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.xyz, .club and .vip get the nod to sell in China

Kevin Murphy, December 5, 2016, Domain Registries

The Chinese government has granted licenses to operate in the country to its first tranche of new gTLDs — .vip, .club and .xyz.

The agreements mean that Chinese registrars will be able to give their Chinese customers the ability to actually use their domains for web sites.

It also means the companies will be obliged to censor domains the government does not like, but only those domains registered via Chinese registrars.

The Ministry of Industry and Information Technology announced the licenses, given to the Chinese subsidiaries of Minds + Machines, .CLUB Domains and XYZ.com respectively, today.

M+M CEO Toby Hall told DI that it’s “a great moment of support for Chinese registrars”, giving them a “very clear signal about which TLDs they can focus on”.

XYZ.com said in a blog post that some of its Chinese registrars (its biggest channel) are planning on offering discounts to celebrate the approval.

It’s always been possible for Chinese people to register new gTLD domains via Chinese registrars — it’s estimated that 42% of the 27 million new gTLD domains in existence today are Chinese-owned.

However, Chinese citizens need a government license if they want to launch a web site, and the government only issues licenses for domains in approved TLDs.

In addition to .cn and China-based gTLDs, which were the first to be given the nod, Verisign was approved earlier this year for .com.

Hall said that while .vip has been popular with Chinese domainers, the MIIT license means it can start to tap the small business market there too.

Obtaining the license means that the three registries, which are all based in the US or Europe, will have to comply with Chinese regulations when it comes to Chinese customers.

That basically means the Chinese government gets to censor pretty much anything it doesn’t like, up to and including sites that “spread rumors”.

Hall said that there’s no chance of this censorship bleeding out to affect non-Chinese customers.

M+M, along with XYZ and .CLUB, are using Chinese registry gateway ZDNS to act as a proxy between their own back-ends (Nominet for .vip, Neustar for .club and CentralNic for .xyz) and Chinese registrars.

“All of our Chinese web sites go through ZDNS, so only web sites going through ZDNS would be affected,” Hall said, referring to the censorship rules.

Hall added that he was “not aware” of there being a blocklist of politically sensitive strings that Chinese customers are not allowed to register.

Donuts loses $22.5m .web lawsuit as judge rules gTLD applicants cannot sue

Kevin Murphy, November 30, 2016, Domain Registries

The promise not to sue ICANN that all new gTLD applicants made when they applied is legally enforceable, a California judge has ruled.

Judge Percy Anderson on Monday threw out Donuts’ lawsuit against ICANN over the controversial $135 million .web auction, saying the “covenant not to sue bars Plaintiff’s entire action”.

He wrote that he “does not find persuasive” an earlier and contrary ruling in the case of DotConnectAfrica v ICANN, a case that is still ongoing.

Donuts sued ICANN at first to prevent the .web auction going ahead.

The registry, and other .web applicants, were concerned that ultimately successful bidder Nu Dot Co was being covertly bankrolled by Verisign, which turned out to be completely correct.

Donuts argued that ICANN failed to adequately vet NDC to uncover its secret sugar daddy. It wanted $22.5 million from ICANN — roughly what it would have received if the auction had been privately managed, rather than run by ICANN.

But the judge ruled that Donuts’ covenant not to sue is enforceable. Because of that, he made no judgement on the merits of Donuts’ arguments.

Under the relevant law, Donuts had to show that the applicant contract was “unconscionable” both “procedurally” and “substantively”.

Basically, the question for the judge was: was the contract unfairly one-sided?

The judge ruled (pdf) that it was not substantively unconscionable and “only minimally procedurally unconscionable”. In other words: a bit crap, but not illegal.

He put a lot of weight on the fact that the new gTLD program was designed largely by the ICANN community and on Donuts’ business “sophistication”. He wrote:

Without the covenant not to sue, any frustrated applicant could, through the filing of a lawsuit, derail the entire system developed by ICANN to process applications for gTLDs. ICANN and frustrated applicants do not bear this potential harm equally. This alone establishes the reasonableness of the covenant not to sue.

