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Looks like .music is finally on its way

The hard-fought battle for .music appears to be over.

I’m not yet in a position to tell you which of the eight applicants for the new gTLD has been successful, but I can tell you some of those who were not.

Two applicants have this week withdrawn their bids, an almost certain sign that the contention set has been privately settled.

The first applicant to ditch its bid was dot Music Ltd, an application vehicle of Domain Venture Partners (we used to call this outfit Famous Four Media, but that’s changed).

The other is .music LLC, also known as Far Further.

We can almost certainly expect all but one of the remaining applicants to withdraw their applications over the coming days.

Applicants typically sign NDAs when they settle contention privately, usually via an auction.

Far Further was one of two unsuccessful “community” applicants for .music. It had the backing of dozens of music trade groups, including the influential Recording Industry Association of America. Even Radiohead’s guitarist chipped in with his support.

Evidently, none of these groups were prepared to fund Far Further to the extent it could win the .music contention set.

The .music contention set has been held up by the continuing protestations of the other community applicant, DotMusic Limited, the company run by long-time .music cheerleader Constantinos Roussos.

After DotMusic lost its Community Priority Evaluation in 2016, on the basis that the “community” was pretty much illusory under ICANN rules, it started to complain that the process was unfair.

The applicant immediately filed a Request for Reconsideration with ICANN.

.music then found itself one of several proposed gTLDs frozen while ICANN conducted an outside review of alleged irregularities in the CPE process.

That review found no impropriety in early 2018, a verdict DotMusic’s lawyer dismissed as a “whitewash”.

It has since stalled the process several times with requests for information under ICANN’s Documentary Information Disclosure Policy, and more RfRs when those requests were denied.

But this series of appeals finally came to an end March 14, when ICANN’s board of directors finally ruled against DotMusic’s 2016 RfR.

That appears to have opened up the .music set for private resolution.

So who won? I don’t know yet, but the remaining applicants are: DotMusic itself, Google, Amazon, MMX, Donuts and Radix.

There are certainly two very deep-pocketed companies on that list. Could we be looking at Google or Amazon as the new proprietors of .music?

If either of those companies has won, prospective registrants might find they have a long wait before they can pick up a .music domain. Neither of these giants has a track record of rushing its new gTLDs to market.

If the victor is a conventional gTLD registry, we’d very probably be looking at a launch in 2019.

Yanks beat Aussies to accountancy gTLD

Kevin Murphy, February 20, 2019, Domain Registries

The contention set for .cpa has been resolved, clearing the way for a new accountancy-themed gTLD.

The winner is the American Institute of Certified Public Accountants, which submitted two bids for the string — one “community”, one vanilla, both overtly defensive in nature — back in 2012.

Its main rival, CPA Australia, which also applied on a community basis, withdrew its application two weeks ago.

Commercial registries Google, MMX and Donuts all have withdrawn their applications since late December, leaving only the two AICPA applications remaining.

This week, AICPA withdrew its community application, leaving its regular “single registrant” bid the winner.

AICPA is the US professional standards body for accountants, CPA Australia is the equivalent organization in Australia. ACIPA has 418,000 members, CPA Australia has 150,000.

Both groups failed their Community Priority Evaluations back in 2015 on the basis that their communities were tightly restricted to their own membership, and therefore too restrictive.

AICPA later amended its community application to permit CPAs belonging to non-US trade groups to register.

Both organizations were caught up in the CPE review that also entangled and delayed the likes of .music and .gay. They’ve also both appealed to ICANN with multiple Requests for Reconsideration and Cooperative Engagement Process engagements.

CPA Australia evidently threw in the towel after a December 14 resolution of ICANN’s Board Accountability Mechanisms Committee decision to throw out its latest RfR. It quit its CEP January 9.

It’s likely a private resolution of the set, perhaps an auction, occurred in December.

The winning application from AICPA states fairly unambiguously that the body has little appetite for actually running .cpa as a gTLD:

The main reasons for which AICPA submits this application for the .cpa gTLD is that it wants to prevent third parties from securing the TLD that is identical to AICPA’s highly distinctive and reputable trademark

So don’t get too excited if you’re an accountant champing at the bit for a .cpa domain. It’s going to be an unbelievably restrictive TLD, according to the application, with AICPA likely owning all the domains for years after delegation.

The internet is about to get a lot gayer

Kevin Murphy, February 20, 2019, Domain Registries

Seven years after four companies applied for the .gay top-level domain, we finally have a winner.

Three applicants, including the community-driven bid that has been fighting ICANN for exclusive recognition for years, this week withdrew their applications, leaving Top Level Design the prevailing bidder.

Top Level Design is the Portland, Oregon registry that already runs .ink, .design and .wiki.

The withdrawing applicants are fellow portfolio registries Donuts and MMX, and community applicant dotgay LLC, which had been the main holdout preventing the contention set being resolved.

I do not yet know how the settlement was reached, but it smells very much like a private auction.

As a contention set only goes to auction with consent of all the applicants, it seems rather like it came about after dotgay finally threw in the towel.

dotgay was the only applicant to apply as a formal “community”, a special class of applicant under ICANN rules that gives a no-auction path to delegation if a rigorous set of tests can be surmounted.

Under dotgay’s plan, registrants would have to have been verified gay or gay-friendly before they could register a .gay domain, which never sat right with me.

