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Native American domain gives .jobs critics ammo

Kevin Murphy, October 22, 2010, Domain Registries

The coalition of companies opposed to the expansion of the .jobs top-level domain seems to think it has found a ‘gotcha’ in the recent registration of nativeamerican.jobs.

The domain leads to a site listing jobs that are identified, for whatever reason, as being particularly suitable for Native Americans. It’s based on an earlier site at ndianjobs.com

The .jobs TLD was originally intended to allow human resources departments to list their corporate job openings using only their own company name or brand in the domain.

The .JOBS Charter Compliance Coalition, made up of a number of jobs portals including Monster.com, now points to nativeamerican.jobs as an example of .jobs registry Employ Media breaking its charter commitments.

The Coalition wrote to ICANN yesterday in support of its effort to get ICANN to overturn its recent decision on .jobs liberalization.

In August, ICANN told the registry that it could start accepting non-company-name .jobs registrations through a “phased allocation process” that involves an RFP and possibly auctions.

But the Coalition contends that the amended registry contract does not allow Employ Media to break its Charter commitment to restrict registrations to purely human resources registrants.

It could not be clearer that Employ Media is using the Board’s approval of the Phased Allocation Program to transform the fundamental nature of the .JOBS sponsored top level domain from a site for employers to link directly with job seekers to a generic employment services theme park – in clear violation of the .JOBS charter, and without the smallest consideration of third party rights.

These “third-party rights” include the owner of nativeamericanjobs.com, who presumably did not have the chance to register the contested domain.

It’s not clear whether the Coalition statement is entirely correct, however.

Judging from Whois records, the domain nativeamerican.jobs was registered in May, prior to ICANN’s board approving the .jobs registry contract changes.

It was certainly registered prior to the closure of the initial RFP stage of Employ Media’s phased allocation program.

The Coalition has a Reconsideration Request pending. ICANN earlier this week asked Employ Media to respond to 13 questions about its plans.

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New TLDs dominate ICANN board agenda

Kevin Murphy, October 22, 2010, Domain Policy

ICANN has published the agenda for next Thursday’s board meeting and unsurprisingly the new top-level domain process dominates.

The agenda breaks the discussion into several bullet points.

Of interest to absolutely everybody watching the new TLD process is the first bullet – “Update on Timeline”. Everyone wants to know when the Applicant Guidebook will be finalized.

Recently, it became apparent that ICANN seems to view the next draft of the guidebook as a possible candidate for “final” status. As I blogged earlier this week, it could be published in the next two weeks.

The issues of vertical integration of registry and registrar functions, the “Rec 6” objections process, and the Governmental Advisory Committee advice on geographic names are also on the agenda.

The meeting will also discuss the approval of Qatar’s internationalized domain name country-code TLD and the redelegation of the .qa ccTLD to a new entity.

Qatar’s chosen Arabic string was approved back in March, at the same time as other strings that have already been added to the root, so I can only assume that the redelegation issue was what caused the hold-up.

The perennially controversial .xxx application is also due to be wheeled out for another hearing.

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ICANN asks .jobs registry to explain itself

Kevin Murphy, October 20, 2010, Domain Registries

ICANN has asked .jobs registry manager Employ Media to clarify its plan to lift restrictions on who can register names in its top-level domain.

The ICANN board committee which handles Reconsideration Requests – essentially ICANN’s first-stop appeals court – has sent the registry a list of 13 questions (pdf), apparently distilled from a much longer list (pdf) supplied by the .JOBS Charter Compliance Coalition.

Employ Media wants to be able to start allocating premium generic .jobs domain names to companies via an RFP process and possibly auctions, dropping the rule which states that only companyname.jobs domains are permitted in the TLD.

ICANN’s board of directors approved the company’s plan in August, and Employ Media opened its RFP process shortly thereafter. Then the Compliance Coalition filed its Reconsideration Request.

