Fox seems set to become an unexpectedly early adopter of its dot-brand gTLD, .fox.
The only live .fox web site, nic.fox, is currently promising that the gTLD will become “the next big thing” in “Spring 2016”.
On the site, a glossy, quick-cut show-reel of Fox media carries the text:
Cue the lights. Roll the cameras. The next big thing is coming. And you’re invited. Welcome to .FOX. Spring 2016.
.fox will be a “a trusted digital space for everything you love about Fox” the site promises.
It suggests that Fox content in DVD, Blu-ray and Digital HD formats will be available via .fox web sites.
.fox has only been in the root since late November; its owners have not so far appeared to be champing at the bit to get their dot-brand online, and Fox has not exactly been enthusiastic about new gTLDs.
Its IP lawyers were some of the most outspoken critics of the program in its early days, estimating they would have to spend millions of dollars on defensive registrations.
Not only has that not happened, but Fox now seems to be grasping the “trusted source” dot-brand sales pitch with both hands.
It’s going to be interesting to see not only what the company has up its sleeve, but also how extensively it is promoted.
Registrars are ignoring new provisions in their .sucks contracts that they say amount to a “gag order”.
In a letter (pdf) to ICANN from its Registrars Stakeholder Group, the registrars ask for ICANN to convene a face-to-face negotiation between themselves and .sucks registry Vox Populi, adding:
Until such time, the Registrars believe that the amendments are not yet in effect and will continue to operate under Vox Populi’s existing RRA.
That means they’re working on the assumption that the controversial changes to the .sucks Registry-Registrar Agreement, sent to ICANN by Vox in December, have not yet been approved.
Vox Pop, on the other hand, has told ICANN that the changes came into effect January 6.
As we reported at the weekend, the registry is taking ICANN to formal mediation, saying ICANN breached the .sucks Registry Agreement by failing to block the changes within the permitted 15-day window.
The registrars’ letter was sent January 20, one day before Vox Pop’s mediation demand. The Vox letter should probably be read in that context.
The registrars have a problem with two aspects of the changed RRA.
First, there’s a clause that allows Vox to change the contract unilaterally in future. Registrars say this makes it a contract of “adhesion”.
Second, there’s a clause forbidding registrars taking “action to frustrate or impair the purpose of this Agreement”. Registrars read this as a “gag order”, writing:
Many Registrars not only serve as retail outlets for the purchase of domain names, but also provide consultative services to their clients on TLD extensions and their domain name portfolios. In conjunction with the provision of those services, registrars often opine on new gTLD and ccTLD extensions, the TLDs policies, pricing methodologies, security provisions and overall utility. These provisions could easily be read to inhibit such activities and restrict a registrar’s ability to offer those valuable services.
That’s referring primarily to corporate registrars working in the brand protection space, which are kinda obliged to offer .sucks for their clients’ defensive purposes, but still want to be able to criticize its policies and pricing in public.
ICANN has yet to respond to the request for a sit-down meeting between the registry and registrars.
However, given that Vox has invoked its right to mediation, it seems likely that that process will be the focus for now.
Mediation lasts a maximum of 90 days, which means the problem could be sorted out before April 20.
Vox Populi is taking ICANN to mediation over a row about what some of its registrars call a “gag order” against them.
Its lawyers have sent ICANN a letter demanding mediation and claiming ICANN has breached the .sucks Registry Agreement.
I believe it’s the first time a new gTLD registry has done such a thing.
The clash concerns changes that Vox Populi proposed for its Registry-Registrar Agreement late last year.
Some registrars believe that the changes unfairly give the registry the unilateral right to amend the RRA in future, and that they prevent registrars opposed to .sucks in principle from criticizing the gTLD in public.
I understand that a draft letter that characterizes the latter change as a “gag order” has picked up quite a bit of support among registrars.
ICANN has referred the amended draft of the .sucks RRA to its Registrars Stakeholder Group for comment.
But Vox Pop now claims that it’s too late, that the new RRA has already come into force, and that this is merely the latest example of “a pattern on ICANN’s part to attempt to frustrate the purpose and intent of its contract with Vox Populi, and to prevent Vox Populi from operating reasonably”.
The registry claims that the changes are just intended to provide “clarity”.
