Re: [wg-c] Choosing the intial testbed

["William X. Walsh" <william@userfriendly.com>]

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On 22-Mar-2000 Mark C. Langston wrote:
> On Wed, Mar 22, 2000 at 12:10:20PM -0800, William X. Walsh wrote:
>> 
>> On 22-Mar-2000 Mark C. Langston wrote:
>> > The registry MUST NOT own the TLD, and must not be allowed to even
>> > infer that some ownership exists, or we'll just be creating problems
>> > for everyone, and perpetual fiefdoms for a select few.
>> 
>> Must not is a pretty strong term, Mark.  If you don't confer SOME rights in
>> the
>> TLD to the registry, there will be no incentive for the registry to invest
>> the
>> money needed to become an innovative registry, because their rights could be
>> yanked from them at any time with no recourse, and they could lose their
>> investment to the benefit of whoever gets it next.
> 
> 
> Oh!  Just like domain names!  
> 
> And when the registry goes rogue, or becomes incompetent, or their contract
> expires or is broken, how do you propose we avoid the '98-'99 NSI
> debacle?
> 

I don' t know what you mean by rogue or incompetent, and I surely don't know
about the contract expiration.   As far as I am concerned, the registry should
retain their rights for as long as they stay within their contractual
obligations.  You will remember I have pushed for this group to come up with a
reasonable set of standard contract obligations that registries would be bound
to.   Material breach of that contract would permit ICANN to step in and
steward the domain till they can bid the contract.  Part of the contract would
have to include that the registry agrees that in the event they become
insolvent, or are unable or unwilling to continue operating the registry, or
otherwise breach in a material form the contract, that ICANN can step in and
they assign any and all rights to the intellectual property associated with the
registry operation to ICANN for reassignment to a new registry operator.


- --
William X. Walsh <william@userfriendly.com>
http://userfriendly.com/
Fax: 877-860-5412 or +1-559-851-9192
GPG/PGP Key at http://userfriendly.com/wwalsh.gpg
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