Org was working towards a simple answer to prioritization (although not applicable to contention set resolution) that this IRT told them not to pursue. So simplicity does not seem popular around here… … that said, the raffle does look simpler than any other auction option I’ve seen, from an overarching view. It’s not simple on the legal side, but it at least warrants some consideration, IMHO. Rubens
Em 31 de ago. de 2024, à(s) 09:27, <trachtenbergm@gtlaw.com> <trachtenbergm@gtlaw.com> escreveu:
These are good questions and there are a million others that could and should be asked. Like will other jurisdictions think that their laws apply because the lottery is open to anyone in the world and affects the whole world because the the new gTLDs will be available everywhere. And this is not a question from a random lawyer but a lawyer that also practices in this area and has worked on numerous promotions operated in the US and also in many other countries. The fact that there are so many questions makes clear that this option is overly complicated and is a bad option.
ICANN legal can waste time and money looking into this but why as there will be no clear answers to some of the questions. Let’s just pick another option that doesn’t have these issues. Simplicity should always be the goal in this process.
Best Regards,
Marc H.Trachtenberg Shareholder Greenberg Traurig, LLP 77 West Wacker Drive Chicago, IL 60601 Office (312) 456-1020 Mobile (773) 677-3305
On Aug 31, 2024, at 6:54 AM, Rubens Kuhl via SubPro-IRT <subpro-irt@icann.org> wrote:
*EXTERNAL TO GT*
And the specific questions asked… some that come to mind: - Does the opportunity to sign a gTLD agreement counts against “gross receipts” ? Or only the actual money received ? That would make the actual receipts on the billion dollars ballpark. - If the applicant is pre-paid and then refunded, does this count against “gross receipts” ? - Is the global DNS “beneficial” to society ?
Rubens
Em 31 de ago. de 2024, à(s) 07:45, Jim Prendergast <jim@GALWAYSG.COM> escreveu:
Alll of the esteemed lawyers on list can offer their opinions on this but the only opinion that really matters is the one sought by ICANN legal.
Would be good to know if that is in process or has been completed and what it ultimately allows.
On Aug 30, 2024, at 8:47 PM, Anne ICANN via SubPro-IRT <subpro-irt@icann.org> wrote:
I am not a CA lawyer but I think the exception relates to the nature of the entity conducting the raffle, not just the question of where the proceeds go. Anne
Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com <mailto:anneicanngnso@gmail.com>
On Fri, Aug 30, 2024 at 3:28 PM Rubens Kuhl via SubPro-IRT <subpro-irt@icann.org <mailto:subpro-irt@icann.org>> wrote:
Em 30 de ago. de 2024, à(s) 19:21, <trachtenbergm@gtlaw.com <mailto:trachtenbergm@gtlaw.com>> <trachtenbergm@gtlaw.com <mailto:trachtenbergm@gtlaw.com>> escreveu:
With respect to California’s lottery laws, there is an exception permitting charities and certain other private nonprofit organizations may conduct raffles to raise funds for beneficial or charitable purposes in the state. But this exception to the general constitutional prohibition against lotteries requires that at least 90 percent of the gross receipts from these raffles go directly to beneficial or charitable purposes in California. Seehttps://oag.ca.gov/charities/raffles <https://urldefense.com/v3/__https://oag.ca.gov/charities/raffles__;!!DUT_TFP...> . I don’t this would qualify.
Making 90% of USD 100 * 1500 applications = USD 150k go to charitable purposes is very easy to do, if that’s all that’s required.
Rubens
_______________________________________________ SubPro-IRT mailing list -- subpro-irt@icann.org <mailto:subpro-irt@icann.org> To unsubscribe send an email to subpro-irt-leave@icann.org <mailto:subpro-irt-leave@icann.org>
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy <https://urldefense.com/v3/__https://www.icann.org/privacy/policy__;!!DUT_TFP...>) and the website Terms of Service (https://www.icann.org/privacy/tos <https://urldefense.com/v3/__https://www.icann.org/privacy/tos__;!!DUT_TFPxUQ...>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
_______________________________________________ SubPro-IRT mailing list -- subpro-irt@icann.org To unsubscribe send an email to subpro-irt-leave@icann.org
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy <https://urldefense.com/v3/__https://www.icann.org/privacy/policy__;!!DUT_TFP...>) and the website Terms of Service (https://www.icann.org/privacy/tos <https://urldefense.com/v3/__https://www.icann.org/privacy/tos__;!!DUT_TFPxUQ...>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
_______________________________________________ SubPro-IRT mailing list -- subpro-irt@icann.org To unsubscribe send an email to subpro-irt-leave@icann.org
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://urldefense.com/v3/__https://www.icann.org/privacy/policy__;!!DUT_TFP... ) and the website Terms of Service (https://urldefense.com/v3/__https://www.icann.org/privacy/tos__;!!DUT_TFPxUQ... ). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate the information.