I would add that the question of pricing feeds into the concept of effectiveness, because if the TMCH is serving as a database for registries to target brand owners for higher pricing based on the value of their brands, then this is antithetical to the TMCH’s primary goal to provide protection for verified right holders.

From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Rebecca Tushnet
Sent: Friday, September 23, 2016 10:26 AM
To: gnso-rpm-wg@icann.org
Subject: [gnso-rpm-wg] TMCH review objectives

Hello, all. On the last WG call, concerns about pricing of domain names during the Sunrise Period arose. This led to a question of whether pricing is within the remit of this WG – and the broader question of what the purpose of our TMCH review is. There seemed to be a desire to focus on the TMCH’s effectiveness. The predicate question, then, is: effectiveness at what? Here are some suggestions for discussion: (1) minimizing the cost of operating the system for all concerned; (2) minimizing the number of actions that ultimately need to be brought against infringing registrants; (3) minimizing the number of noninfringing registrants whose legitimate uses are blocked or deterred. If the system is reasonably balancing those objectives, I suggest, then it is effective; potential changes should be directly related to improving performance on one or more of these metrics without unduly hampering the others.

Yours,

Rebecca Tushnet

Georgetown Law

703 593 6759

=================================================================
Reminder: Any email that requests your login credentials or that asks you to click on a link could be a phishing attack. If you have any questions regarding the authenticity of this email or its sender, please contact the IT Service Desk at 212.484.6000 or via email at ITServices@timewarner.com

=================================================================

=================================================================
This message is the property of Time Warner Inc. and is intended only for the use of the
addressee(s) and may be legally privileged and/or confidential. If the reader of this message
is not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient, he or she is hereby notified that any dissemination, distribution, printing, forwarding,
or any method of copying of this information, and/or the taking of any action in reliance on
the information herein is strictly prohibited except by the intended recipient or those to whom
he or she intentionally distributes this message. If you have received this communication in
error, please immediately notify the sender, and delete the original message and any copies
from your computer or storage system. Thank you.
=================================================================