18(c) What operating rules will you adopt to eliminate or minimize social costs?

Prototypical answer:

gTLDFull Legal NameDetail
.sexICM Registry SX LLCView

Resolving Multiple Applications for a Particular Name

Applicant will adopt a variety of operating rules to eliminate or minimize social costs. Applicant will implement a Sunrise period and a Trademark Claims service during the start-up phases and initial launch period, as prescribed in the Applicant Guidebook. During the Sunrise period if there are multiple applications for a particular and available domain name, the parties will proceed to auction. In general registration available names will be allocated on a first-come⁄first-serve basis.

Cost Benefits: Applicant’s Grandfathering Program

Without any fee to registrants or reservants, Applicant will automatically grandfather into the new gTLD, and designate as registry-reserved, all directly corresponding .XXX registered and reserved names (at the time of this application, approximately 220,000). All new gTLD second level names that directly correspond to both registered and reserved .XXX names will not be made available to the general public and will not be part of the general pool of available names offered by the Applicant.

All .XXX registry-reserved names will automatically be designated as a registry-reserved name in the new gTLD, for no additional fee. This continuity of reservation dramatically minimizes social costs. In particular, the social costs to IP rights holders who have already paid a one-time fee to participate in ICM’s innovative Sunrise B program will receive a windfall benefit of a parallel reservation in Applicant’s new gTLD, at no cost to them. Internet stakeholders-at-large, like child protection advocates, GAC reserved names, capital city names, certain celebrity names and certain world leader names, for example, will not have to experience any concern about the potential release of those corresponding names in the new gTLD; those names will remain registry-reserved without any additional activities required by those parties (and as stated, Applicant will not charge any fees for this service). This truly benefits the Internet stakeholder-at-large community, particularly non-profit organizations and governments around the world who may not have the resources to monitor and protect those names in this new gTLD.

Likewise, if a .XXX registrant does not wish to register their corresponding name in the new gTLD, then, for as long as that underlying .XXX registration continues, that corresponding new gTLD name will remain on Applicant’s registry-reserved list for the duration of Applicant’s Registry Services Agreement with ICANN, without any cost to that registrant. Again, this minimizes the social costs to the adult industry who may not wish to expend the resources it would otherwise take to defensively register these new gTLD names. By providing this automatic reservation (i.e. “block”), Applicant has addressed the social concerns related to the fear of an un-ending need to apply for defensive registrations in its new gTLD.

The only registrant who will be eligible to initially register a corresponding .XXX name as a new gTLD name is the exact same .XXX registrant who also wishes to become a registrant in the new gTLD; third parties will not be eligible or authorized to initially register any of the existing .XXX registrations into new gTLD registrations. In the event an eligible new gTLD registrant wishes to register a name in the applied for gTLD, such registrant simply needs to indicate their interest in registering that name in the new gTLD and Applicant will facilitate the registration of that name via the usual registrar channels.

Once any new gTLD name is actually registered in the new gTLD (as opposed to being in Applicant’s registry-reserved status), that new gTLD registrant will have the full right in and to that new gTLD name and may elect to use, transfer, delete, etc. the name, in their sole discretion without further reference to, or association with, the underlying .XXX registration. Registered new gTLD names can be sold, transferred and used independent of the corresponding .XXX name and are not considered a “bundled” name in any regard.

Contractual Commitments Regarding Price Escalation

Applicant will provide the automatic grandfathering activities described above free of charge. Applicant will make appropriate contractual commitments to new gTLD registrants and reservants in its launch policies and procedural documents regarding the duration of this free service (e.g., for as long as Registrant maintains its underlying .XXX registration and for as long as Applicant maintains its Registry Services Agreement with ICANN, etc.).

Applicant will also offer new and unique gTLD registrants the opportunity to register new names in the new gTLD. Applicant’s pricing for these registration services will reflect AEI commentary the parent-company has received with regard to its pricing.

Per the ICANN Registry Agreement, Applicant will use only ICANN-accredited registrars and will provide non-discriminatory access to registry services to those registrars. Applicant is committed to working with ICANN and giving registrars notification of any reasonable price escalation; however, Applicant does not have any price escalation built into its forecasts and does not intend to implement price escalation.

Similar gTLD applications: (2)

gTLDFull Legal NameDetail
.adultICM Registry AD LLCView
.pornICM Registry PN LLCView