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Domain “slammer” making millions in Oz

Kevin Murphy, January 13, 2017, Domain Registrars

A company accused of the domain slamming scam made over $5 million over three years tricking companies into buying domains they didn’t need, it has been alleged.

Consumer Affairs Victoria, an Australian state government watchdog, has reportedly taken Domain Register Pty Ltd to court, claiming tens of thousands of people had been conned by fake invoices.

The company sent letters that appeared to be renewal notices for .com.au names, but were actually solicitations to buy the matching .com for AUD 249 ($186) a year, an Adelaide court reportedly heard.

Domain Register, which appears to be (or was) a reseller of TPP Wholesale, made AUD 7.7 million ($5.5 million) from 31,000 suckers between 2011 and 2014, according to local reports.

auDA, the .au domain registry, warned about the company as far back as 2011.

An example of a bogus invoice attributed to Domain Register can be found here.

It’s not clear whether the defendant in the case is linked to the Brandon Gray slamming outfit, which has also gone by names including Domain Registry of America, Domain Registry of Europe, Domain Registry of Canada and Domain Renewal Group.

Brandon Gray lost its ICANN accreditation in 2014.

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DCA files for ANOTHER .africa injunction

Kevin Murphy, January 11, 2017, Domain Registries

DotConnectAfrica is continuing its legal attempt to prevent the .africa gTLD from being delegated to a competitor supported by African governments.

The recalcitrant applicant has filed for another temporary restraining order and preliminary injunction that would prevent ICANN handing .africa to the successful applicant, ZA Central Registry, according to ZACR.

DCA’s last application for an injunction was refused by a California judge in December, but last week it renewed its efforts to stymie the long-delayed geo.

ZACR said on its web site yesterday:

On January 4, 2017, DCA filed an ex parte (emergency) temporary restraining order (“TRO”) asking the Court to prevent ICANN from delegating .Africa to ZACR. The Court denied DCA’s ex parte request for a TRO on the grounds that there was no exigency that required an immediate ruling. The Court further clarified that the prior order denying DCA’s preliminary injunction motion was based upon all arguments submitted by ICANN and DCA (thereby rejecting DCA’s contention in its ex parte papers that the ruling did not include ZACR’s arguments). However, the Court agreed to consider DCA’s new arguments as grounds for a new motion for a preliminary injunction. DCA was given until January 6, 2017 to file its motion. ICANN and ZACR shall file opposition papers by January 18, 2017. DCA will then be given an opportunity to file a reply.

The court is scheduled to hear arguments for and against the injunction January 31, ZACR said.

In the meantime, .africa remains in limbo.

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RightSide cuts super-premium fees in half, drops premium renewals

Kevin Murphy, January 11, 2017, Domain Registries

New gTLD registry RightSide has slashed the minimum price of its so-called “Platinum” tier premium domains and dropped renewal fees for these domains down to an affordable level.

The price changes come as part of two new marketing initiatives designed to start shifting more of its 14,000-strong portfolio of super-premiums through brokers and registrar partners.

The minimum first-year price of a Platinum-tier name has been reduced immediately from $50,000 to $25,000.

In addition, these domains will no longer renew every year at the same price. Instead, RightSide has reduced renewals to a more affordable $30.

“We weren’t selling them,” RightSide senior VP of sales and premiums Matt Overman told DI. “There is not a market for $50,000-a-year domain purchases.”

Now, “we feel comfortable enough with amount money we’re going to make up-front”, Overman said.

However, premium renewals are not being abandoned entirely; non-Platinum premium names will still have their original higher annual renewal fees, he said.

RightSide has sold some Platinum names in the five and six-figure range, but the number is quite small compared to overall size of the portfolio.

But Overman said that “none of them sold with a $50,000 renewal”. The highest renewal fee negotiated to date was $5,000, he said.

Before yesterday’s announcements, RightSide’s Platinum names were available on third-party registrars with buy-it-now fees that automatically applied the premium renewal fees.

However, it seems that the vast majority if not all of these sales came via the company’s in-house registrars such as Name.com and eNom, where there was a more flexible “make an offer” button.

