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Re: Oppose NSI's redefinition of TLD constituencies
On Thu, 15 Apr 1999, J. William Semich (NIC JWS7) wrote:
> I agree with Patrick's concerns, with additional observations.
> The only "constituency" that would gain from throwing out RFC1591 and
> redefining TLDs as being "closed" vs. "open" is Network Solutions Inc.
> (NSI). This same wrong-headed change in the current ccTLD structure was
> proposed in the WIPO RFC last month, and it must be strongly opposed,
> Most of what would currently be defined as "open" ccTLDs (.ch, .uk, .nz,
> .dk, .nu) will probably be forced, for reasons of cost and other
> trademark protection considerations, to become closed. Yet NSI will
> still be able to come into these "closed" ccTLD's national markets and
> sell .com registrations (whether directly, as NSI, or through its new
> registrars), and dominate the local market with the strong .com brand.
> Yet the closed ccTLDs will *not* be able to compete with .com outside
> the "closed" areas on an international basis. That leaves the
> international market free for .com to develop (until new gTLDs are
> added, which could be a while), as well as opening every local ccTLD
> market to NSI to compete with all their International resources and
> millions of marketing dollars on a one-on-one basis.
> It's kind of like telling a local soft drink company in, say, Thailand,
> not to sell its beverage in Cambodia or Indonesia, while Coke is allowed
> to market in Thailand, Indonesia, Cambodia and anywhere else. In small
> ccTLD areas, in fact, the local ccTLD may never even have a chance to
> get developed... but that's another discussion.
> Even more problematic is the contradictory effect of the "open" vs.
> "closed" redefinition of the current ccTLD structure (RFC1591) on the
> concept of "sovereignty."
> In effect, a closed vs. open policy says, "You can have 'sovereignty'
> over your ccTLD if you agree to obey ICANN's rules. These rules say you
> do not have the sovereign right to use your ccTLD outside your own
> national or territorial boundaries." That's not the way I define
> "sovereignty," regardless of whether you interpret it to mean national
> government sovereignty (as some governments believe) or to mean local
> internet community sovereignty (as IATLD believes).
> Again, this is a complete reversal of the basis on which the Internet
> has grown, as a borderless, global and private networking system. In
> addition, it is a complete reversal of the International Trade movement,
> exemplified by the EU, toward open borders and free trade. It would
> mean, for example, that a company in Europe which wished to register its
> company or brand names using the locally-recognized ccTLDs in
> Switzerland, the UK, Denmark and Sweden would not be able to anymore
> unless it had a corporate presence on the ground in each of those
> countries (assuming those ccTLDs decided to become closed due to the
> regulatory and cost pressures created by the "open" designation, which I
> believe will be the case). This is only one of many results "hidden" in
> this NSI-proposed redefinition of the current ccTLD system.
> I've got many other concerns about this approach (not least of which is
> my believe that ICANN has no authority, with its "interim" board and no
> DNSO or names council, to redefine the structure of the ccTLD space as
> it exists right now) and will post a more lengthy comment soon.
> Bottom line, though, I'd say this is not an issue for consideration by
> ICANN or any other entity at this time in the process of developing DNSO
> and we should continue to move to build a strong and effective ccTLD
> constituency of the DNSO,
> Bill Semich (NIC JWS7)
> .NU Domain
> "The un.com-mon Domain"
> (competing with NSI's .com)
Though Bill and I have had some "interesting talks" over what
a ccTLD actualy is, I strongly support his views here.
Nobody can take away the right to do whatever the registry wants to
do with a ccTLD (exept the local government/community)
It just doesnt make sense to name a ccTLD "open" or "closed".
As Marcel and others have said: "What is the meaning of the words ?".
It is impossible to define.
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