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Donuts makes Hollywood content policing deal

Kevin Murphy, February 9, 2016, Domain Registries

Donuts has made a deal with the American movie industry that will make it easier to take down piracy domains.

The Motion Picture Association of America has been given a “Trusted Notifier” status, and the two companies have agreed upon a domain take-down framework.

The agreement targets “large-scale pirate websites”, Donuts said.

It’s the first such deal Donuts has made, executive VP Jon Nevett told DI, but it’s likely to be extended into other industries, possibility including music, pharmaceuticals and child abuse prevention.

“This could be a model for not just content-related issues,” he said.

Nevett did not want to get into much detail about the specifics of the take-down process by discussing the definition of “large scale” or timing, but he did say that the MPAA has an obligation to do manual research into each domain it wants suspending.

After it receives a report from the MPAA, Donuts will reach out to the registrar and registrant to ask for an explanation of the alleged piracy.

A decision to suspend the domain or leave it alone would be made “solely in our discretion”, Nevett said.

Donuts already has this in its acceptable use policy, which reads in part:

Donuts reserves the right, at its sole discretion and at any time and without limitation, to deny, suspend, cancel, redirect, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it determines necessary for any of the following reasons:

domain name use is abusive or violates this AUP, or a third party’s rights or acceptable use policies, including but not limited to the infringement of any copyright or trademark;

While Donuts is the registry for .movie and .theater, the MPAA agreement applies to all of its almost 200 gTLDs.

The announcement comes the day before the Domain Name Association meets to discuss its Healthy Domains Initiative.

Nevett said that DNA members will meet tomorrow with law enforcement, IP owners, and abuse prevention and security folk to seek input on the question “What are tenets of healthy domain ecosystem?”

That input will be discussed at a subsequent DNA meeting, likely to coincide with the ICANN meeting in Marrakech this April.

The eventual goal is to come up with a set of voluntary best practices for registries and registrars.

Nevett stressed that the MPAA deal, and whatever the DNA comes up with, are voluntary agreements made outside the auspices of ICANN’s contracts.

Despite this, the “Trusted Notifier” concept does put me in mind of section 3.18 of the Registrar Accreditation Agreement, where governmental or affiliated entities are given special powers to have dodgy domains investigated and suspended.

New gTLDs top 12 million domains

Kevin Murphy, February 9, 2016, Domain Registries

The new gTLD universe passed 12 million domains for the first time today, according to zone files.

Today, we counted 12,001,346 domains across all the 2012-round gTLD zones, up by just under 60,000 names on the day.

Over 50,000 of the new names were split fairly evenly between .xyz and .club, which seem to be the beneficiaries of a domainer surge that’s been going on for the last four days.

As of today, .club has overtaken .wang to be the third-largest zone, with 638,565 names.

It’s taken less than one month for the new gTLDs to add their latest million names.

Our total zone file count topped 11 million on January 12.

.xyz alone has added over 380,000 names since then; .club another 90,000. Most of that growth has come in the last seven days.

Second-placed budget Chinese-run gTLD .top has added over 95,000 names in the last 30 days.

Zone files don’t take account of domains that are registered but don’t have name servers, so the actual number of registered names will be slightly higher.

.xyz passed two million names, growing like crazy

Kevin Murphy, February 9, 2016, Domain Registries

The .xyz gTLD at the weekend became the first new gTLD to pass the two million domains mark, as it experiences ridiculously fast growth.

Its zone file has grown by 274,315 domains in the last seven days, hitting 2,092,346 yesterday.

It added 130,000 names on Saturday alone.

That’s the kind of growth more usually associated with .com, and pre-2012 new TLD launch periods.

It’s reasonable to assume that the majority of these names are being registered for investment purposes. It seems Chinese registrars processed much of the spike.

But XYZ.com isn’t the only registry that saw a big spike over the weekend.

.CLUB Domains’ .club added almost 44,000 names to its zone between Saturday and Monday. Its usual daily add rate is around the 1,000 mark.

