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Re: SV: Wrong Question (Was Re: [wg-c] compromise proposal)
On Wed, Sep 08, 1999 at 08:03:14PM -0400, Milton Mueller wrote:
> One of the dangers of so-called "industry self-regulation" that was explicitly
> recognized by the Federal Trade Commission was the possibility that certain
> industry interests can coalesce in restraint of trade.
>
> This seems to be happening now. We have a commercially marketed ccTLD registry
> (Bill Semich) telling us that he does not support any new competition from open
> gTLDs. He is being supported by trademark interests who also have an economic
> self-interest in restricting the market. While the trademark lobby has some
> legitimate concerns about infringement, I made the point loong ago that legal
> business activity cannot be forclosed or unfuly restricted simply because it
> creates a possibility that infringement will occur in one one hundredth of one
> percent of all registrations.
1) Statements by Bill Semich and Marilyn Cade do not constitute
restraint of trade.
2) A written proposal by this WG does not constitute a restraint of
trade, either.
> ICANN's board should be deeply aware of the danger of litigation is these kind
> of rationales are used to stifle the market for domain name registrations.
I know from personal conversation that the ICANN board is deeply aware
of issues of restraint of trade and antitrust. They have competent
legal advice in these matters, as well.
--
Kent Crispin "Do good, and you'll be
kent@songbird.com lonesome." -- Mark Twain