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David and Goliath? DotMusic confirms .music win

Kevin Murphy, April 12, 2019, Domain Registries

Cyprus-based registry upstart DotMusic Ltd has confirmed that it has secured the rights to the .music gTLD.

Founder and CEO Constantinos Roussos tweeted the news overnight.

It is not known how much DotMusic paid for the string, which I believe was auctioned in late March.

DotMusic fought off competition from seven other applicants, including some heavy-hitters: Google, Amazon, Donuts, Radix, Far Further, Domain Venture Partners and MMX.

MMX’s application was the last to be withdrawn, last night.

It’s not impossible that .music could launch before the end of the year, after DotMusic has completed the remaining pre-delegation steps such as signing its ICANN registry contract.

There will also be a couple of launch phases that give priority to members of the music industry.

Even when it goes to general availability, it won’t be a free-for-all, however.

DotMusic, in its efforts to secure support from the piracy-fearful music industry, proposed relatively strict “enhanced safeguards” for .music.

Registrants will have to verify their identity by phone as well as email in order to register a domain. They’ll also be restricted to strings matching their “their own name, acronym or Doing Business As”.

I don’t think the policies as outlined will be enough to prevent speculation, but they will add friction, possibly throttling sales volume.

In other news, it turns out Dewey did in fact defeat Truman.

.music update: I’m calling it for Costa

Kevin Murphy, April 10, 2019, Domain Registries

Amazon has pulled out of the fight for the .music gTLD, and I’m ready to call the race.

In full knowledge that this could be my “Dewey Defeats Truman” moment, it seems to me the balance of evidence right now is strongly pointing to a win for DotMusic over sole remaining rival bidder MMX.

The contention set originally had eight applicants, but six — Google, Donuts, Radix, Far Further, Domain Venture Partners and last night Amazon — have withdrawn over the last week or so.

This is a sure sign that the battle is over, and that the rights to .music have been auctioned off.

The two remaining applicants yet to withdraw are DotMusic Ltd, the Cyprus-based company founded and managed by music enthusiast and entrepreneur Constantinos Roussos, and Entertainment Names Inc, a joint venture managed by MMX (aka Minds + Machines).

One of them will withdraw its application soon, and my money’s on MMX.

Neither company will talk to me about the result.

But, as I observed Monday, DotMusic has recently substantially revamped its web site, and appears to be accepting “pre-registrations” for .music domains. These are not the actions of a loser.

MMX, on the other hand, has never shared Roussos’ public enthusiasm for .music and has never been particularly enthusiastic about winning private gTLD auctions, usually preferring instead to enjoy the proceeds of losing.

There are only two wildcard factors at play here that may soon make me look foolish.

First, the joint venture partner for Entertainment Names is an unknown quantity. Its two directors, listed in its .music application, are a pair of Hollywood entertainment lawyers with no previous strong connection to the ICANN ecosystem. I’ve no idea what their agenda is.

Second, MMX did not mention .music once in the “Post Period Highlights” of its recently filed 2018 financial results statement. It did mention the resolution of the .gay and .cpa contention sets, but not .music.

That filing came out April 3, at least a few days after the contention set had been won, but I’m assuming that the tight timing and/or non-disclosure agreements are probably to blame for the lack of a mention for .music.

So, on balance, I’m calling it for Roussos.

With a bit of luck we’ll have confirmation and maybe a bit of detail about potential launch dates before the week is out.

Did Roussos pull off the impossible? Google, Donuts, Radix all drop out of .music race

Google won’t be the registry for the .music gTLD.

The company, along with pure-play registries Donuts and Radix, late last week withdrew their respective applications from the .music contention set, leaving just three possible winners in the running.

Those are Amazon, MMX, and DotMusic, the company run by long-time .music fanboy Constantinos Roussos.

As I blogged last week, applications from Domain Venture Partners and Far Further have also been withdrawn.

I suspect, but do not know for a fact, that the contention was settled with a private deal, likely an auction, recently.

The logical guess for a winner would be Amazon, if only because of the nexus of its business to the music industry and the amount of money it could throw at an auction.

But I’m beginning to suspect that DotMusic might have prevailed.

The company appears to have recently revamped its web site, almost as if it’s gearing up for a launch.

Comparing the current version of music.us to versions in Google’s cache, it appears that the site has been recently given a new look, new copy and even a new logo.

It’s even added a prominent header link inviting prospective resellers to sign up, using a form that also appears to have been added in the last few weeks.

These changes all seem to have been made after the crucial ICANN vote that threw out the last of DotMusic’s appeals, March 14.

Are those the actions of an applicant resigned to defeat, or has Roussos pulled off the apparently impossible, defeating two of the internet’s biggest companies to one of the industry’s most coveted and controversial strings?

Participants in gTLD auctions typically sign NDAs, so we’re going to have to wait a bit longer (probably no more than a few days) to find out which of the remaining three applicants actually won.

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.

Economist would sue ICANN if it publishes private emails

Kevin Murphy, February 14, 2018, Domain Policy

The Economist Intelligence Unit has threatened to sue ICANN if it publishes emails related to its evaluations of “community” gTLDs.

That’s according to a document published by ICANN this week, in which the organization refused to reveal any more information about a controversial probe into the Community Priority Evaluations the EIU conducted on its behalf.

EIU “threatened litigation” should ICANN publish emails sent between the two parties, the document states.

New gTLD applicant DotMusic, which failed its CPE for .music but years later continues to fight for the decision to be overturned, filed a Documentary Information Disclosure Policy request with ICANN a month ago.

DIDP is ICANN’s equivalent of a Freedom of Information Act.

DotMusic’s request among many other items sought the release of over 100,000 emails, many sent between ICANN and the EIU, that ICANN had provided to FTI Consulting during FTI’s investigation into whether the CPEs were fair, consistent and absent ICANN meddling.

But in its response this week, ICANN pointed out that its contract with EIU, its “CPE Provider”, has confidentiality clauses:

ICANN organization endeavored to obtain consent from the CPE Provider to disclose certain information relating to the CPE Process Review, but the CPE Provider has not agreed to ICANN organization’s request, and has threatened litigation should ICANN organization breach its contractual confidentiality obligations. ICANN organization’s contractual commitments must be weighed against its other commitments, including transparency. The commitment to transparency does not outweigh all other commitments to require ICANN organization to breach its contract with the CPE Provider.

DotMusic’s DIDP sought the release of 19 batches of information, which it hopes would bolster its case that both the EIU’s original reviews and FTI’s subsequent investigation were flawed, but all requests were denied by ICANN on various grounds.

In more than one instance, ICANN claims attorney-client privilege under California law, as it was actually ICANN’s longstanding law firm Jones Day, rather than ICANN itself, that contracted with FTI.

The FTI report cleared ICANN of all impropriety and said the EIU’s CPE process had been consistent across each of the gTLD applications it looked at.

The full DIDP request and response can be found here.

ICANN has yet to make a decision on .music, along with .gay, .hotel, .cpa, and .merck, all of which were affected by the CPE reviews.