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Donuts wins .gifts, .sarl and .restaurant

Donuts has won the contention sets for three new gTLDs, at least two of which seem to have come as the result of an Applicant Auction auction.

It beat mySARL to .sarl, Lucy Ventures to .gifts and Uniregistry, Minds + Machines and Famous Four to .restaurant. All of these rival bidders have withdrawn their applications now.

.sarl is a company designator in some French-speaking countries, including France.

.restaurant is interesting because it will be competing against .rest. While I prefer .restaurant, .rest’s backers believe it has broader appeal in non-English-speaking nations.

.gifts will be competing against Uniregistry’s .gift, which currently has 5,781 registrations.

Since I was told that Applicant Auction had settled 10 contested gTLDs almost two weeks ago, 11 contention sets have been resolved by withdrawals.

I’m guessing one of these fights was settled by other means. Donuts has been known to make private deals on occasion.

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.uk launches with Stephen Fry as anchor tenant

Nominet has launched its controversial .uk service, enabling Brits and others to register directly at the second level for the first time.

It did so with an endorsement from quintessential uber-Brit, gadget nut, Apple slave and national treasure Stephen Fry and a marketing splash including a .uk domain apparently visible from 35,000 feet up.

This sign has been placed in one of the main flight paths into Heathrow. Readers flying in to London for ICANN 50 later this month might want to ask for a window seat.

Nominet

Actor/author/comedian Fry was the first to be given a .uk today. He’s switched from stephenfry.com to stephenfry.uk as a result — the .com is already redirecting to the .uk.

He said in a blog post:

It’s only three harmless key-presses, you may think. A year or so back I wrote that it seemed to me annoying and lax of the British internet authority (if such a body ever existed, which it didn’t and doesn’t) when domain names were being handed that they were so inattentive and their eyes so off the ball. How come Germany could have .de, France .fr, South Africa .za, Italy .it etc etc etc? And we poor British had to have the extra exhaustion of typing .co.uk. Three whole keystrokes. It doesn’t stack up to much when compared to other howling injustices in the world. The length of time poor students and tourists have to queue to get an Abercrombie and Fitch polo shirt for example, but nonetheless it has been a nuisance these twenty years or so.

His involvement has helped the news hit many of the major daily newspapers in the UK today.

This is how to launch a TLD.

Fry’s friend Prince Charles was given princeofwales.uk last December, among 69 domains previously under .gov.uk that the government requested receive special treatment.

While new .uk addresses are available to register now, you won’t be able to immediately register one that matches a .co.uk unless you’re the owner of that .co.uk.

All .co.uk registrants have been given five years to decide whether they want the .uk equivalent, which carries a £2.50-a-year fee ($4.20), assuming a multi-year registration.

That’s the same as a .co.uk. Assuming .uk gets good uptake and that most registrants will keep their .co.uk names for the foreseeable future, Nominet’s accounts could be in for a significant boost.

Owners of .org.uk or .me.uk names only get the free reservation if the matching .co.uk is not already registered. Otherwise, they have to wait five years like everyone else.

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Breaking: Go Daddy files for $100 million IPO

Go Daddy has filed its S-1 registration form with the US Securities and Exchange Commission, signalling its intention to go public.

The filing reveals the company plans to raise $100 million with the share sale.

Go Daddy’s revenue for 2013 was $1.1 billion, up from $910.9 million in 2012, the filing reveals.

But the company said it uses “bookings” as a measure of its success, due to the way its revenue is collected up-front but recognized on its books over the term of the domain or hosting contract.

Bookings were $1.4 billion in 2013, up from $1.25 billion in 2012.

Go Daddy is loss-making, recording a net loss of $199.8 million in 2013 and $279 million in 2012.

The company has 57 million domains under management and hosts 8.5 million web sites, according to the S-1. Those are spread between 12 million customers, a number that grew by 1.3 in 2013.

A surprising 24% of its sales come via its customer service people; the rest comes through its web site.

Go Daddy planned to IPO in 2006, but subsequently yanked the offering due to “market uncertainties” and then-CEO Bob Parsons’ apparent discomfort with the process.

In 2011 the company was taken over by the investment firms KKR, Silver Lake Partners, and Technology Crossover Ventures, paying a reported $2.25 billion for a 65% stake.

Since then, an eventual IPO has not been a matter of if, but when.

I’m tweeting more nuggets from the S-1 as I find them.

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Famous Four makes $175,000 from .webcam porn names

Kevin Murphy, June 9, 2014, Domain Sales

Famous Four Media has sold a package of 15 .webcam domain names to an unspecified buyer for a total of $175,000.

The deal included tube.webcam, asian.webcam and milf.webcam, which Famous Four described as “adult oriented”.

Whois records for the domains are not yet available.

The .webcam gTLD is due to go to general availability today, alongside .bid and .trade. Together, they’re the registry’s first three gTLDs to hit GA.

It’s not an explicitly adult-oriented gTLD, but “cam” sites are a pretty big deal in the world of porn nowadays, so it’s easy to guess where .webcam will get most of its action.

