[Advisors] update on .amazon

[Marita Moll]

Thanks for your responses to the straw poll on .amazon. If you haven't 
responded yet, this battle is far from over. So, don't hesitate to send 
in your input. I have joined a working group which will develop policy 
on geographic top level domain names and I will use your input where 
ever I can.

Meanwhile, today, at the ICANN meeting, a team from Amazon (the company) 
addressed a meeting of the ICANN Government Advisory Committee (GAC). It 
is within the GAC that Amazon's application is being blocked. It was one 
of the hottest topics on the agenda and it was standing room only.

The Amazon presentation suggested the following compromise as a 
solution. They offered several public interest items which would be 
legally binding and enforceable by ICANN with an online complaint form 
and a dispute resolution procedure.

1 They would block all culturally sensitive names at the second level -- 
e.g. .rainforest.amazon

2. There would be an ongoing process to identify other culturally 
sensitive terms and regular consultation with relevant governments on 
such terms.

3 They would actively support applications for .amazonas, .amazonia and 
.amazonica -- other names used for this region -- and would include 
technical and application preparation support for such applications.

Although Brazil, which had originally led the charge against the .amazon 
application, indicated that it was prepared to take some time to 
consider this offer, Peru, one of the other 8 countries included in the 
Amazon basin was furious.

I summarize some of the reactions as follows:

BRAZIL: This is a case that proposes two conflict views. But each view 
is legitimate from their perspectives. Amazon, in its presentation, has 
been selective about advice that was gathered over the terms of this 
discussion choosing only that advice which supports their position. This 
boils down, in our view, to two opposing views which both have intrinsic 
logic. We will looking into your proposal very carefully. There is room 
for us to consider this proposal. We will have to come up with some kind 
of compromise. The precedent does concern us.

PERU: You insist that you have the right because you can pay for it. We 
own the Amazonian region, not you. We would be giving you the permission 
to use a certain word. Not the other way around. We need to consult with 
the native communities and ask them why we should benefit the company 
Amazon and not some other company. You, as a company have a product and 
you want to sell it. You only care about the bottom line. Our survival 
is at stake. We are supposed to believe that we have a place in this 
multi stakeholder system. I don't represent your company. I represent my 
people. /(much longer than this and very passionate. rare applause from 
the room)/

IRAN: This should not be a precedent. We are government and maintain and 
retain a right to discuss and decide accordingly. This is a specific and 
rare occasion. You cannot say we do not have a right to our capital and 
our rivers etc. That is unacceptable.

PORTUGAL: The company has already realized that it has created a problem 
in a very sensitive area. What about the precedent -- other spellings, 
other languages, other regions. Lawyers for Amazon have come up with the 
answers their clients wanted. It is a pandora's box. If Amazon has the 
right to own that term, lots of other companies will do the same. 
Question to Amazon: what is the benefit for you if you keep this name. 
What is the advantage for you to buy this tLD. You are already strong.

INDIA: There will be many cases that will come forward. Do we want to 
have our children recognize the mightiest river in the world or an 
e-commerce platform. In the past we have followed the practice that 
these words are not exclusive. But through .amazon this exclusiveness is 
being sought for. Can a commercial entity use it without the the 
permission of the people of that world? They are the ones who should 
have the first rights to this word.

For more information, here is a website Amazon (the company) has put up 
documenting this saga:

http://amazontld.moi/

<http://amazontld.moi/>

This struggle, which started 2013, is not over yet. The ICANN board has 
sent the matter back to the Government Advisory Council (GAC) for more 
study.

Marita






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