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Krueger’s suit against M+M dropped, for now

Former Minds + Machines chair Fred Krueger has dropped his lawsuit against the company, which concerned “missing” shares.

M+M announced today that the two parties have signed a “tolling agreement”, which apparently leave the door open for Krueger to re-file the suit at a later date.

If he does re-file, the company has agreed to the date of the original suit being filed if it deploys any statute of limitations defenses.

The company said in a statement to investors:

The Tolling Agreement provides that if the plaintiffs refile their suit, that any statute of limitation defenses of the defendants will be based on the date of the filing of the dismissed suit, 23 February 2016, but will not be deemed to revive any of the plaintiffs’ causes of action, claims, rights, legal positions, or defenses, at law or in equity, that were time-barred prior to 23 February 2016.

Krueger sued claiming M+M or its accountants had misplaced five million shares he was due.

He was looking for $1.5 million in damages.

New .sucks logo actually kinda sucks

Vox Populi has revealed a new logo for its .sucks gTLD.

Here it is. What do you think?

In going for a retro, 8-bit vibe, has Vox deliberately gone for a look that actually kinda sucks? Is that the joke? Or do you like it?

The company said on its blog:

The program is designed to portray the tight link between the ubiquity of digital technology and the individual’s long-standing right of free expression. Moving from a softer blue image to a sharper black-and-white logo that evokes a computer’s font better honors the role the internet plays as a modern day soapbox

Previously, the .sucks logo was the brand inside a speech bubble. sucks logo

The logo comes with a relaunched web site at get.sucks and a billboard advertising campaign that has included a stint in New York’s Times Square, as seen in this registry-supplied photo.

Times Square ad

The gTLD has been in general availability since June 2015 and has about 7,500 names in its zone file today, growing at roughly three to four domains per day over the last few months.

XYZ settles Verisign’s back-end switcheroo lawsuit

XYZ.com has settled a lawsuit filed against it against Verisign stemming from XYZ’s acquisition of .theatre, .security and .protection.

Verisign sued the new gTLD registry operator for “interfering” with its back-end contracts with the previous owners last August, as part of its campaign to compete against new gTLDs in the courtroom.

XYZ had acquired the .security and .protection ICANN contracts from security Symantec, and .theatre from a company called KBE Holdings.

As part of the transitions, all three applications were modified with ICANN to name CentralNic as the back-end registry services provider, replacing Verisign.

Verisign sued on the basis of tortious interference and business conspiracy. It was thrown out of court in November then amended and re-filed.

But the case appears to have now been settled.

Negari issued a grovelling not-quite-apology statement on his blog:

I am pleased to report that the recent case filed by Verisign against CentralNic, Ltd., XYZ and myself has been settled. After looking at the claims in dispute, we regret that as a result of our acquisition of the .theatre, .security and .protection extensions and our arrangement for CentralNic to serve as the backend service provider for these extensions, that Verisign was prevented from the opportunity to pursue monetization of those relationships. As ICANN’s new gTLD program continues to evolve, we would caution others who find themselves in similar situations to be mindful of the existing contracts extension owners may have with third parties.

Registries changing their minds about their back-end provider is not unheard of.

In this case, large portions of Verisign’s final amended complaint were redacted, suggesting some peculiarities to this particular switch.

If there was a monetary component to the settlement, it was not disclosed. The original Verisign complaint had demanded damages of over $2 million.

Donuts quietly buys .shopping from Uniregistry (and .jetzt)

Just a few months after Uniregistry bought out Donuts to win .shopping, Donuts has bought the pre-launch gTLD back.

Donuts has also bought live gTLD .jetzt from a Swedish company.

The .shopping deal is a weird one.

Uniregistry and Donuts were the only two applicants for .shopping, until Uniregistry paid Donuts to withdraw its application back in January.

Uniregistry went on to sign its ICANN Registry Agreement in March, but less than a month later, April 27, transferred the contract to Donuts.

.shopping had been entangled in the .shop contention set, which was eventually resolved when GMO Registry paid $41.5 million at ICANN auction.

Despite the unusual circumstances, Uniregistry CEO Frank Schilling said today it was just the simple sale of a string. Donuts declined to comment. Neither revealed a price.

The second Donuts acquisition, closed April 26, was of .jetzt, which was applied for, delegated to and managed by New TLD Company AB of Sweden.

That gTLD, which is German for “.now”, has been in general availability for almost two years but has only 5,600 names in its zone file.

Donuts declined to comment, but it seems to me we’re looking at a failing gTLD looking for a white knight in this instance.

Radix joins the Hollywood content police

Radix has become the second major gTLD registry to announce a content policing deal with the movie industry.

It today said it has signed an agreement with the Motion Picture Association of America similar to the one Donuts announced in February.

Like Donuts, Radix will treat the MPAA as a “trusted notifier” for the purposes of taking down “large-scale pirate websites”.

Radix said the deal “imposes strict standards for such referrals, including that they be accompanied by evidence of clear and pervasive copyright infringement, and a representation that the MPAA has first attempted to contact the registrar and hosting provider for resolution.”

Donuts described its notifier program in this document (pdf). Radix said its arrangement is “similar”.

The Donuts-MPAA deal proved somewhat controversial.

The Electronic Frontier Foundation invoked the slippery slope argument, saying of it:

The danger in agreements like this is that they could become a blanket policy that Internet users cannot avoid. If what’s past is prologue, expect to see MPAA and other groups of powerful media companies touting the Donuts agreement as a new norm, and using it to push ICANN and governments towards making all domain name registries disable access to an entire website on a mere accusation of infringement.

The EFF said these kinds of deals could ultimately lead to legal freedom of speech being curtailed online.

We’re not quite there yet — right now we have two gTLD registries (albeit covering over 200 gTLDs) and one trusted notifier — but I expect more similar deals in future, branching out into different industries such as music and pharamaceuticals.

The deals stem in part from the Domain Name Association’s Healthy Domains Initiative, which aims to avoid ICANN/government regulation by creating voluntary best practices for the industry.

The advantage of a voluntary arrangement is that there’s no risk of a terminal sanction — such as losing your registry contract — if you fail to live up to its terms.

Radix’s portfolio includes .website, .space, .online and .tech. It’s also a .music and .web applicant.