Some legal commentators have said there’s nothing unusual or controversial about the “gag” clauses.
But the conflict between Vox and ICANN all basically boils down to a matter of timing.
Under the standard Registry Agreement for new gTLDs, registries such as Vox Pop are allowed to submit proposed RRA changes to ICANN whenever they like.
ICANN then has 15 calendar days to determine whether those changes are “immaterial, potentially material or material in nature.”
Changes are deemed to be “immaterial” by default, if ICANN does not rule otherwise within those 15 days.
If they’re deemed “material” or “potentially material”, a process called the RRA Amendment Procedure (pdf) kicks in.
That process gives the registrars an extra 21 days to review and potentially object to the changes, while ICANN conducts its own internal review.
In this case, there seems to be little doubt that ICANN missed the 15-day deadline imposed by the RA, but probably did so because of some clever timing by Vox.
Vox Pop submitted its changes on Friday, December 18. That meant 15 calendar days expired Monday, January 3.
However, ICANN was essentially closed for business for the Christmas and New Year holidays between December 24 and January 3, meaning there were only three business days — December 21 to 23 — in which its lawyers and staff could scrutinize Vox’s request.
Vox Pop’s timing could just be coincidental.
But if it had wanted to reduce the contractual 15 calendar days to as few business days as possible, then December 18 would be the absolute best day of the year to submit its changes.
As it transpired, January 3 came and went with no response from ICANN, so as far as Vox is concerned the new RRA with its controversial changes came into effect January 6.
However, on January 8, ICANN submitted the red-lined RRA to the RrSG, invoking the RRA Amendment Procedure and telling registrars they have until January 29 to provide feedback.
Vox Pop’s lawyer, demanding mediation, says the company was told January 9, six days after ICANN’s 15-day window was up, that its changes were “deemed material”.
Mediation is basically the least-suey dispute resolution process a registry can invoke under the RA.
The two parties now have a maximum of 90 days — until April 20 — to work out their differences more or less amicably via a mediator. If they fail to do so, they proceed to a slightly more-suey binding arbitration process.
In my opinion, ICANN finds itself in this position due to a combination of a) Vox Pop trying to sneak what it suspected could be controversial changes past its staff over Christmas, and b) ICANN staff, in the holiday spirit or off work entirely, dropping the ball by failing to react quickly enough.
While I believe this is the first time a 2012-round gTLD registry has gone to dispute resolution with ICANN, Vox did threaten to sue last year when ICANN referred its controversially “predatory” launch plans to US and Canadian trade regulators.
There was a small turn-out for the premium launch of .cars, .car and .auto gTLDs, but the registry says it cleared over $1 million in revenue.
The three gTLDs are run by Cars Registry, a venture between Uniregistry and XYZ.com.
They all finished their pricey Early Access Periods yesterday and are due to enter general availability today.
The EAP started January 12 with prices of $45,000 per domain. In GA, they won’t cost you less than $2,000.
While zone files show almost no new domains appearing between January 12 and today — three or four per domain at most — Uniregistry CEO Frank Schilling said EAP was a “success”.
“More than 100 dealers and brands took advantage of sunrise and EAP,” he said.
It appears there are a few dozen domains not appearing in zone files yet.
The three gTLDs combined have brought in over $1 million during EAP, Schilling said.
XYZ.com may be best known for its budget .xyz gTLD, but its portfolio is increasingly leaning toward the super-premium end of the industry price range.
The company entered Early Access Period with its .security, .protection and .theatre gTLDs today, and they ain’t cheap.
.security and .protection are expected to carry retail prices of $3,000 a year, when they hit general availability a week from now.
Today, they’re $65,000 apiece, with the price reducing to $35,000, $15,000, $8,750 and $5,000 over the coming days.
Meanwhile, .theatre starts at $64,000, going down to $32,000, $14,000, $7,000 and $4,000 before finally settling at the GA RRP of $750.
All three gTLDs were acquired by XYZ.com from other applicants.
That was also the case for .cars, .car and .auto, which XYZ runs in a joint venture with Uniregistry, where retail prices are roughly $2,500.
In terms of competition, .security and .protection are probably up against .trust, while .theatre may well find itself in competition with .tickets, which has made inroads in Broadway.