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Music industry gets its ass handed to it by gTLD panel

Kevin Murphy, October 7, 2014, Domain Registries

The music industry-backed application for the new gTLD .music today suffered a humiliating defeat at the hands of a Community Priority Evaluation panel.

The Far Further (.music LLC) application scored a pitiful 3 out of 16 possible points in the evaluation, missing the required 14-point passing threshold by a country and western mile.

CPE is a way for applicants representing genuine communities to avoid an auction. If one applicant in a contention set wins a CPE, all the others must withdraw their applications.

But in this case the CPE panel went so far as to accuse the applicant of attempting to get its hands on a nice generic string by creating a new community, rather than by representing an existing one:

The Panel determined that this application refers to a proposed community construed to obtain a sought-after generic word as a gTLD. Moreover the applicant appears to be attempting to use the gTLD to organize the various groups noted in the application documentation, as opposed to applying on behalf of an already organized and cohesive community.

The application was backed by dozens of music industry trade groups and (by inference) thousands of their member associations and millions of individual members, spread over 150 countries.

But that wasn’t enough to persuade the CPE panel that “music” is even a “community” within the meaning of the ICANN new gTLD program’s Applicant Guidebook:

While the Panel acknowledges that many of the members in the proposed community share an interest in music, the AGB specifies that a “commonality of interest” is not sufficient to demonstrate the requisite awareness and recognition of a community among its members.

The panel pointed to the existence of legions of amateur musicians — estimated at 200 million — that do not identify with the community as defined in Far Further’s new gTLD application, which is restricted to the four million or so members of the application’s backers.

The panel found therefore that “there is no entity mainly dedicated to the entire community as defined by the applicant, nor does the application include reference to such an organization”.

The very fact that the Far Further application included reference to 42 trade groups, covering different facets of the music industry, seems to have counted against it. One overarching body dedicated to “music” in its entirety may have been enough to win the applicant some points.

The fact that the panel decided the community did not exist had a knock-on effect in other parts of the evaluation.

Has the community been around for a long time? No, because the community doesn’t exist. Is it a big community? No again, because the community doesn’t exist. And so on.

The only places Far Further managed to pick up points were on its registration policies, where it had promised to restrict registration to certain community members, and on community endorsement.

There are eight applicants for .music in total. One other, regular DI commenter Constantine Roussos’ DotMusic Limited, is also a Community application that is eligible for CPE.

It’s always seemed highly improbable that any .music applicant could pass CPE, but it’s looking even less likely for DotMusic after today’s result for Far Further.

.music, it seems, is heading to auction, where it is likely to fetch big bucks.

Community panel hands .radio to EBU because nobody objected

Kevin Murphy, September 11, 2014, Domain Registries

The European Broadcasting Union is likely to win the right to the .radio new gTLD, beating three portfolio applicants, after a favorable Community Priority Evaluation.

The main reason the EBU managed to score a passing 14 out of 16 points in the CPE is that there was no significant objection to the EBU’s bid on the public record.

The EBU managed to win, under ICANN’s complex scoring system, despite the fact that the CPE panel ruled that no one entity, not even the EBU, can claim to represent the “radio” community.

The win means that Donuts, Afilias and BRS Media, which all applied for open .radio gTLDs, will likely have to withdraw their bids and leave .radio in the hands of the EBU’s more restrictive policies.

The EBU’s bid envisages a post-registration enforcement regime, in which registrants’ web sites and Whois records are vetted to ensure they have a community “nexus” and are using their domains in the spirit of the community.

Registrants would have to provide a statement of their usage intent at the point of registration.

Domain investors are explicitly not welcome in the TLD, judging by the EBU’s application.

The EBU, as mentioned, scored 14 out of 16 points in the CPE. The threshold to pass is 14.

As I’ve been saying for years, passing a CPE should be very difficult because applicants can immediately lose two points if there’s any decent opposition to their applications.

The other three applicants for .radio could have easily beaten back the EBU had they managed to effectively organize just a single significant member of the radio community against the EBU’s bid.

However, they failed to do so.

The EBU scored the maximum of two points under the “Opposition” part of the CPE, because, in the words of the panel:

To receive the maximum score for Opposition, the application must not have received any opposition of relevance. To receive a partial score for Opposition, the application must have received opposition from, at most, one group of non-negligible size.

