Thanks Alexander and anyone else who weights in. Sorry for my misuse of terms -- language is an issue, even for English speakers (sigh). But you realized what I was getting at and answered my question. And so, the suggestion that there might be contract language in place which would prevent the "flipping" (as it is known in the real estate business) of names is incorrect. Indeed, the current situation almost seems to encourage such activity. Marita On 11/16/2018 2:12 PM, Alexander Schubert wrote:
Hi Marita,
Please clarify your question. "Domain name holder" - what is that supposed to be? Sounds like a "registrant" of a 2nd level domain? But as we are only discussing gTLDs on top level you probably mean the "registry operator"?
After the 2012 round I am very sure that EVERY SINGLE APPLICATION will be applied for by using a separate, unique legal entity: "Legal entities" can be minted by the dozen in no time in most jurisdictions.
So in other words: You can bet that an applicant entity (and subsequently registry operator) has a unique legal entity as owner of the gTLD (a legal entity that is not involved in ANY other business operation but that gTLD). So there is no real need to "sell the name" (I suppose you mean "the gTLD") - you can simply sell the LEGAL ENTITY; or its shares! If cleverly done that doesn't even need to be reported to ICANN: Only if shares of larger than 15% are being sold, ICANN would look into it (not even sure if that is true AFTER delegation - please if somebody knows: let us know). So you COULD in theory at ANY point of time after the submission of your application "sell the gTLD" (application, applicant, registry operator, whatever stage it is in) to others, if it's being done in 15% share packages to 7 entities e.g. 6 times 15% and one time 10% each to different "owners"). Please correct me if I am wrong!
So if you plan to apply for ".shanghai": Just don't designate it as geo-TLD, DO NOT MENTION the word "city" or "China" at all. Then you do NOT need to provide a "letter of non-objection". Once you are sure you are the "winner" (e.g. you where the only applicant, or you won a private auction) you can now approach the biggest real estate magnate in Shanghai, or the biggest media conglomerate: and sell the application by transferring ownership of 7 share packages! It's really THAT simple. I am warning of this since MONTH. Again: if I am mixing facts here: point it out to me.
Thanks,
Alexander
-----Original Message----- From: Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces@icann.org] On Behalf Of Marita Moll Sent: Friday, November 16, 2018 6:35 PM To: gnso-newgtld-wg-wt5@icann.org Subject: [Gnso-newgtld-wg-wt5] applicant contractual obligations
Hello. I am wondering whether there is anything in the contract of a domain name holder that prevents that holder from selling the name to a higher bidder. I am asking this as it came up in a recent conversation in our community and, given our lengthy discussions here about domain name parking/scalping of city or other geo-names, I have assumed that there were no such restrictions. But, being fairly new here, I was unable to confirm or deny this idea.
Thanks for any clarification
Marita _______________________________________________ Gnso-newgtld-wg-wt5 mailing list Gnso-newgtld-wg-wt5@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg-wt5
_______________________________________________ Gnso-newgtld-wg-wt5 mailing list Gnso-newgtld-wg-wt5@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg-wt5