Marc. I certainly don't object to any such discussions. This is ICANN's rule. I was pointing out that ICANN shouldn't say that the settlement discussions and terms may not include "other things of value" given that there is always value to the parties in settling a dispute and most settlement conference emphasize that and it is generally recited in settlement agreements so ICANN shouldn't be saying that no terms can include "other things of value". I had commented previously on the vagueness of the prohibition on discussing "other things of value but Lars said they decided not to change that. My proposed red language tries to account for the realities present in settlement negotiations. The highlighted language about no offers for transfers of the TLD is apparently something that ICANN added to the latest draft? Not sure about this. Anne Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Wed, May 7, 2025 at 9:04 PM <trachtenbergm@gtlaw.com> wrote:
Anne,
Why is your language in red below needed? What does “inherent value” mean in this context and why should the applicants not be able to discuss this?
Also awaiting the response on the highlighted language from Lars/staff.
Best regards,
*Marc H. Trachtenberg * Shareholder
Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601 T +1 312.456.1020
M +1 773.677.3305 trac@gtlaw.com <trachtenbergm@gtlaw.com> | www.gtlaw.com | View GT Biography <https://www.gtlaw.com/en/professionals/t/trachtenberg-marc-h>
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*From:* Anne ICANN via SubPro-IRT <subpro-irt@icann.org> *Sent:* Wednesday, May 7, 2025 9:26 AM *To:* Lars Hoffmann <lars.hoffmann@icann.org> *Cc:* Next Round Policy Implementation via SubPro-IRT < subpro-irt@icann.org> *Subject:* [SubPro-IRT] Re: Updates and Materials
**EXTERNAL TO GT**
Thanks Lars. Regarding contention set resolution, I'm pasting some language below in red with a suggested change to address the "other things of value" issue previously raised. This is added because settlement in and of itself is a "thing of value". I dare say there are other "things of value" negotiated in the settlement of Objections that would not violate the letter of spirit you intend, e.g. commitments re disclosures, etc. It may be more accurate to say "other TERMS of MONETARY value."
*Separately, Is the highlighted language below new?*
The New gTLD Program specifically permits applicants for strings in contention to communicate with one another as part of settlement discussions to resolve an Objection, provided that no settlement shall discuss or include as part of its terms exchange of money or other things of value, including any post-auction ownership transfer arrangements for strings which were formerly in contention. The foregoing shall not preclude discussion of or settlement agreement terms reciting the inherent value to the parties of settling the dispute.
Thank you,
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Tue, May 6, 2025 at 11:25 PM Lars Hoffmann via SubPro-IRT < subpro-irt@icann.org> wrote:
Dear IRT members,
Following recent discussions, we have prepared redline updates to a number of topics – details and links below. Please note, the first to topics in the list: Terms and Conditions and Contention Resolution, will be the subject of tomorrow’s call. During tomorrow’s call we will also go over some of the conditional fee issues, I hope to share materials prior to the call on that, too.
As always, please reach out with any questions/comments etc.
Best. Lars
1. *Terms and Conditions* [ https://docs.google.com/document/d/1EfnA02C5lc-PXQUgukerFJ2rkSzLDFCbZ4jiZFOl... <https://urldefense.com/v3/__https:/docs.google.com/document/d/1EfnA02C5lc-PX...> ]
o Paragraph 1: We modified the language to make more clear which kinds of changes applicants are required to provide notice to ICANN, and this clarity also goes to the question about “material” since the requirement is that applicants must tell ICANN about changes with this Application that could adversely affect impact the results of the evaluation of this Application
- Paragraph 9: in response to questions about the ability to assign an application, we deleted the final section of the last clause because the intent is that an applicant cannot resell/assign/transfer an application .
2. *Contention Resolution / No Collusion* [ https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUzB... <https://urldefense.com/v3/__https:/docs.google.com/document/d/1bIu1lRxe4zr-l...> ]
· We updated section 2 (Prohibition of Private Resolution) as follows:
o Made clear that applicants are only prohibited from communication on strings they are in contention with. Meaning that applicants can speak to other applicants/consultants etc. whose are not apply for a string they are in contention with.
o Made clear that applicants prevailing in an auction may speak to other applicants they were in contention with, once these applicants have withdrawn from the program.
o Added language that makes clear that ICANN reserves the right to take appropriate action to address false claims of violations of the no-collusion rules.
· We did not further elaborate/explain the term ‘other things of value’. While Anne’s point from our previous discussion is well made, we have intentionally left this language broad to cover a variety of situations/things.
3. *Application* Journey [ https://docs.google.com/document/d/1lXSaBBAHP1S57nxjHNvpRzrQrOoscCY_vN1QXp0W... <https://urldefense.com/v3/__https:/docs.google.com/document/d/1lXSaBBAHP1S57...> ]
· We made updates to the *RSP Selection language*, reflecting input from the previous IRT discussion.
· We added more information regarding *“expected duration” of the different stages* of the application process
4. *Name Collision* [ https://docs.google.com/document/d/14lo8OPG80PVJnQQs0wlxafC07CC9YNyhzad5yvJ-... <https://urldefense.com/v3/__https:/docs.google.com/document/d/14lo8OPG80PVJn...> ]
· We made one substantive update following your feedback, adding “However, as permanent delegations take precedence over temporary delegations, this number may vary from month to month.” At the end of the first paragraph in section 4 (top of page 4).
· We also added a new footnote 1, referencing section 2.2 of the NCAP Study report.
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