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1.8 million UK grandfathers die after Nominet deadline hits

The deadline for registering “grandfathered” second-level domains in .uk passed this morning, leaving at many as 1.88 million names unclaimed.

From June 2014 until 0500 UTC this morning, anyone who owned a third-level domain in zones such as .co.uk or .org.uk had rights to register the matching 2LD under .uk.

Those rights have all expired now, and all the unclaimed 2LDs will be returned to the available pool next month.

Four days ago, Nominet said that there were still 1.88 million rights that had not been exercised. That’s from the over 10 million 3LDs whose registrants were initially given rights.

In March, 3.2 million names were still unclaimed. It seems about 1.4 million names have been claimed, or expired, at the eleventh hour, almost all in June.

One way of looking at it is that the owners of almost one in five .co.uk domains either decided they didn’t want the matching 2LD, or were unaware that it was available.

But about half of the original domains with rights have since dropped, so the portion of current 3LD owners now at risk of confusion with their 2LD match could actually be more like four in 10.

At the end of May, 2,439,181 .uk domains had been registered (including non-grandfathered domains) and there were 9,729,224 names registered at the third level.

The 1.8 million unclaimed names will now be the subject of a landrush.

On July 1, Nominet will start releasing the names in batches, alphabetically.

Accredited registrars will start slamming the registry — Nominet has set up a separate set of EPP infrastructure purely for this expected onslaught — with requests to register the most-valuable names.

Some registrars have been taking pre-registrations and will auction any names they successfully claim to the customers who put in pre-orders.

After a week, any names not already claimed by registrars will be released to the public, again in batches, starting from July 8.

The system has been criticized by smaller registrars, many of which believe Nominet is giving its larger registrars a much better chance at winning the good names simply because they have deeper pockets.

auDA reveals cut-off date for 2LD priority

Australian ccTLD manager auDA has revealed how old your .com.au domain has to be to qualify for priority registration of the matching second-level .au domain.

If you registered your current domain before February 4, 2018, you will get “category 1” priority. Names registered after that are considered “category 2”.

The categories will come into play when auDA makes direct 2LDs registrations available at some point in the fourth quarter this year.

Category 1 domain owners will have until April 20 next year to catch their match, then category 2 owners get until August 1.

It’s a much speedier process than the five-year grandfathering period Nominet offered in .uk domains.

After the priority periods are over, all unclaimed .au domains will be released to the available pool.

Brand owners, domain investors, and actually basically anyone who owns a .com.au or .org.au domain has a little over 13 months to make their mind up whether they want to run the risk of confusion with a third-party owner of a very similar domain.

Pricing is the same as third-level domains, so opting in to the 2LD basically doubles the price of participating in .au ownership.

auDA’s draft rules for the process can be read here (pdf).

Second-level .au domains ARE coming soon

Australian ccTLD manager auDA has given itself approval to start selling .au domains at the second level for the first time.

auDA said today that it plans to lift its third-level-only rule in the fourth quarter this year.

The date of October 1 has been penciled in, but auDA said it will release more details as the time approaches.

There will be a grandfathering policy in place for existing registrants of 3LDs under the likes of .com.au and .org.au, but its deadlines are much tighter than the policies in, for example, .uk.

Under the published rules (pdf), registrants who owned 3LDs in .au before a cut-off date will get first dibs on the matching 2LD.

That priority period will end April 1, 2020.

After that, registrants who bought their .au names between the cut-off date and now will get also get priority, until August 1, 2020.

The cut-off date has yet to be determined by the auDA board of directors.

After the priority period is over, all unclaimed domains will be available to register by anyone.

You’re basically looking at six to 10 months of grandfathering rights, compared to the five years Nominet offered in when it made direct 2LD registration possible in .uk.

The 2LD policy has been four years in the making, and has courted controversy along the way.

Domain investors in particular have complained, worried that 2LDs will cause confusion and dilute the value of their 3LD investments.

auDA rejects domaining ban but approves second-level domains

Kevin Murphy, April 16, 2019, Domain Policy

Australian ccTLD registry auDA has rejected a proposal that would have essentially banned domainers from the .au space.

In response to recommendations of its Policy Review Panel, auDA management said that the PRP “has not provided any evidentiary material” that so-called “warehousing” is harmful.

It further concluded that the policies proposed for monitoring and rooting out suspected domainers would disproportionately increase compliance costs for both registrants and auDA itself.

In management’s response (pdf) to the PRP, auDA wrote that the ban would make investors second-class citizens when compared to powerful trademark owners:

The warehousing prohibition appears to disproportionately target domain investors as the licence portfolios or holdings of trademark and brand owners will be excluded under the PRP proposal. This proposal elevates the rights of trademark and other intellectual property owners over other licence holders in the .au domain, which may give rise to issues of market power and anti-competitive practices. Management believes that further information is required to assess whether the net benefit to the community of prohibiting warehousing in respect of a class of registrants outweighs the competition issues. For these reasons Management believes that there should be no change to the existing policy position.

