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ICANN Compliance probing Hunger Games domain

ICANN’s Compliance department is looking into whether Donuts broke the rules by activating a domain name for the forthcoming The Hunger Games movie.

Following up from the story we posted earlier today, ICANN sent DI the following statement:

We are well aware of this issue and are addressing it through our normal compliance resolution process. We attempt to resolve compliance matters through a collaborative informal resolution process, and we do not comment on what happens during the informal resolution phase.

At issue is whether Donuts allowed the movie’s marketers to launch thehungergames.movie before the new gTLD’s mandatory 90-day “controlled interruption” phase was over.

Under a strict reading of the CI rules, there’s something like 10 to 12 days left before Donuts is supposed to be allowed to activate any .movie domain except nic.movie.

Donuts provided the following statement:

This is a significant step forward in the mainstream usage of new domains. One of the core values of the new gTLD program is the promotion of consumer choice and competition, and Donuts welcomes this contribution to the program’s success, and to the promotion of the film. We don’t publicly discuss specific matters related to ICANN compliance.

I imagine what happened here is that Donuts got an opportunity to score an anchor tenant with huge visibility and decided to grasp it with both hands, even though distributor Lion’s Gate Entertainment’s (likely immovable) launch campaign schedule did not exactly chime with its own.

It may be a technical breach of the ICANN rules on name collisions — which many regard as over-cautious and largely unnecessary — but it’s not a security or stability risk.

Of course, some would say it also sets a precedent for other registries to bend the rules if they score big-brand backing in future.

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.bank doing surprisingly well in sunrise

The forthcoming .bank gTLD has received over 500 applications for domains during its sunrise period, according to the registry.

fTLD Registry Services tweeted the stat earlier this week.

Its sunrise period doesn’t even end until June 17. Sunrise periods tend to be back-weighted, so the number could get a lot higher.

Five hundred may not sound like a lot — and applications do not always convert to registrations — but in the context of new gTLDs it’s very high.

Discounting .porn and .adult, both of which racked up thousands of names across their various sunrise phases, the previous high for a sunrise was .london, with just over 800 names registered.

It’s not unusual for a sunrise to get under 100 names. A year ago, I calculated that the average was 144.

The 500+ .bank number is especially surprising as it’s going to be a very tightly controlled gTLD where the chance of cybersquatting is going to be virtually nil.

All .bank registrants will be manually vetted to ensure they really are banks, substantially mitigating the need for defensive registrations.

Could this be an indication that .bank will actually get used?

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.wine no longer blocked after EU drops complaint

Kevin Murphy, June 11, 2015, Domain Policy

Donuts and ICANN are currently in the process of signing new gTLD agreements for .wine and .vin, after the European Union and wine sellers dropped objections.

As of today, both gTLDs are “In Contracting” rather than “On Hold”, according to ICANN’s web site.

ICANN revealed earlier this week that the European Union and various wine trade associations have both dropped their Cooperative Engagement Process complaints.

CEP is less formal precursor to a much more expensive and lawyer-hungry Independent Review Process complaint.

With the CEPs out of the way, Donuts is now free to sign its contracts.

Donuts won the auction for .wine back in November, but its application was frozen due to ongoing arguments about the protection of “geographic indicators” representing wine-making regions.

Governments, particularly in Europe and Latin America, had protested that .wine and .vin should not be allowed to launch until areas such as Rioja and Champagne were given special privileges.

Last October, ICANN CEO Fadi Chehade told the French government that it was negotiating with applicants to get these protections included in the contracts.

Either Donuts has agreed to such protections, or the EU and wine-makers have gotten bored of complaining.

My feeling is the former is probably more likely, which may be controversial in itself.

There is no international agreement on GI protection — the US and Australia opposed the EU’s position on .wine — so this may be seen as a case of ICANN creating new rights where none previously existed.

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Is The Hunger Games’ new .movie domain illegal?

Donuts may have launched its best new gTLD anchor tenant in violation of ICANN rules.

The company revealed earlier this week that The Hunger Games movies are using thehungergames.movie to promote the fourth and final installment of the wildly successful “trilogy”.

The domain name even features in the trailer for the film, which currently has over 1.7 million YouTube views.

But it has been claimed that Donuts activated the domain in the DNS two weeks before it was allowed to under its ICANN registry contract.

It boils down to “controlled interruption”, the controversial mechanism by which registries mitigate the risk of potentially harmful name collisions in the DNS.

Under ICANN’s rules for CI, for 90 days registries have to implement a wildcard in their zone file that redirects all domains other than nic.[tld] to 127.0.53.53 and your-dns-needs-immediate-attention.[tld].

“The Registry Operator must not activate any other names under the TLD until after the 90-day controlled interruption period has been completed,” the rules say, in bold text.

Donuts’ .movie was delegated on or around March 26, which means when thehungergames.movie was activated there were still about two weeks left on the .movie CI clock.

As far as I can tell from reading ICANN documentation on CI, there are no carve-outs for anchor tenants.

The .movie zone file has five other domains related to The Hunger Games in it — the only names other than nic.movie — but they don’t seem to resolve.

There’s no actual security or stability risk here, of course.

If .movie had used the old method of blocking a predefined list of identified name collisions, thehungergames.movie would not have even been affected — it’s not on .movie’s list of collisions.

However, if ICANN decides rules have been broken and Donuts is forced to deactivate the domain, it would be a painfully embarrassing moment for the new gTLD industry.

It can perhaps be hoped that ICANN’s process of investigating such things takes about two weeks to carry out.

I’ve contacted Donuts for comment and will provide an update if and when I receive any additional information.

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TLD Operator Community no longer a “community”

The TLD Operator Community, which launched last Friday, has hastily rebranded itself after confusion about its proposed role.

It’s now the TLD Operator Webinar. It has switched its URL from a .community domain to a .help domain.

Almost immediately after the initiative was announced, I started hearing gossip about a split with the Domain Name Association.

There was a slight crossover between the DNA’s mission and what had been announced about the erstwhile “Community”.

On Friday, I was told by ARI Registry Services, which is coordinating the webinar:

a new community for all new Top-Level Domain (TLD) applicants has been created to provide a forum for operators to achieve meaningful commercial success. The TLD Operator Community will differentiate itself from other new TLD think-tanks by focusing entirely on the commercial activation of new TLDs for the benefit of the entire community.

But according to ARI CEO Adrian Kinderis, this was a poor description of the initiative.

He said in a DI comment that it was rather “one off effort by our consultancy team to get everyone together for a chat.”

“My team have incorrectly characterized it as ‘forming a community group’,” he wrote. “I assure you, the last thing we need is another community group.”

ARI was intimately involved in the launch of the DNA and Kinderis continues to be its chair.

The Webinar will happen June 30 (or July 1, depending on your time zone) and feature speakers from Donuts, Vox Populi, dotBerlin and others.

Barclays, which was due to participate in the webinar, is no longer listed as a speaker.

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