The application received letters of opposition, which were determined not to be relevant, as they were (1) from individuals or groups of negligible size, or (2) were not from communities either explicitly mentioned in the application nor from those with an implicit association to such communities.

Donuts, Afilias and BRS Media all submitted comments in opposition to the EBU application. As competing applicants, these submissions were (probably correctly) disregarded by the panel.

There were a small number of other objecting comments on the record that the CPE panel (again probably correctly) chose to disregard as coming from organizations of negligible size.

The was one comment, in Polish, from a Polish law firm. Another comment came from a something dodgy-looking calling itself the International Radio Emergency Support Coalition.

A third comment came from the Webcaster Alliance, a group that made a bit of a name for itself a decade ago but which today has a one-page web site that doesn’t even list its members (assuming it has any).

Attempts by BRS Media, which already runs .am and .fm, to orchestrate a campaign of opposition seem to have failed miserably.

In short, the panel’s decision that there was no relevant, on-the-record opposition seems to be on pretty safe ground.

What’s slightly disturbing about the CPE is that the panel seems to have decided that the EBU does not actually represent the radio community as described in its application.

It dropped one point on the “Community Establishment” criteria, and another on the “Nexus between Proposed String and Community” criteria.

Specifically, it lost a point because, as the panel stated:

Based on information provided in the application materials and the Panel’s research, there is no such entity that organizes the community defined in the application. Therefore, as there is no entity that is mainly dedicated to the community as defined in the .RADIO application, as the Panel has determined, there cannot be documented evidence of community activities.

In other words, there may be a “radio community”, but nobody, not even the EBU, is responsible for organizing it.

It also lost a point because while the string “radio” does “identify” the community, it does not “match” it.

The panel explained:

To receive the maximum score for Nexus, the applied-for string must “match” the name of the community or be a well-known short-form or abbreviation of the community name. To receive a partial score for Nexus, the applied-for string must “identify” the community. “Identify” means that the applied-for string should closely describe the community or the community members, without over-reaching substantially beyond the community.

Failing to get full marks on community and nexus would usually, in my view, indicate that an application would not succeed in its CPE bid.

However, the lack of any outcry from significant members of the community (either because there was no such opposition or the three rival applicants failed to muster it) seems set to allow .radio to be managed by the applicant with the most restrictive policies.

Community gTLD applicants flunk on “nexus”

Kevin Murphy, March 19, 2014, Domain Policy

The first four Community Priority Evaluation results are in, and all four applicants flunked by failing to prove a “nexus” between the new gTLD string and the community they purport to represent.

No applicant score more than 11 points of the 14 necessary to pass. A total of 16 points are available.

Winning a CPE automatically wins a contention set — all the other applicants for the same new gTLD must withdraw — so it’s a deliberately difficult test.

The scoring mechanism has been debated for years. Scoring 14 points unless the gTLD string exactly matches the name of your organization has always struck me as an almost impossible task.

The first four results appear to substantiate this view. Nobody scored more than 0 on the “nexus” requirement, for which 4 points are available.

The four CPE applicants were: Starting Dot (.immo), Taxi Pay (.taxi), Tennis Australia (.tennis) and the Canadian Real Estate Association (.mls). All four were told:

The string does not identify or match the name of the community, nor is it a well-known short-form or abbreviation of the community.

In some cases, the evaluation panel used evidence from the applicant’s own applicant to show that the string “over-reaches” the community the applicant purported to represent.

The application for .Taxi defines a core community of taxi companies and drivers, as well as peripheral industries and entities.

While the string identifies the name of the core community members (i.e. taxis), it does not match or identify the peripheral industries and entities that are included in the definition of the community

In other cases, the panel just used basic common sense. For example, Tennis Australia was told:

Tennis refers to the sport and the global community of people/groups associated with it, and therefore does not refer specifically to the Tennis Australia community.

Starting Dot (.immo) and Taxi Pay (.taxi) both also scored 0 on the “Community Establishment” criteria where, again, 4 points were available.

In that part of the CPE, the applicants have to show that their community is clearly delineated, organized, and long-standing.

In both cases, the panel found that the communities were too eclectic, too disorganized and too young — neither existed before the new gTLD program kicked off in September 2007.

It’s not looking promising for any of the 14 CPE applicants listed by ICANN here. I’ll give $50 to a charity of the applicant’s choosing if any of them scores more than 14 points.