion that the underlying intention of Section 6 was to allow for the operation of closed gTLDs only under very defined circumstances. Specifically, that closed gTLDs should be reserved for only those strings in which the applicant possesses established (i.e., legally recognized) intellectual property rights, basically brand names. We believe that this interpretation of Section 6 is inherently logical especially in view of the discussions that preceded the opening of gTLDs--which focused, in very large part, on expanding choices and opportunities as well as promoting innovation, for Internet consumers worldwide. Further, generic words used in a generic way belong to all people. It is inherently in the public interest to allow access to generic new gTLDs to the whole of the Internet Community, e.g., .BLOG, .MUSIC, .CLOUD. Allowing everyone to register and use second level domain names of these powerful, generic TLDs is exactly what we envisioned the New gTLD Program would do. In contrast, to allow individual Registry Operators to segregate and close-off common words for which they do not possess intellectual property rights in effect allows them to circumvent nation-states’ entrenched legal processes for obtaining legitimate and recognized trademark protections. Accordingly, we respectfully request that ICANN clarify the circumstances under which the Section 6 exemption shall apply, and if necessary, allow applicants to amend their applications to comply with such clarification. As an alternative, the Applicant could demonstrate that they have internationally established and exclusive rights to the string in question, and that it is not a generic term. Our goal, as always, is to foster consumer choice and nurture a free and open Internet. With sincere thanks for your consideration, Michele Neylon, Blacknight Scott Pinzon, former Director of Marketing and Outreach, ICANN Luc Seufer, EuroDNS Francesco Cetraro Nigel Roberts Chris Kurk, DomainPeople Inc Chris Pelling, Netearth One Inc Michael Shohat, Conon AG Paul Andersen, Arctic Names Frédéric Guillemaut, MailClub.fr Robert Birkner, 1API GmbH Kelly Hardy, Kelly Hardy Consulting Gerardo Aristizabal, Cci reg s.a. Benny Samuelsen, Nordreg AB Colin McDermott, Banc Media Tom Gilles, newgtldsite.com On 4/13/2017 11:23 AM, Kathy Kleiman wrote:
Hi All,
I'm a new member to this list, but there is a lot of material about the harms and concerns behind Closed Generics. In preparation for the meeting later today, I'll post some of it. I'm copying Michele Neylon, who was a leader in sharing concerns about Closed Generics with the ICANN Community in 2013.
I don't think there is the time to prepare a robust debate for today, but hopefully at your next meeting, you might invite some of the names (people & their organizations) that you see in these materials into the discussion. There are also Community Objections on this issue that you might want to evaluate.
Best regards, Kathy (Kleiman)
-----------------------------------------------------------------
https://forum.icann.org/lists/comments-closed-generic-05feb13/msg00174.html
Dear Sir / Madam
I am submitting these comments on behalf of Blacknight, Ireland's only ICANN accredited registrar.
They do not reflect the formal views of any stakeholder group, but those of our company.
We are on the record with respect to our views on this issue, having spoken during the public forum at ICANN Toronto (http://toronto45.icann.org/node/34215) and having sent several letters to ICANN's board, which were co-signed by a broad cross-section of the ICANN Community:
http://newgtlds.icann.org/en/program-status/correspondence/neylon-et-al-to-c...
http://newgtlds.icann.org/en/program-status/correspondence/neylon-et-al-to-c...
Rather than rehash our previous arguments I would prefer to simply state that they are unchanged.
I've summarised some of the issues we see with them here:
http://www.internetnews.me/2013/02/23/5-reasons-why-closed-generic-new-gtlds...
It is also worth noting that our views are shared by some very large brands who have taken the time to submit very rational comments on this topic.
But more importantly both consumer and trade organisations representing large numbers of internet users and businesses have too.
Regards
Michele
Mr Michele Neylon Blacknight Solutions ♞ Hosting & Domains ICANN Accredited Registrar http://www.blacknight.co http://blog.blacknight.com/ Intl. +353 (0) 59 9183072 US: 213-233-1612 Locall: 1850 929 929 Facebook:http://fb.me/blacknight Twitter:http://twitter.com/mneylon ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,Ireland Company No.: 370845
On 4/12/2017 4:45 AM, Michael Flemming wrote:
Dear All,
Please find the material that we will be referring to in order to address potential harms of Closed Generics.
Kind regards,
Michael Flemming
On Mon, Apr 10, 2017 at 6:28 PM, Michael Flemming <flemming@brightsconsulting.com <mailto:flemming@brightsconsulting.com>> wrote:
Dear All,
This week on 13 April 2017 at 21 UTC we will be once again discussing Closed Generics. As of our last meeting, we went through the Pros and Cons of Closed Generics by looking at the comments made in the Public Comments. We have not reached a consensus on anything at this point, however, we have not had a lot of input for the Cons and potential harm of Closed Generics at the current time. This week we will try to distinguish what potential harm exists if Closed Generics were allowed by analyzing the Public Comments even further. I welcome anyone who would like to assist in this discussion and analysis by joining us this week. Below is the agenda.
1. /Welcome
/ 2. /SOI
/ 3. /Closed Generics/
4. /AOB/
I look forward to speaking with everyone and having an exciting conversation!
Kind regards,
Michael Flemming
_______________________________________________ Gnso-newgtld-wg-wt2 mailing list Gnso-newgtld-wg-wt2@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg-wt2