Re: [ga] Verisign proceeds with WLS, despite opposition

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

And if ICANN does impose WLS, you have a cause of action for the failure
to create the indepenent review panel.  Hence ICANN won't dare?

[cc's trimmmed]

On Sat, 23 Mar 2002, George Kirikos wrote:

> Hi again,
> 
> For the registrars out there following the WLS issue, and not willing
> to let Verisign or ICANN trample over you, here's a section of your
> contracts that will help. From:
> 
> http://www.icann.org/registrars/ra-agreement-17may01.htm
> 
> "2.3 General Obligations of ICANN. With respect to all matters that
> impact the rights, obligations, or role of Registrar, ICANN shall
> during the Term of this Agreement:
> 
> 2.3.1 exercise its responsibilities in an open and transparent manner;
> 
> 2.3.2 not unreasonably restrain competition and, to the extent
> feasible, promote and encourage robust competition;
> 
> 2.3.3 not apply standards, policies, procedures or practices
> arbitrarily, unjustifiably, or inequitably and not single out Registrar
> for disparate treatment unless justified by substantial and reasonable
> cause; and
> 
> 2.3.4 ensure, through its reconsideration and independent review
> policies, adequate appeal procedures for Registrar, to the extent it is
> adversely affected by ICANN standards, policies, procedures or
> practices"
> 
> Section 2.3.2 is of obvious use in blocking ICANN from rubber stamping
> this monopolistic and anti-competitive WLS proposal from Verisign.
> Section 2.3.4 should keep an open forum for months as an independent
> review is forced to take place.
> 
> You have signed contracts with ICANN, listing their contractual
> obligations -- hold them to the letter of those agreements that you
> signed in good faith, and go to court if need be to enforce them,
> otherwise you willingly diminish the value of your own businesses.
> Don't be a lemming, like some of the registrars have been! 
> 
> Here's a little theory for you. Verisign is buying out registrars left
> and right, to stem their market share losses as folks transfer away
> from them. Do you think the price Verisign will pay for you will be
> higher with WLS approved?? I don't think so, as they won't need you as
> much, having stolen your revenue sources and your ability to innovate
> and differentiate.
> 
> Sincerely,
> 
> George Kirikos
> http://www.kirikos.com/
> 
> 
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A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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