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1/15/06

ICANN in Violation of Free Enterprise Laws

By Chris McElroy

Message to ICANN: Let those who want to create a tld, simply register it with ICANN.

If the tld is not already taken, if they have the technical capability to mange the tld, and they have the desire to market domain names on that tld, then let them do so.

It should be similar to the registering of a domain name, except on a higher level, with the added technical requirements. ICANN should be sort of an uber-registry for tlds.

It would be ludicrous for a domain name registrar like go daddy or enom to ask you for a business plan, or a non-refundable application fee, before allowing you to register a domain name. It would be ridiculous for a registrar to have "rounds" of domain name releases of names "they chose" in advance.

Okay, this month, go daddy will be allocating cheaperwebhosting.com, doggrommingmadeeasy.net, and virtualinternetwebnetwork.net. We will be taking applications and public comment during the month of february. We will then spend another month reviewing the applicants business plans to decide who we will allocate the domain name to. If you are not approved to manage the domain name you apply for, your application fee will be held by go daddy until further notice.

Some people will say that is not a good analogy, but it is a perfect analogy. Here is why. If info.com was still available and I registered it. I could then start selling subdomains like car.info.com, computer.info.com, icann.info.com or any other subdomain someone wished to purchase from me. The subdomain is one dot removed from the domain name the same as the domain name is one dot removed from the tld.

There is no longer any reason to believe ICANN is doing anything other than restricting free enterprise and free trade by not opening up the market for tlds. It is no longer acceptable that ICANN should be the one to decide which tlds will or will not be created nor is it acceptable that ICANN gets to choose who can or cannot run a tld.

Do you present a businesss plan to the city you live in before they allow you a business license? No.

Does the city ask you to prove you are financially stable before issuing you a business license? No, as long as you pay the registration fee.

If you apply for a business license to open a clothing store, does the city ask how you will run your clothing store or if you have the necessary expertise to run a clothing store? No.

Does the city think you will hurt them economically if your clothing store goes out of business? No, it's none of their business.

Is the city concerned that there may not enough demand for yet another clothing store? No, again none of their business.

ICANN not allowing me, or anyone else in the world, to create a tld of our choice in any language we choose, is a blatant violation of our rights. In many countries, America among them, the right to free enterprise still exists. ICANN is denying me that right as an American citizen and doing so when even their own organization exists under American law.

There are no needs for auctions or rounds or anything else. If you want to run a tld, then you register it and start selling domain names. If you fail, you fail, just as in any other business venture you take on.

Artificially restricting namespace to make a few business IP interests happy has to stop.

More things that just piss me off

3 Comments:

Anonymous Anonymous said...

Where is the genuine need for new TLDs? I don't see any. Do we need more digits in our postal code? Do we need more digits in the phone number? Why artifically create diversity that is not needed? A TLD is not something that can be added and removed at will; once it is there it will need to remain there "forever". If you let Joe Blo manage ".joebloe" TLD and he goes out of business (or just feels like screwing the customers), who will take care of .joeblow? Will existing .joeblow domain holders get screwed by any old company willing to take over .joeblow TLD?

8:12 AM  
Blogger kidsearch said...

They added 4 digits to the postal code if you will remember. The increase in addresses plus the need to manage the system better dictated they expand that years ago.

They have also been adding area codes to cities for years to deal with a larger number of users. In miami they added 786 to the 305 they already had. Again demand outgrew original planning.

Just like any business like contracting, placing a bond and buying insurance are legitimate requirements for someone who wants to run a tld. That being said, businesses fail everyday. The world does not end.

Who are you, I, or who is ICANN to decide which tlds are necessary?

There is no need to demonstrate a need. It's about free enterprise and the right to choose.

You aren't against the right to choose or free enterprise are you?

ICANN seems to be and that should be a concern to all.

But I can demonstrate need and demand, since you asked.

Many companies have one word domain names. Now you have a hard time getting a good three word domain name. Future generations will end up with 7 word domain names. Anyone who thinks the companies with the good one word domain names don't have an unfair advantage, doesn't understand marketing, advertising, or the Internet in general.

More tlds = more one word domain names available to all.

Also, many compnies have trademarks on the same names. Why should only one company have their name as a domain name? How is that fair?

By creating special tlds or sTLDs, that are category specific, the same way trademarks are creating it would be very simple for all companies with the same mark to have their name as a domain name in the proper category, creating the proper amount of protection to their brand.

This is repeating what was said in some of the articles here, read on and thank you for commenting.

Chris McElroy
http://www.newsandmediablog.com

9:38 AM  
Anonymous Anonymous said...

Couldn't agree more!

LIdija Turkovic

5:35 PM  

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