Its a very good comment and though worth a read especially for those who still have to submit their comments which are due by midnight tonight.
“As an ICANN-accredited registrar with nearly 1 million .Net domain names under management, Tucows is deeply concerned to learn that ICANN is being urged to impose the Uniform Rapid Suspension (URS) and Trademark Claims Service (TCS) developed for the still-unapproved new gTLD program through further amendment of the .Net registry agreement.
Tucows Inc. is the third largest domain name registrar in the world, a large domain portfolio holder, and a significant trademark owner, and as such we deal daily with all sides of intellectual property issues.
Tucows is also committed to preserving the rights of .Net (and all other TLD) registrants and is against imposing URS on .Net through this registry contract renewal for the following reasons:
• The URS details are still in flux and it is a totally untested mechanism, but clearly the URS provides registrants with fewer rights than the UDRP.
• There is no foundation in any ICANN policy process for imposing new gTLD “rights protections” on incumbent gTLDs without careful study and deliberation—after seeing how they work, or don’t, with new gTLDs.
• This is a big deal — .Net is the third largest TLD after .Com and .De, with almost 14 million registrations.
• It’s fundamentally unfair to impose URS on .Net registrants through this kind of backdoor procedure. If individuals want to acquire domains in the new gTLDs they do so with advance notice that they will be subject to URS but .Net domains have been acquired, often at considerable expense, with the understanding that a registrant’s registration and use would only be subject to possible UDRP review.
• If trademark interests can get the URS imposed on .Net now, and .Com next year through its contract renewal, then they are likely to scuttle the entire UDRP reform process that ICANN is initiating and that provides the only real prospect for balanced and comprehensive UDRP reform.
Tucows urges ICANN to resist the call to impose URS on .Net through this registry contract renewal.
Great coverage and a really important issue – very glad to hear Tucows is fighting the good fight there – it’s important for all of us!
“.Net domains have been acquired, often at considerable expense, with the understanding that a registrant’s registration and use would only be subject to possible UDRP review.”
What an excellent point. This may leave the parties (registry, registrar, ICANN) open to challenges of compensation, even on the basis of misleading and deceptive conduct, ie aside form any contactual issues.
The push by IP owners to expand their non-legal privileges is and will be relentless. It is Borg-like.
This is even more reason why we, the domain industry, need to support ICA and other groups so we have a voice. We need to get political as our business models are at risk. You know an industry is hot ,just look at the lawsuits. I have spends hundreds of thousands of dollars on legal bills defending my domains, econtent.com, going to the white house and many of use have done the same to establish case law. New industries go throughout this to establish case law and when that breaks down, the industry becomes vulnerable and production of real value gets redirected to more legal fees and legal cases verses technology and service innovation. I have about 50 one word .net domains and legally have the right to own and use them anyway I deem fit. Goes to show you politics always try to push thing in the back door and think these loops should be faught head on and applaud tucows for stepping up. Encourage other as well as mention the .net first. Then expect the .com later. I personally think the gov. Should just kick out ICANN and get a new organization installed.
A further plug for the ICA.
Without phil corwin’s help we would not have been in any position to respond. He fought inside the Business Constituency to push URS support out of their comments. Then when they were snuck in to the IP constituency comments he sounded the alarm!
Any serious domainer who is doing it for a living should both join the ICA AND join the ICANN Business Constituency to help Phil there. I believe Mike has done that already!
EN
Elliot is quite right and just so everyone knows Tucows has been the only true registrar supporter of the ICA both financially and vocally.
Moreover at every ICANN meeting, one of the best representatives for domainer issues is always Elliot, so big props to him
Maybe some people working at Tucows are also domainers?
Sometimes domainers are also registrars and vice versa.
My view is that ICANN needs money from the big registrars and big domainers. We all bash ICANN, but consider where it’s money comes from. Without money from the domaining crowd, ICANN board memebers could not pay themselves hundreds of millions in salary.
Monies from URS fees will not sustain the ICANN high life as registrars and domainers currently do. A URS is a one time event. The proponents behind URS seem to want to try to (seize existing domains and then) stop people from registering new domains that compete with trademarks, through fear. This is a chilling effect on domains and hence not good for ICANN’s purse.
That’s how I see it.
@joe, note that ICANN board members are not paid. they spend a huge amount of time and do so for free.
the rest of your comment is germane, but I did want to correct that point.