Re: SV: Wrong Question (Was Re: [wg-c] compromise proposal)

[Kent Crispin <kent@songbird.com>]

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