Donuts VP Jon Nevett said in a statement yesterday that the fight over .web is not over:

Donuts disagrees with the Court’s decision that ICANN’s required covenant not to sue, while being unconscionable, was not sufficiently unconscionable to be struck down as a matter of law. It is unfortunate that the auction process for .WEB was mired in a lack of transparency and anti-competitive behavior. ICANN, in its haste to proceed to auction, performed only a slapdash investigation and deprived the applicants of the right to fairly compete for .WEB in accordance with the very procedures ICANN demanded of applicants. Donuts will continue to utilize the tools at its disposal to address this procedural failure.

It looks rather like we could be looking at an Independent Review Process filing, possibly the first to be filed under ICANN’s new post-transition rules.

Donuts and ICANN are already in the Cooperative Engagement Process — the mediation phase that usually precedes an IRP — with regards .web.

Second-placed bidder Afilias is also putting pressure on ICANN to overturn the results of the auction, resulting in a bit of a public bunfight with Verisign.

TL;DR — don’t expect to be able to buy .web domains for quite a while to come.

After shaky start, .blog launches today

Kevin Murphy, November 21, 2016, Domain Registries

The new gTLD .blog goes into general availability today, after some mild controversy about the way the registry allocated reserved domain names.

Knock Knock Whois There, the registry affiliated with WordPress maker Automattic, last week apologized to some would-be customers for declining to honor some landrush pre-registrations.

Some registrants had complained that domains that were accepted for pre-registration were subsequently added to KKWT’s list of registry-reserved names, making them unavailable for registration.

KKWT said in a blog post Thursday that the confusion was due to it not having finalized its reserved list until just before its landrush period kicked off, November 2.

Registrars, including those accepting pre-registrations, were not given the final lists until the last minute.

Landrush applications cost around $250 but were refundable.

KKWT also revealed the make-up of its founders program domains, the 100-strong list of names it was allowed to allocate pre-sunrise.

The founders program currently seems to be a bit of a friends-and-family affair.

Of the 25 live founder sites currently listed, about 20 appear to be owned by the registry, its employees and close affiliates.

The registry said in its blog post that 25 super-generic domains had been given to WordPress.com. It seems the blog host will offer third-level names in these domains for free to its customers.

.blog had 1,743 domains in its zone file yesterday.

General availability starts about 30 minutes from the time this post was posted, at 1500 UTC. Prices are around the $30 mark.

Famous Four exec moves to CentralNic

Kevin Murphy, November 21, 2016, Domain Registries

Famous Four Media has lost its chief marketing officer to CentralNic.

Andy Churley joined the London-based registry services provider as group marketing manager this month, according to press release.

He’s been with FFM for the first few years of its entry into the gTLD game, overseeing the launches of cheap TLDs such as .science, .download and .bid.

Previously, he was with the registrar Group NBT.

CentralNic now of course is also in the registrar business, having acquired Internet.bs and Instra over the last few years.

.food goes live, and it’s a closed generic

Kevin Murphy, November 15, 2016, Domain Registries

The new gTLD .food went live in the DNS on Friday, but nobody except the registry will be able to register domains there.

In what I would argue is one of the new gTLD program’s biggest failures, .food will be a dot-brand, closed to all except the “brand” owner.

The registry is Lifestyle Domain Holdings, a subsidiary of US media company Scripps Networks.

Scripps runs the Food Network TV station in the States and the site Food.com. It has a trademark on the word “Food”.

Its registry agreement for .food, signed back in April, includes Specification 13, which allows registries to restrict all the second-level domains to themselves and their affiliates.

So food producers, restaurants, chefs and the like will never be able to use .food for their web sites.

ICANN signed the contract with Scripps despite objections from several entities including the Australian government, which warned “restricting common generic strings, such as .food, for the exclusive use of a single entity could have a negative impact on competition”.

Under ICANN rules hastily cobbled together after outrage over so-called “closed generics”, a registry cannot run as a dot-brand a gTLD that is:

a string consisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or things, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others.

Almost all applications flagged as closed generics were subsequently amended to make them restricted but not brand-exclusive. Scripps was the major hold-out.

The loophole that allowed .food to stay in exclusive hands appears to be that Scripps’ trademark on “Food” covers television, rather than food.

If .food winds up publishing content about food, such as recipes and healthy eating advice, I’d argue that it would go against the spirit of the rules on closed generics.

It would be a bit like Apple getting .apple as a Spec 13 dot-brand and then using the gTLD to publish content about the fruit rather than computers.

No sites are currently live in .food.