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The gTLD Registries Constituency Statement concerning the VERISIGN SETTLEMENT AGREEMENT
This statement responds to the request from Vint Cerf dated November
10, 2005, for constituency input on the VERISIGN SETTLEMENT AGREEMENT.
I. Constituency Position
The Registry Constituency welcomes the progress made to date between
ICANN and VeriSign to settle the .COM litigation and to develop a more
constructive relationship for the future.
The Registry Constituency supports the approval of the proposed settlement of the pending litigation.
While the registry constituency does not have a consensus position
concerning the merits of individual terms of the proposed .com
agreement, inclusion of certain terms exclusively in this agreement and
without any apparent commitment by ICANN that such improvements will be
offered to other registries, raises a question.
To eliminate the possibility that the settlement could afford the
dominant player an unfair competitive advantage, ICANN should commit to
extend certain specific contract improvements, such as presumptive
renewal, to similarly situated registry operators on an equitable and
non-discriminatory basis. While the diversity of registries
precludes an exhaustive list of specific terms, principals of equity
and fairness should guide ICANN’s contractual relationships with
II. Method for Reaching Agreement on RyC Position
The Registries Constituency position was adopted by the
Constituency’s members at a meeting dated 1 December 2005. VeriSign and
NeuLevel abstained from voting.