ZA Central Registry has told the judge in DotConnectAfrica’s lawsuit against ICANN that the preliminary injunction he granted DCA recently was based on a misunderstanding.
The injunction, granted a month ago, prevents ICANN delegating the .africa gTLD to ZACR until the lawsuit reaches a conclusion.
But, in papers filed Friday, ZACR points out that the judge screwed up in his reasoning. Judge Gary Klausner’s ruling was “predicated upon a key factual error”, ZACR says.
The error is the same one I wrote about last month — the judge thinks DCA originally passed the Geographic Names Review of its Initial Evaluation for .africa, and that ICANN later failed it anyway.
In fact, DCA never passed the GNR, and the document the judge cites in his ruling is actually ZACR’s Initial Evaluation report.
The GNR is the bit of the evaluation where both .africa applicants had to prove they had support from 60% of African governments and no more than one African governmental objection.
ZACR said in one of its Friday filings (pdf):
The record is undisputed that DCA’s application had not passed the geographic names evaluation process. And it could not because DCA did not have the requisite support of 60% or more of the African Union governments. Further, DCA’s application had been the subject of 17 “Early Warning” submissions by African Union governments. Correcting for this factual error, the record is clear that DCA has no likelihood of success in this litigation.
ZACR also says Klausner erred by saying .africa could only be delegated once, saying that TLDs can be redelegated to different operators after their initial delegation.
It’s filed a motion asking the judge to “reconsider and vacate” his preliminary injunction ruling.
ZACR is now named as a defendant in the lawsuit, which originally only named ICANN and unidentified parties.
ICANN has dropped its motion to dismiss the case and last week filed its answer (pdf) to DCA’s complaint, in which it denies any wrongdoing.
ICANN appears to be happy to let the judge’s mistake slide, or at least to allow ZACR to burden the risk of potentially pissing him off by highlighting his error.
Internet organizations in Latin America are pissed off with ICANN for cancelling its Panama public meeting and potentially cancelling its Puerto Rico meeting.
They said that the cancellations will have “a direct negative impact on the participation of our communities in the region, since they view these meetings as favorable opportunities to get together for the development of their respective work agendas, leveraging geographic and cultural proximity.”
“This has a direct effect on the development of the Internet in our regions,” they added.
The comments came in a May 5 letter (pdf) from the Latin America and Caribbean Internet Addresses Registry (LACNIC) the Latin America and Caribbean TLD Association (LACTLD) and the Latin America and Caribbean Association of Internet Exchange Points (LAC-IX).
Together, they represent IP addressing, ccTLDs and internet exchanges in the region.
ICANN recently switched its ICANN 56 venue from Panama to Finland due to the Zika virus outbreak in the region.
It is also expected to relocate ICANN 57 from Puerto Rico to Las Vegas, for the same reason, though no decision has yet been made.
The letter claims that the LAC region is being under-served in terms of ICANN meeting time.
While ICANN’s goal is to rotate its meetings through its five regions, the letter says that the LAC region only gets one out of six meetings.
But is the region getting fewer meetings than elsewhere? I don’t think the numbers support that assertion.
This is how all the meetings to date break down by ICANN region.
|Latin-America & Caribbean||10|
It’s clear that LAC isn’t getting singled out in particular for a dissing, no more than Africa or North America.
In fact, LAC may be doing better than North America, due to the weird way ICANN assigns countries to regions.
The Caribbean island of Puerto Rico (where ICANN met in 2007) counts as North America as far as ICANN is concerned, due to its status as a US territory.
ICANN counts Mexico (where it met in 2009), which is geographically North American, as a LAC nation for some reason.
But the three organizations signing this letter all count both Mexico and Puerto Rico as LAC nations. By that definition, they’ve had 11 meetings to North America’s nine, placing LAC in the middle of the table with exactly one out of every five meetings taking place there.
ICANN chair Steve Crocker did not dissect the numbers in his reply (pdf) yesterday, instead focusing on sympathizing with the LAC groups’ concerns and pointing out that finding suitable locations for ICANN meetings is extremely tricky.
“On rare occasions, due to events outside ICANN’s control, we face challenges sufficiently severe that we feel we cannot proceed with meetings in the venue we have planned,” Crocker wrote.
He continued: “[I]t is our understanding that the Zika virus poses a serious threat to human health. We have consulted extensively on risks and considered whether under the circumstances we can hold an efficient and safe meeting. In this instance we have decided this is a serious risk and decided to go to an alternate venue for the safety of our community.”
Donuts has emerged the victor of the .doctor gTLD contention set.
Competing applicants Radix and The Medical Registry both withdrew their applications last week.
The string wasn’t due to head to its ICANN last-resort auction until May 25, indicating that the contention set was settled privately.
.doctor has been the subject of some controversy.
ICANN’s Governmental Advisory Committee had insisted that .doctor should be reserved purely for licensed medical doctors.
Donuts had complained that this would rule out use by any of the myriad other types of doctor, as well as registrants using “doctor” in a fanciful sense (like “rug doctor” or “PC doctor”).
ICANN initially accepted the GAC advice, but changed its mind this February, declining to impose such restrictive language on .doctor’s contractual Public Interest Commitments.
So it seems that .doctor will be generally unrestricted.
Donuts will have to sign up to the standard “Category 1” PICs, which require the registry to work with relevant regulatory bodies, however.
Ten dot-brand gTLDs may never see the light of day, after ICANN sent termination notices to the applicants.
The move means that the number of African-owned dot-brand gTLDs to go live in the current round will be precisely zero.
The 10 affected gTLDs are .naspers, .supersport, .mzansimagic, .mnet, .kyknet, .africamagic, .multichoice, .dstv and .gotv, which were applied for by four South African companies, and .payu, which came from a Dutch firm.
In each case, the applicant had signed a Registry Agreement with ICANN in early 2015, but had failed to actually go live in the DNS within the required 12-month window.
All had deadlines in February or March but failed to meet even extended deadlines.
The condemned gTLDs make up more than half of the total applications originating in Africa.
Of the original 17 African applications, only ZACR’s .joburg, .capetown and .durban city gTLDs have actually been delegated.
Another application, the generic .ummah from Ummah Digital of Gambia, was withdrawn in 2013.
The League of Arab States’ .arab and عرب. are both currently in pre-delegation testing, having signed ICANN contracts in November.
The remaining two applications are both for .africa, which is currently stuck in litigation.
We’re looking at a maximum of six African-owned gTLDs, of a possible 16, going live in the 2012 round.
ICANN was criticized back in 2012 for not doing enough to raise awareness of the new gTLD program, criticisms that have been raised again recently as the community starts to seriously look at how things can be improved for the next round.
UPDATE: This article originally stated that .ummah was a dot-brand application. It was not. The text has been corrected accordingly.
GoDaddy reported its first quarter numbers last night, which including an almost 10% increase in revenue from domain names.
The market-leading registrar reported a net loss of $18.3 million, smaller than the $43.4 million a year ago, on total revenue of $433.7 million, up 15.3%.
It broke out its revenue from domain names as $218.9 million, up 9.9% on Q1 2015.
Hosting-related services and business applications grew 14.4% and 47.4% respectively, to $160.4 million and $54.4 million.
The company raised its revenue expectations for the year to a range of $1.83 billion to $1.845 billion.