Dear Griffin,

As promised on last week’s call attached is an example of why ICANN’s flawed thinking on which the new RA is founded is so problematic. It’s pretty obvious that IP interests outside of ICANN contracted parties were much better served under the uniform standard pricing of ~$8 per domain/year model together with the occasional use (or threat of use) of the RPMs to manage the nuisances.

Until recently “premium names” only affected the ICANN new gTLD bubble and the impacts were pretty much contained, however ICANN GDD is rolling out the same flawed RA model to older more established gTLDs like .org and .info. It is therefore possible the same (totally unnecessary) impacts will increasingly affect a much larger group of rights holders over time.

This not only creates a framework disconnect between millions of premium names being outside the reach of URS/UDRP as they are not registered and people who have actually paid for names for genuine, non competing, non infringing future projects. It also underscores the disconnect between UDRP/URS & domestic judicial systems and the  injustice of subjecting those same registrants to the risk of having to expend time and money defending vexatious claims premised on an allegation of passive holding.

Yours sincerely,


Paul