[ICANN-EU] fwd: Name.Space Answers ICANN Ultimatum

[Andy Mueller-Maguhn <andy@ccc.de>]

>From: Paul Garrin <pg@namespace.org>
>Subject: Name.Space Answers ICANN Ultimatum
>Date: Fri, 06 Oct 2000 17:09:10 -0400
>Sender: pg@mail.lokmail.net
>
>name.space, inc.
>11 east 4th street, new york, ny 10003 usa  212.677.4080 fax  677.3603  internet: 
>info@name-space.com
>
>
>To: 	Louis Touton
>	Vice President, ICANN
>	4676 Admirality Way Suite 330
>	Marina Del Rey, California 90292-6601
>	310.823.9358  fax 823.8649
>
>
>
>Dear Louis Touton,
>
>Thank you for your email regarding the Name.Space application to ICANN's TLD 
>registry review.
>
>Name.Space has every intention to comply with your request and to participate in 
>the ICANN review process in good faith.
>
>The purpose of the disagreement over the non-refundable $50,000.00 fee was to 
>focus on issues pertaining to that fee which Name.Space believes ICANN has 
>neglected to
>articulate.  Those issues are:
>
>	1)	How was the amount of the fee determined?
>	
>	2)	What oversight was there over determining that amount?
>	
>	3)	What body provided oversight over the fairness of the fee?
>	
>	4)	If a proposal is not accepted in this round will there
>		be further rounds of TLD registry review and approval?
>		
>	5)	If there are to be more rounds of TLD registry review,
>		when will that be?
>		
>	6)	If a proposal is not accepted in this round and there
>		are future rounds, will a balance left over from the
>		costs of reviewing a proposal be carried over and
>		applied to the next round?
>		
>	7)	Is it ICANN's intention to restrict the number of TLDs
>		or does ICANN intend to expand the number of TLDs?
>		
>	8)	What does ICANN consider its concept of range of expansion
>		if the answer to the above is "expand" the number of TLDs?
>		
>	9)	What timeline would be descriptive for reaching any limits
>		on expansion, if ICANN seeks to impose limits on the number
>		of TLDs?
>		
>   10)		What is ICANN's perception on the number of TLDs it will
>   		approve in this first round?
>
>Our clients and investors would like to know the answers to these questions, as I 
>am certain the public and the Congress would like to know the answers as well.
>
>A sum of $50,000.00 is not insignificant to small businesses and their investors.  
>While we raised the funds to apply for ICANN review, many potential sponsors 
>could not justify the cost or the risks involved given the unclear positions that 
>the above questions seek to clarify.  The prevailing opinion of potential 
>sponsors who declined to fund the ICANN review process believed that $50,000.00 
>is best spent paying salaries at Name.Space rather than funding an uncertain 
>agenda of ICANN, especially when all indications point to the possibility that 
>ICANN seeks to restrict rather than expand the number of TLDs. Your honest 
>answers to the above may help to clarify the validity of the $50,000.00 fee and 
>the "no refund" policy as well as to articulate ICANNís position on whether it 
>intends to restrict the number of TLDs or to expand them.
>
>Sincerely,
>
>Paul Garrin
>Founder/CEO
>Name.Space, Inc.
>
>
>========================original message below============================
>
>------- Forwarded Message
>
>Message-ID: <39DCBE60.BF5E08E1@icann.org>
>Date: Thu, 05 Oct 2000 10:46:08 -0700
>From: Louis Touton <touton@icann.org>
>X-Mailer: Mozilla 4.7 [en] (Win98; I)
>X-Accept-Language: en,ja
>MIME-Version: 1.0
>To: pg@name-space.com
>Subject: Name.Space's Unsponsored TLD Submission
>Content-Type: text/plain; charset=us-ascii
>Content-Transfer-Encoding: 7bit
>
>To:  Paul Garrin
>
>ICANN received Name.Space, Inc.'s TLD application for an unsponsored
>top-level domain.  The last paragraph of item B6 of the
>Unsponsored TLD Application Transmittal Form was crossed out and the
>words "Do Not Agree" written over the paragraph.
>
>The New TLD Application Instructions posted at
><http://www.icann.org/tlds/application-process-03aug00.htm> state that
>one of the elements of a complete application is "[a] completed and
>signed Unsponsored TLD Application Transmittal Form." (item I6.1)
>
>Because the last paragraph of item B6. was crossed out, Name.Space,
>Inc.'s application is incomplete.  ICANN is unwilling to consider the 
>application on the basis of Name.Space's proposed changes to the 
>terms of the transmittal form.
>
>ICANN would like to offer Name.Space, Inc. an opportunity to correct
>this deficiency.  Please fax a completed and signed Unsponsored TLD
>Application Transmittal Form (without any changes or markings to its
>terms) to ICANN by 5:00 p.m. Pacific Time on Friday, October 6, 2000 
>and send the original of the completed and signed form to ICANN at 
>its offices in Marina del Rey, CA by overnight courier for delivery 
>no later than Saturday, October 7, 2000.
>
>If ICANN does not receive a completed and signed Unsponsored TLD
>Application Transmittal Form as described in the preceding paragraph,
>Name.Space, Inc.'s application will not be considered complete and 
>ICANN will return the application, along with the application fee, to 
>Name.Space, Inc.
>
>Please note that Name.Space, Inc.'s application will receive no further
>review unless and until ICANN receives a completed, signed, and 
>unaltered Unsponsored TLD Application Transmittal Form as stated above. 
>Accordingly, ICANN has not determined in what other ways, if any,
>Name.Space, Inc.'s application is incomplete.
>
>Thank you for your attention to this matter.
>
>Best regards,
>
>Louis Touton
>ICANN Vice President
>
>------- End of Forwarded Message