Windfalls still biggest money-spinner for M+M

Kevin Murphy, February 3, 2016, Domain Registries

Minds + Machines is still pulling in most of its cash from one-time new gTLD auction defeats, according to its latest trading update.

The company yesterday reported billings for 2015 of $7.92 million, up from $5.03 million in 2013.

But the company brought in $9.15 million by pulling out of private new gTLD auctions, where the winning bid is shared among the losers. That’s down from $37.5 million in 2014.

“Billings” is the money make at the point of sale, rather than audited revenue which is recognized over the life of the registration. Revenue numbers will come in April.

For the fourth quarter, sales of both premium and standard-fee names were up.

Premium names were up 215% at $1.52 million, which standard name billings were up 184% at $2.66 million.

The company said its registry business ended the year with 278,523 names under management, a 158% increase on year-ago numbers.

M+M met or beat its “key performance indicator” targets in terms of average revenue per name (both standard and premium) and sales growth.

However, the Chinese market boom caused it to miss its market share KPI.

It blamed missing the low end of its 3% to 5% new gTLD market share target by half a percentage point on the rapid growth of China.

The money being pumped into domain names from China in the second half of last year tends to favor the budget end of the new gTLD market, where names can be picked up for cents, whereas M+M’s TLD mix is skewed a little higher.

M+M said last week that it plans to open an office in China soon.

$41m auction loser tries to slam brakes on .shop

Kevin Murphy, February 1, 2016, Domain Registries

Lawyer-happy gTLD applicant Commercial Connect has put GMO Registry’s $41 million purchase of the new gTLD .shop in jeopardy by filing an appeal with ICANN.

On January 26 — the day before the .shop auction — the Connecticut-based company filed an Independent Review Process complaint with ICANN, asking a panel of judges to enjoin ICANN from delegating .shop or even signing a registry contract with GMO.

It’s applied for “emergency” relief. Its full IRP complaint has yet to be filed.

GMO won a seven-way ICANN auction for .shop last week, agreeing to pay $41.5 million into ICANN coffers.

The IRP news will not be particularly surprising for anyone who has followed the .shop contention set closely.

Commercial Connect has deployed pretty much every legal avenue available to it in order to win .shop, which had eight competing applications.

It applied as a “community” applicant, but unsurprisingly failed to meet the stringent criteria that a Community Priority Evaluation requires.

It scored a measly 5 out of the 16 available CPE points, missing the 14-point target.

The company also spunked goodness knows how much cash filing 21 formal objections against other gTLD applicants — ridiculous complaints that “.supply” or “.セール” or “.services” were “confusingly similar” to .shop.

It actually managed to win two of its string similarity challenges, when panelists apparently decided to write their judgments before their morning coffee had kicked in.

It was probable that .shopping and .通販 would be confused with .shop in the mind of the average internet user, these panelists decided.

The .通販 decision was thrown out when sanity prevailed, but the .shopping decision stood. Only a recent back-room deal between Uniregistry and Donuts prevented the .shop auction being a head-explodingly confusing mess.

Now, with its IRP, Commercial Connect is claiming that the whole CPE system goes against ICANN rules.

According to its initial complaint, the fact that the CPE adjudicator, the Economist Intelligence Unit, came up with its own supplemental “CPE Guidelines” means that the the CPE system is not “ICANN policy” and should therefore be disregarded.

At first glance, it seems weak. But I said the same about the DotConnectAfrica IRP case, which DCA won.

IRP panels have been known to be somewhat “activist” (not necessarily a bad thing) recently, so it’s hard to call which way they will swing in any specific case.

But it does seem quite possible that the emergency relief that Commercial Connect requests — that is, no .shop contract until the IRP is over — will be granted.

For GMO, that means it’s just spent $41.5 million on a gTLD it probably won’t be able to launch for well over a year.

It’s perhaps interesting that Commercial Connect doesn’t seem to make any reference in its IRP to its original 2000-round application for .shop.

If that comes up in future filings, it could open up an entirely new can of worms.