[ncsg-policy] RE: [NCUC-DISCUSS] brief report on NCSG Policy Discussion Wednesday 6 January

Milton L Mueller mueller at SYR.EDU
Tue Jan 12 17:17:08 CET 2010


> Let me see if I understand, the argument is that this is not a change in the 
> status quo because it just implements loophole behaviors currently being used.
> 

;-) 
The term "loophole" is pejorative and shows that you have your own idea of what the policy "should be" and therefore are trying to use the PDP to get your favored policy implemented. That's fine, but its no reason to hold up 100+ new entrants. 

If the practice was against current policy, how could it have existed for the past ten years? The real reason it is an issue now is that the current loopholes serve the interests of a few incumbent registries and established players. Opening up the game to a bunch of newcomers on the other hand, makes some of those folks nervous. That makes me favorably inclined to it. The TLD market is a cartel. We need more new players. And we need liberalized registration policies that allow end users to gain stronger longer term rights over registrations. 

> If this is so, isn't the formalization/legitimization of a loophole also a change 
> in the status quo as it will no longer be a loophoe?

This is what I have been telling people for several months now. This is NOT a simple cboice between a clear existing policy and a "new" policy. The current policy is unclear in terms of its implications for joint marketing and cross ownersihp. Given that fact, the issue we should be debating is "what implementation pattern will favor registrant interests?" I see more intensive competition and greater industry diversity as in the consumer interest. I am not concerned about the short term purity of the policy/implementation distinction because it is already a complete mess. 

>I personally still believe that whatever the case, blessing of business as normal 
> or changed policy, that any approvals of a Registry selling its own TLD should 
> be specifically approved post-allocation in a RSEP process 

Avri, if even I don't know what acronyms mean then you can imagine how many other people on this list have no idea what you are talking about. So, please, what is an RSEP? 
And please also answer this question: is there any substantive dimesnion to your argument or is it only process? I still see not one argument based on consumer or registrant interests here.

--MM


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