The $175,000 deal — almost the full new gTLD application fee — was brokered by HuntingMoon, which specializes in adult industry names, in collaboration with Media Options and Domain Broker UK.

The deal follows hot on the heels of the $3 million sale of sex.xxx.

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How NetSol opts you in to cybersquatted .xyz names

Clear-cut cases of cybersquatting seem to be among those .xyz domain names that Network Solutions has registered to its customers without their explicit request.

Some of the domains I’ve found registered in .xyz, via NetSol to the registrants of the matching .com or .net names, include my-twitter.xyz, facebook-liker.xyz and googledia.xyz.

Domains including other brands, such as Rolex, Disney, iPhone, Amazon and Pepsi can also be found registered to third parties, via NetSol, in .xyz’s zone today.

They’re all registered via NetSol’s Whois privacy service, which lists the registrant’s “real” name in the Whois record, but substitutes mailing address, email and phone number with NetSol-operated proxies.

I think the chance of these names being paid for by the registrant is slim. It seems probable that many (if not all) of the squatty-looking names were registered via NetSol’s promotional program for .xyz.

As previously reported, NetSol has been giving away domain names in .xyz to owners of the matching .com names. Tens of thousands of .xyz names seem to have been registered this way in the last week.

The “registrants” did not have to explicitly accept the offer. Instead, NetSol gave them the option to “opt-out” of having the name registered on their behalf and placed into their accounts.

The effect of this has been to propel .xyz into the leading spot in the new gTLD league table. It had 82,236 names in today’s zone file. a clear 15,000 names ahead of second-place .club.

But it’s not clear how much, if any, support NetSol has received from the registry, XYZ.com. CEO Daniel Negari told Rick Schwartz, in a coy interview last week:

The Registry Operator is unable to “give away” free domain names. I never even saw the email that the registrar sent to its customers until I discovered it on the blogs.

The opt-out giveaway has also prompted speculation about NetSol’s right to register domains without the explicit consent of the registrant, both under the law and under ICANN contract.

Under the Registrar Accreditation Agreement, in order to register a domain name, registrars “shall require” the registrant “to enter into an electronic or paper registration agreement”.

That agreement requires the registrant to agree to, among many other things, the transfer or suspension of their domains if (for example) they lose a UDRP or URS case.

But that doesn’t seem to be happening with the opt-out names,

Barry Shein, president of The World, had shein.xyz registered on his behalf by NetSol on Saturday. He already owns shein.com, also registered with NetSol.

NetSol’s email informing him of the registration, which Shein forwarded to DI, reads as follows:

Dear Valued Network Solutions Customer,

Congratulations, your complimentary SHEIN.XYZ domain has arrived!

Your new .XYZ domain is now available in your Network Solutions account and ready to use. To go along with your new .XYZ domain, you have also received complimentary access to Professional Email and Private Registration for your .XYZ domain.

If you choose not to use this domain no action is needed and you will not be charged any fees in the future. Should you decide to keep the domain after your complementary first year, simply renew it like any other domain in your account.

We appreciate your business and look forward to serving you again.

Sincerely,

Network Solutions Customer Support
www.networksolutions.com
http://www.networksolutions.com/help/index.jsp

Importantly, a footnote goes on to describe how NetSol will take a refusal to opt out as “continued acceptance” of its registration agreement:

Please note that your use of this .XYZ domain name and/or your refusal to decline the domain shall indicate acceptance of the domain into your account, your continued acceptance of our Service Agreement located online at http://www.networksolutions.com/legal/static-service-agreement.jsp, and its application to the domain.

So, if you’re a NetSol customer who was picked to receive a free .xyz name but for whatever reason you don’t read every marketing email your registrar sends you (who does?) you’ve agreed to the registration agreement without your knowledge or explicit consent, at least according to NetSol.

I am not a lawyer, but I’ve studied enough law to know that this is a dubious way to make a contract. Lawyers I’ve shown this disclaimer to have laughed out loud.

Of course, because each registrant already owns a matching .com, they’ve already accepted NetSol’s registration agreement and terms of service at least once before.

This may allow NetSol to argue that the initial acceptance of the contract also applies to the new .xyz domains.

But there are differences between .com and .xyz.

Chiefly, as a new gTLD, .xyz registrants are subject to policies that do not apply to .com, such as the Uniform Rapid Suspension policy.

URS differs from UDRP in that there’s a “loser pays” model that applies to complaints involving over 15 domains.

So these .xyz registrants have been opted into a policy that could leave them out of pocket, without their explicit consent.

Of course, we’re talking about people who seem to be infringing famous trademarks in their existing .com names, so who gives a damn, right?

But it does raise some interesting questions.

Who’s the registrant here? Is it the person who owns the .com, or is it NetSol? NetSol is the proxy service, but the .com registrant’s name is listed in the Whois.

Who’s liable for cybersquatting here? Who would Twitter file a UDRP or URS against over my-twitter.xyz? Who would it sue, if it decided to opt for the courts instead?

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