The other applicants, Top Level Design included, all proposed open, unrestricted TLDs.

dotgay, which had huge amounts of support from gay rights groups, failed its Community Priority Evaluation in late 2014. The panel of Economist Intelligence Unit experts awarded it 10 out the 16 available points, short of the 14-point prevailing threshold.

Basically, the EIU said dotgay’s applicant wasn’t gay enough, largely because its definition of “gay” was considered overly broad, comprising the entire LGBTQIA+ community, including non-gay people.

After dotgay appealed, ICANN a few months later overturned the CPE ruling on a technicality.

A rerun of the CPE in October 2015 led to dotgay’s bid being awarded exactly the same failing score as a year earlier, leading to more dotgay appeals.

The .gay set was also held up by an ICANN investigation into the fairness of the CPE process as carried out by the EIU, which unsurprisingly found that everything was just hunky-dory.

The company in 2016 tried crowdfunding to raise $360,000 to fund its appeal, but after a few weeks had raised little more than a hundred bucks.

Since October 2017, dotgay has been in ICANN’s Cooperative Engagement Process, a form of negotiation designed to avert a formal, expensive, Independent Review Process appeal, and the contention set had been on hold.

The company evidently decided it made more sense to cut its losses by submitting to an auction it had little chance of winning, rather than spend six or seven figures on a lengthy IRP in which it had no guarantee of prevailing.

Top Level Design, in its application, says it wants to create “the most safe, secure, and prideful .gay TLD possible” and that it is largely targeting “gay and queer people as well as those individuals that are involved in supporting gay cultures, such as advocacy, outreach, and civil rights.”

But, let’s face it, there’s going to be a hell of a lot of porn in there too.

There’s no mention in the winning bid of any specific policies to counter the abuse, such as cyberbullying or overt homophobia, that .gay is very likely to attract.

Top Level Design is likely to take .gay to launch in the back end of the year.

The settlement of the contention set is also good news for two publicly traded London companies.

MMX presumably stands to get a one-off revenue boost (I’m guessing in seven figures) from losing another auction, while CentralNic, Top Level Design’s chosen back-end registry provider, will see the benefits on an ongoing basis.

Donuts backs away from .spa fight

Kevin Murphy, November 26, 2018, Domain Registries

Donuts has finally admitted defeat in its long-running fight to run the .spa gTLD, withdrawing its application and leaving rival Asia Spa and Wellness Promotion Council the victor.

ASWPC, run from Hong Kong by .asia’s Edmon Chung, has now entered into contracting with ICANN.

The company had won a Community Priority Evaluation back in 2015, with a passing score of 14 out of 16, which Donuts has been challenging ever since.

Donuts and ICANN were in a so-called Cooperative Engagement Process, a form of informal arbitration designed to stave off a more expensive Independent Review Process fight, from January 2016 until this month.

This meant ASWPC has been sitting twiddling its thumbs, unable to sign its contract or launch its TLD, for the better part of three years.

It’s not clear why Donuts decided not to go to a full-blown IRP. The company declined to comment for this article.

As a community applicant, the company had the backing of hundreds of spas worldwide.

It also had the backing of the Belgian government, which was important because spas are (little-known fact alert!) named after the tiny Belgian town of Spa.

It is believed that ASWPC promised up to 25% of its profits to Spa in order to gain this backing, but only from domains registered by Belgian, Dutch, Luxembourgish, French or German registrants.

ICANN strikes back at “offensive” .gay bidder

Kevin Murphy, March 7, 2018, Domain Policy

ICANN has responded harshly to claims that a probe of its handling of applications for the .gay gTLD was fixed from the outset.

Writing to dotgay LLC lawyer Arif Ali this week, ICANN lawyer Kate Wallace said claims that the investigation “had a pre-determined outcome in mind” were “as offensive as they are baseless”.

FTI Consulting gave ICANN the all-clear in January, dismissing allegations that ICANN staff had interfered with Community Priority Evaluations of .gay and other gTLDs conducted by the Economist Intelligence Unit.

But dotgay quickly responded by calling the FTI report a “whitewash”, saying “a strong case could be made that the purported investigation was undertaken with a pre-determined outcome in mind.”

Now, in an unusually pointed letter (pdf) Wallace calls dotgay out for its “insulting” implications.

While dotgay LLC may have preferred a different evaluation process and may have desired a different outcome, that is not evidence that FTI undertook its investigation “with a pre-determined outcome in mind.”

Your accusations in this regard are as offensive as they are baseless. The Board initiated the CPE Process Review in its oversight role of the New gTLD Program to provide greater transparency into the CPE process. There was no pre-determined outcome in mind and FTI was never given any instruction that it was expected to come to one conclusion over another.

Your assertions that FTI would blatantly violate best investigative practices and compromise its integrity is insulting and without any support, and ICANN rejects them unequivocally.

Wallace works for ICANN outside counsel Jones Day — which contracted with FTI for the investigation — but states that she is writing at the behest of the ICANN board of directors.

The board “is in the process of considering the issues” raised by Ali and gay rights expert lawyer William Eskridge, she wrote.

The board’s agendas for next week’s ICANN 61 public meeting in Puerto Rico have not yet been published.

dotgay wants to avoid a costly (or lucrative) auction against other .gay applicants by gaining “community” status, but it failed its CPE in 2014, largely because its definition of “gay” over-stretches, and has been appealing the decision ever since.