Under a new Platinum Edge product, RightSide hopes to bring this functionality to its registrar partners.

It has made all 14,000 affected names registry-reserved as a result, Overman said. They were previously available in the general pool of unclaimed names and available to registrars via EPP.

Each affected name now has a minimum “access fee” of $25,000 (going up to $200,000 depending on name) that registrars must pay to release it.

They’re able to either negotiate a sale with a markup they can keep, or sell at “cost” (that is, the access fee) and claim a 10% commission, Overman said.

A separate Platinum Brokerage service has also been introduced, aimed at getting more professional domain brokers involved in the sales channel.

Brokers will be able to “reserve” up to five RightSide Platinum names for a broker-exclusivity period of 60 days, during which they’re expected to try to negotiate deals with potential buyers.

While no other brokers will be able to sell those names during those 60 days, registrars will still be able to sell those reserved names.

Overman said that if a registrar sells a name during the period it is under exclusivity with a participating broker, that broker will still get a commission from RightSide regardless of whether they were involved in the sale.

“We won’t give that name to any other broker, but if it sells through a registrar they still get their 10%,” he said. The registrar also gets its 10%.

This of course is open to gaming — brokers could reserve names and just twiddle their thumbs for 60 days, hoping to get a commission for no work — but the broker program is expected to be fairly tightly managed and those exploiting the system could be kicked out.

RightSide will be making the case for the two Platinum-branded offerings at the upcoming NamesCon conference in Las Vegas, where it also expects to name its first brokerage partners.

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ICANN retires Affirmation of Commitments with US gov

Kevin Murphy, January 9, 2017, Domain Policy

ICANN has terminated its last formal oversight link with the US government.

Late last week, ICANN chair Steve Crocker and Larry Strickling, assistant secretary at the US National Telecommunications and Information Administration mutually agreed to retire the seven-year-old Affirmation of Commitments.

The AoC, negotiated during the tail end of Paul Twomey’s leadership of ICANN and signed by successor Rod Beckstrom, laid out ICANN’s responsibilities to the US government and, to a lesser extent, vice versa.

It included, for example, ICANN’s commitments to openness and transparency, its promise to remain headquartered in California, and its agreement to ongoing reviews of the impact of its actions.

Ongoing projects such as the Competition and Consumer Trust Review originate in the AoC.

The rationale for concluding the deal now is that most of significant provisions of the AoC have been grandfathered into ICANN’s revised bylaws and other foundational documents following the IANA transition, which concluded in October.

Reviews such as the CCT and the lock on its California HQ are now in the bylaws and elsewhere, ICANN said in a blog post.

It’s worth mentioning that the US gets a new administration led by Donald Trump in a little over a week, so it probably made sense to get the AoC out of the way now, lest the new president do something insane with it.

The letters from Crocker and Strickling terminating the deal can be read together here (pdf).

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Termination on the .orientexpress

Kevin Murphy, January 6, 2017, Domain Registries

The dot-brand .orientexpress has derailed. That’s a train pun, expect more.

The gTLD operator has become the latest to signal (like a railway signal) to ICANN that it no longer wishes to run its dot-brand, this week asking for a contract cancellation (like a train cancellation).

Despite having left the station (like a train station) in February 2015, it only ever registered its mandatory nic.orientexpress domain, and that doesn’t even resolve any more, according to DI PRO tracking (like a train track).

While the Orient Express brand is familiar to many due to the famous Agatha Christie murder mystery novel, it’s been applied to multiple train companies and journeys over the years.

The gTLD was originally applied for, unopposed, in 2012 by Orient-Express Hotels. However, that company renamed itself to Belmond in 2014.

Belmond still runs a luxury train route bearing the Orient Express name, but apparently its devotion to the brand has run out of steam (like a steam train) and its gTLD was no longer just the ticket (like a train ticket).

It’s the 20th dot-brand to change its mind about owning a gTLD after its ICANN Registry Agreement was already signed.

According to DI PRO stats, almost 100 dot-brands are actively using their domains currently, so it’s not as if the concept has been a complete train wreck (like a train train wreck).

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