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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.

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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.

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Nominet to run .blog’s back-end

Kevin Murphy, May 13, 2016, Domain Services

Nominet is to run the back-end registry systems for .blog, the company announced this evening.

We reported earlier today that .blog has a surprise new owner — Knock Knock, Whois There, which belongs to Automattic, owner of WordPress.com — and it seems the change of ownership comes with a change of back-end.

Primer Nivel, the company that applied for .blog and just transferred the ICANN contract to Automattic, had named Malaysian also-ran Qinetics as its original back-end.

“Nominet will provide the registry services, as well as technical support to the registrar channel,” Nominet said tonight. The deal includes EPP and DNS.

Nominet’s press release confirms that registrants will not need a WordPress.com account to buy a .blog domain name.

It’s the second big back-end deal for Nominet in recent weeks. The company recently revealed it will be taking over technical services for all 28 of Minds + Machines new gTLDs.

Automattic/KKWT is predicting 250,000 .blog registrations in 2016, and general availability is not expected until the fourth quarter.

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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.

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WordPress reveals IT bought .blog for $19 million

WordPress.com owner Automattic has outed itself as the bankroll behind the winner of the .blog auction and the new owner of the forthcoming new gTLD.

Founder Matt Mullenweg also revealed that the company paid around $19 million for the domain at private auction in February 2015, about $1 million more than the amount DI estimated at the time.

Until now, the winning .blog applicant, which fought off competition from eight competitors including Google, M+M, Radix and Donuts, was only known as Primer Nivel.

Primer Nivel is a Panamanian company previously described to DI as an investment vehicle with links to Colombian registrar My.co.

To the best of my knowledge, Automattic’s involvement with the bid has never even been hinted at, but Automattic founder Matt Mullenweg said in a blog post last night that it has been involved since well before the auction took place.

It’s now public that Automattic is the company behind Knock Knock Whois There LLC, the registry for the new .blog TLD. (And a great pun.) We wanted to stay stealth while in the bidding process and afterward in order not to draw too much attention, but nonetheless the cost of the .blog auction got up there (people are estimating around $20M).

An earlier version of the blog post put the price at “about $19m”, as captured by Google.

ICANN approved the reassignment of the .blog contract from Primer Nivel to Knock Knock WHOIS There on April 29.

In the original Primer Nivel application, only My.co CEO Gerardo Aristizabal and VP of business development Carlos Neira were listed as shareholders of 15% or more of the company in its answer to question 11 of the application form.

ICANN processed a change request to the question 11 answer in March 2014, but did not publish the result of the change. It may merely have been a change of personal contact information.

One has to wonder whether, had WordPress’ involvement in Primer Nivel been public, the .blog auction could have fetched even more.

One might imagine that Google, which competes with WordPress with its Blogger service, would have viewed .blog as more threatening in a rival’s hands.

But Primer Nivel and now Automattic/KKWT appear to have no intention to make .blog a WordPress-exclusive gTLD. The original application stated that it would be open to all, and ICANN has since banned so-called “closed generics”.

The registry has already opened a web site at kkwt.domains, which is currently pitching the product to accredited registrars.

It says it plans to go to general availability and “activate” 250,000 .blog domains before the end of the year.

Automattic obtained an ICANN registrar accreditation back in October 2010 but to date has not sold a single domain via that accreditation.

It offers WordPress.com hosting customers domain registrations, but I believe it does so as a GoDaddy reseller.

.blog is currently in “transition to delegation” and it’s probably only a matter of days before it is delegated to the internet.

Mullenweg blogged that the sunrise period is expected to start in August, with and October landrush.

Pricing is expected to be in line with current industry standards, including premium tiers.

The gTLD has always been one of my favorites, and having WordPress backing it will almost certainly make it more successful than if the registry were an independent third party, possibly raising the profile of new gTLDs as a whole.

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