RAA/Obligations?

Dr. Dierker,

  Agreed.  And remember to put brackets around RAA in the
subject line next time, ok? I fixed it this time...

Hugh Dierker wrote:

>    I am just a plain old boy, or at least I try to be,
and I like
> plain language and when I review a contract that has
language
> regarding obligations of one party I take it seriously.
The entire
> language under under this section looks like a cut and
paste job
> agreed to by politicians. It is not even the result but
rather what is
> shown to be the method of coming to this language.
>   I am quite confident that a group from here can do
better.
>
>
>   In perusing the RAA I found the following
disconcerting;
>
>   2. ICANN OBLIGATIONS.
>     2.1 Accreditation. During the Term of this
Agreement, Registrar is
> hereby accredited by ICANN to act as a registrar
(including to insert
> and renew registration of Registered Names in the
Registry Database)
> for the TLD(s) that are the subject of appendices to
this Agreement
> according to Subsection 5.5.
>   2.2 Registrar Use of ICANN Name and Website. ICANN
hereby grants to
> Registrar a non-exclusive, worldwide, royalty-free
license during the
> Term of this Agreement (a) to state that it is
accredited by ICANN as
> a registrar for each TLD that is the subject of an
appendix to this
> Agreement and (b) to link to pages and documents within
the ICANN web
> site. No other use of ICANN's name or website is
licensed hereby. This
> license may not be assigned or sublicensed by
Registrar.
>   2.3 General Obligations of ICANN. With respect to all
matters that
> impact the rights, obligations, or role of Registrar,
ICANN shall
> during the Term of this Agreement:
>     2.3.1 exercise its responsibilities in an open and
transparent
> manner;
>   2.3.2 not unreasonably restrain competition and, to
the extent
> feasible, promote and encourage robust competition;
>   2.3.3 not apply standards, policies, procedures or
practices
> arbitrarily, unjustifiably, or inequitably and not
single out
> Registrar for disparate treatment unless justified by
substantial and
> reasonable cause; and
>   2.3.4 ensure, through its reconsideration and
independent review
> policies, adequate appeal procedures for Registrar, to
the extent it
> is adversely affected by ICANN standards, policies,
procedures or
> practices.
>
>
>

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k
members/stakeholders strong!)
"Obediance of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not
with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the
burden, B;
liability depends upon whether B is less than L multiplied
by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir.
1947]
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