This ad-hoc coalition comprises a number of employment web sites, such as Monster.com, and the Newspapers Association of America, which believe Employ Media’s plans fall outside its remit and could pose a competitive threat.

It’s common knowledge that the registry was planning to allocate a big chunk of premium real estate to the DirectEmployers Association, which wants to run a massive jobs board called universe.jobs, fed traffic by thousands of generic industry or geographic .jobs names.

Essentially, the Coalition’s questions, echoed by the Board Governance Committee, seem to be a roundabout way of asking whether this violates the .JOBS Charter, which limits the registrant base to corporate human resources departments.

Notably, the BGC wants to know when a universe.jobs promotional white paper (pdf) was produced, how much input Employ Media had in it, and whether the ICANN board got to see it before making its decision.

(A bit of a ludicrous question really, given that the BGC is comprised of four ICANN directors)

It also wants to know which purported “independent job site operators” have welcomed the Employ Media plan (a situation reminiscent of the recent unsuccessful calls for ICM Registry to disclose its .xxx supporters.)

The BGC’s Question 9 also strikes me as interesting, given that it does not appear to be inspired directly by the Coalition’s list of questions:

Please state whether Employ Media took any steps to prevent or interfere with any entity or person’s ability to state its position, or provide information, to the Board regarding amendment of the .JOBS Registry Agreement before or during the 5 August 2010 Board meeting.

I’m now beginning to wonder whether we may see a rare reversal of an ICANN board decision based on a Reconsideration Request.

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Sex.com to sell for $13m

Kevin Murphy, October 20, 2010, Domain Sales

Sex.com is set to be sold for $13 million, after Sedo managed to find a buyer from among about a dozen bidders.

I reported the story for The Register today.

The buyer is Clover Holdings Ltd, based in St Vincent. The deal is subject to approval by the California bankruptcy court that is overseeing the assets of Escom, the current owner.

Go read the story. Or, if you’re interested in more detail, here’s the motion Escom filed this week, which includes the sales contract as Exhibit A (pdf).

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Cash-for-gold site seizes “sucks” domain

Kevin Murphy, October 19, 2010, Domain Policy

An Arizona cash-for-gold company has successful recovered a “sucks” domain name via UDRP, after it emerged that the anonymous gripe site was actually run by a competitor.

Valley Goldmine filed the UDRP complaint against the domain valleygoldminesucks.com back in August. As I reported, the contested domain contained a mere two blog posts, both dating to May 2009.

Up until about a month ago, the registrant’s identity was protected by Go Daddy’s privacy service.

But Valley Goldmine used a subpoena to identify the actual registrant, and it turned out to be the operator of Gold Stash For Cash, a direct competitor, which does business at goldstash.com.

The site was created after a local TV news report had ranked Valley Goldmine higher than GSFC in an “investigation” into cash-for-gold companies. The blog posts, ironically, attacked the report’s objectivity.

Despite precedent largely protecting “sucks” domains on free speech grounds, this was enough for WIPO panelist Maxim Waldbaum to find against the registrant on all three requirements of the UDRP.

Interestingly, Waldbaum used the fact that the domain satisfied the “bad faith” part of the UDRP to justify the “confusingly similar” criterion.

The associated website has high placement on search engine results for the Mark and is operated by the principal of a direct competitor of Complainant. Respondent’s use of the Disputed Domain Name in this context is precisely within the list of bad faith criteria under paragraph 4(b) of the Policy, which, in this Panel’s view, clearly indicates Respondent’s intent to create confusing similarity in the minds of Internet users.

The fact that GSFC stood to benefit financially from anonymously bad-mouthing its competitor clearly over-rode any free speech concerns, which does not seem unreasonable.

The panelist concluded:

Although cloaked in the mantle of a gripe site, Respondent’s website is quite clearly a platform for Respondent to cast aspersions on the reliability of a report that portrayed his company in a negative light and his competitor in a positive light, and to otherwise sling mud.

Amusingly, while GSFC appears to own goldstashforcashsucks.com, a third party owns goldstashsucks.com.

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