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Amazon waves off demand for more government blocks

Kevin Murphy, August 31, 2020, Domain Policy

Amazon seems to have brushed off South American government demands for more reserved domains in the controversial .amazon gTLD.

VP of public policy Brian Huseman has written to Amazon Cooperation Treaty Organization secretary general Alexandra Moreira to indicate that Amazon is pretty much sticking to its guns when it comes to .amazon policy.

Moreira had written to Huseman a few weeks ago to complain that the Public Interest Commitments included in Amazon’s registry contract with ICANN do not go far enough to protect terms culturally sensitive to the Amazon region.

She wanted more protection for the “names of cities, villages, mountains, rivers, animals, plants, food and other expressions of the Amazon biome, biodiversity, folklore and culture”.

ACTO also has beef with an apparently unilateral “memorandum of understanding” (page 8 of this PDF) Amazon says it has committed to.

That MoU would see the creation of a Steering Committee, comprising three Amazon representatives and nine from ACTO and each of its eight member states, which would guide the creation and maintenance of .amazon block-lists.

ACTO is worried that the PICs make no mention of either the committee or the MoU, and that Huseman is the only signatory to the MoU, which it says makes the whole thing non-binding.

Moreira’s August 14 letter asked for Amazon and ACTO to “mutually agree on a document”, and for the PICs to be amended to incorporate the MoU, making it binding and enforceable. She also asked for potentially thousands of additional protected terms.

Huseman replied August 28, in a letter seen by DI, to say that Amazon is “committed to safeguard the people, culture, and heritage of the Amazonia region” and that the PICs and MoU “have the full backing and commitment” of the company.

He added:

We are disappointed that we have not yet received the names and contact information of those within ACTO who might serve on the Steering Committee contemplated in the MOU because their knowledge and help could be very beneficial as we move forward to implement the PICs.

The letter does not address ACTO’s demand for a binding bilateral agreement, nor the request for additional blocks.

ICANN itself is no longer a party to these negotiations, having washed its hands of the sorry business last month.

Here’s why trademark owners will think .sucks sucks

Kevin Murphy, March 13, 2015, Domain Registries

Vox Populi Registry is to launch its .sucks gTLD at the end of the month, and its plans are likely to piss off trademark owners no end.

As previously reported, the company has backpedaled on its idea of pricing its sunrise period names at $25,000 per name per year, but it’s introducing some new concepts that seem almost designed to get hackles up in the IP community.

From March 30 to May 29, any company with a trademark registered in the Trademark Clearinghouse will be able to buy their matching .sucks domains at sunrise for $2,499. That’s also the annual renewal fee.

It’s a tenth of the price previously touted, but still pretty steep even by sunrise standards.

Vox Pop isn’t doing anything particularly unusual with its sunrise, which is governed by policies closely regulated by ICANN.

But its big new idea is its “Sunrise Premium” list, a list of strings dominated by famous trademarks.

Vox Pop CEO John Berard told DI yesterday that the Sunrise Premium list has been compiled from strings registered or blocked in other TLDs’ sunrise periods.

While he declined to characterize it as a list of trademarks, he acknowledged that it will be trademark-heavy.

If your mark is on this list, you will never be able to get a .sucks domain at the regular general availability retail price of $249 a year. It will always be $2,499 a year.

Despite the name, Sunrise Premium names are only available during general availability, which begins June 1.

On the one hand, this mandatory premium pricing for the world’s most well-defended marks appears to have benefits for some trademark owners.

While Sunrise Premium names are not restricted to owners of matching marks, the $2,499 fee applies whether you’re the mark owner, a legitimate third-party registrant, or a cybersquatter.

So the high price looks like a deterrent to cybersquatting, suggesting that Vox Pop is fighting from the IP corner.

But then we discover that Sunrise Premium names will never be eligible for the .sucks “Block” service — similar to .xxx’s Sunrise B, a Block is a non-resolving registry reservation — which is expected to retail at a discounted $199 per year.

Berard said that the registry wants to encourage use.

“If you are on the Sunrise Premium list or want a premium name, those can’t be blocked,” Berard said. “It’s all part and parcel of us trying to put more power in the hands of individuals and to cultivate a commitment on behalf of the commercial world to participate in the dialogue.”

But the fact remains: if you have a track record of defensively registering your trademark, Vox Pop is essentially penalizing you with higher fees.

Feel those hackles rising yet?

Vox Pop’s stated goals are to give companies a way to manage customer feedback and individuals a way to exercise their rights to criticize.

“A company would be smart to register its name because of the value that consumer criticism has in improving customer loyalty, delivering good customer service, understanding new product and service possibilities,” Berard said.

“They’re spending a lot more on marketing and customer service and research. This domain can another plank in that platform,” he said. “On the other hand, we also want to make sure that these names are also accessible to individuals who have something to say.”

Companies on the Sunrise Premium list have an additional thing to worry about: the .sucks Consumer Advocate Subsidy, which will bring the price of a .sucks domain down to $9.95 per year.

The subsidy will only be available to registrants unaffiliated with the trademark-owning company, and they’ll have to direct their domains to a discussion forum platform called Everything.sucks.

Berard said Everything.sucks will be operated by a third party, but could not yet disclose the details.

The subsidy program will be available on regular and Sunrise Premium names, but not Sunrise names. It is not expected to launch until September.

It’s not yet clear how flexible and configurable the service will be.

It seems likely that if somebody wants to write a blog, say, criticizing a certain company, product, service or public figure, they will incur the usual $249 annual reg fee.

It’s not exactly “free” speech.

On the whole, the finalized policies and fees may look like they’re specifically designed to irk the IP lobby, but they do seem to be aligned with Vox Pop’s mission statement.

If you’re of the view that trademark owners should have the sole right to use the string matching their mark as a domain name, you’re likely to be unhappy with what Vox Pop is doing.

If, on the other hand, you’re an advocate of the right of every free person to stick it to The Man, you may view the policies more favorably.

Either way, it could be a money-spinner for Vox Pop.

I’m expecting .sucks to be only the third new gTLD to top 1,000 sunrise registrations (assuming .porn and .adult will be the first).

Assuming the registry’s slice of the $2,499 fee is over $2,000, the company is looking to clear in excess of $2 million in annually recurring sunrise revenue alone.