It added:

Management does not support the PRP recommendation for a resale and warehousing prohibition for the reasons set out earlier. The proposed test for determining whether a registrant has contravened the resale and warehousing prohibition will increase compliance costs for registrants and administration, monitoring and enforcement costs for auDA. These costs may be disproportionate to the risk or severity of the harm to the community from warehousing and the cost of a licence in the .au domain.

Not only did it decide not to crack down on domainers, but auDA also plans to make their lives a little easier by updating current eligibility policy to explicitly state that parking, or “monetization”, is permitted.

To ensure there is no ambiguity or reliance on interpreting ‘content’, auDA management has recommended an additional allocation criteria can be applied to com.au and net.au which would include that a domain name could be used for the purpose of pay-per-click or affiliate web advertising/ lead generation, or electronic information services including email, file transfer protocol, cloud storage or managing Internet of Things (IoT) devices.

It’s a comprehensive win for domainers, such as those represented by the Internet Commerce Association, which had been outraged by the PRP’s findings.

It’s less good news when it comes to the perhaps more controversial plans to allow direct, second-level registrations under .au.

auDA has decided to go ahead with these longstanding plans, which domainers worry will promote confusion and dilute the value of their third-level .com.au portfolios.

The new draft plans (pdf) for the launch of 2LDs would see existing 3LD registrants given “priority status” to register the exact-match 2LD.

There would be a six-month application window for registrants to lodge their claims, beginning October 1 this year.

If the .com.au version and .org.au version, for example, were owned by different parties, the registrant with the earliest registration date would have priority.

After the application window closed, any unclaimed domains would be made available on a first-come, first-served basis.

These rules, and all the results of auDA’s response to the PRP, are open for public comment until May 10.

Domainers could lose their names as .au loophole closes

Kevin Murphy, June 14, 2018, Domain Policy

Domain investors dabbling in the .au space could face losing their names under new policies set to be proposed.

The .au Policy Review Panel, which helps set policy for Australian ccTLD registry auDA, said this week it is thinking about closing a loophole related to domain monetization that has allowed “speculation and warehousing” in violation of longstanding rules.

Monetized domains are “largely detrimental” to .au and rules permitting the practice should be scrapped, the panel is expected to formally conclude.

Anyone currently monetizing domains could be given as little as a day to comply with the new rules or face losing their names.

The expected recommendations were outlined in a memo (pdf) penned by panel chair John Swinson, an intellectual property lawyer, who wrote:

the Panel received a lot of feedback and information from the public that Domain Monetisation is largely detrimental to the name space. Feedback, including from sophisticated businesses, domain brokers and portfolio owners, was one could register almost any domain name under the Domain Monetisation rule, and that the current rules were unclear, and that domain names were being registered under the cover of Monetisation primarily for the purposes of resale or warehousing (which is contrary to the current policy).

Current auDA policy on domaining, dating from 2012, is pretty clear when it comes to domainers: “A registrant may not register a domain name for the sole purpose of resale or transfer to another entity.”

However, there’s a loophole when it comes to domains that are monetized with ad links. If a domain is monetized, reselling no longer becomes its “sole purpose”.

Another auDA policy also from 2012 specifically permits monetization as a valid reason for owning a .com.au or .net.au name.

It says that monetized domains must carry ad content relevant to the topic of the domain, and that there should be no brand infringement in the domain itself.

Swinson’s panel agreed in a May 1 meeting (pdf) that this rule should be scrapped.

It’s not entirely clear what would come to replace it, as the panel doesn’t seem likely to actually ban monetization as such. Swinson wrote:

Because the current rules are outdated, inconsistent and unclear, it is difficult to enforce the current rules that prevent the registration of domain names for domain speculation and warehousing.

The Panel’ s current view is that Domain Monetisation will not be banned, but of itself will not be a basis to meet the allocation criteria.

The “allocation criteria” refers to the eligibility requirements for .au domains, which currently require a “close and substantial” link between the registrant and the name.

The panel’s memo states that there would be a “grandfathering” period during which domainers whose sites do not comply with the new policy would have time to update them:

The Panel’s current view is to recommend that any new eligibility and allocation rules should apply on the next renewal of a domain name license. This will give domain name licensees who meet the current rules, but who will not meet any new rules, time to deal with the non-compliance.

The problem here of course is that the “next renewal” could be anywhere from a day to two years away, depending on the domain. That’s probably an area the panel needs to look at.

The monetization issue is one of several addressed in the panel’s interim report (pdf), which also looks at the possibility of direct, second-level domain registration.

Any new policy on either issue is still many months away.

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