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.music applicant caught using bogus Wikipedia page

Kevin Murphy, August 10, 2015, Domain Registries

DotMusic Limited, the .music applicant founded by Constantine Roussos, is using a highly suspicious Wikipedia page in its attempt to win the .music contention set.

The applicant and many supporters have been citing the Wikipedia “music community” page in support of DotMusic’s ongoing Community Priority Evaluation, despite the fact that the page draws text, without citation, from DotMusic’s own application.

The Wikipedia page was created October 21, 2014, just two weeks after rival .music applicant Far Further spectacularly failed in its own Community Priority Evaluation bid.

In March this year, DotMusic cited (pdf) a November 26 version of the Wikipedia page in whole in a controversial application change request.

Three of its supporters (Jeunesses Musicales International, International Society of Music Education, and International Federation of Musicians) have cited the Wikipedia article in DotMusic-drafted letters sent to ICANN.

An early version of the sign-and-submit form letter DotMusic is encouraging supporters to send to ICANN included the Wikipedia reference (this one, for example) but it appears to have been removed from form comments sent after the end of July.

Its web site currently says that its definition of “music community” is “confirmed by Wikipedia”.

In fact, the Wikipedia page pulls lots of its language from DotMusic’s 2012 new gTLD application, as represented in the table below.

WikipediaDotMusic
Music community is defined as a logical alliance of interdependent communities that are related to music,  The Community is a strictly delineated and organized community of individuals, organizations and business, a “logical alliance of communities of a similar nature (“COMMUNITY”)”
The music community shares a cohesive and interconnected structure of artistic expression, with diverse subcultures and socio-economic interactions between music creators, their value chain, distribution channel and fans subscribing to common ideals.  The Community and the .MUSIC string share a core value system of artistic expression with diverse, niche subcultures and socio-economic interactions between music creators, their value chain, distribution channel, and ultimately engaging fans as well as other music constituents subscribing to common ideals.
Under such structured context music consumption becomes possible regardless whether the transaction is commercial and non-commercialUnder such structured context music consumption becomes possible regardless whether the transaction is commercial and non-commercial

The phrase “logical alliance” originates in the ICANN Applicant Guidebook, as part of the CPE rules.

But that still leaves two sentences that appear to have been only lightly edited after being taken wholesale from the DotMusic application.

The Wikipedia page does not refer to domain names or ICANN, nor does it cite DotMusic as a source, despite the fact (per a Google search) that phrases such as “socio-economic interactions between music creators” have only ever appeared in .music’s application.

That’s unusual, because the citations in the article, many of which are to weighty, barely comprehensible scholarly works, give the impression of a well-researched and well-sourced piece.

Only one Wikipedia editor, known by the handle Dr. Blofeld, has contributed anything of substance to the page. Three others have provided cosmetic edits.

While a prolific editor since 2006, the closest he had previously come to writing an article about music were his contributions to a page about a green Versace dress once worn by singer Jennifer Lopez, according to Blofeld’s user page.

He seems to be much more interested in nature, architecture and film (including James Bond films, naturally).

On wonders why he had the sudden urge to scratch-build a 375-word article about the “music community”, having evidently read a dozen academic works on the topic, that fails to cite DotMusic’s application as the source of some of the text.

In summary, the evidence points towards the article being created solely for the purpose of assisting DotMusic towards a CPE victory that would save it the seven-figure sum .music is likely to fetch if it goes to auction.

There are eight applicants for .music in total.

Dirty tricks claimed in .music fight

Kevin Murphy, April 22, 2015, Domain Registries

A .music hopeful has tried to add over 300 pages of documents to its new gTLD application, apparently in an effort to leapfrog competitors, and its rival community applicant is far from happy.

DotMusic Limited submitted the change request (pdf) in order to add some Public Interest Commitments to its .music bid.

Rival .Music LLC now claims that it is “outrageous and unfair for ICANN to allow this applicant to abuse the PIC process in this way” and has filed a Request for Reconsideration.

Of the eight .music bidders, these two companies are the only formal “community” applicants.

Under the rules of the new gTLD program, community applicants can avoid having to fight an auction if they win a strict Community Priority Evaluation.

To avoid confusion: DotMusic Limited is the applicant led by Constantine Roussos; .Music LLC (aka Far Further) is led by John Styll.

Far Further fought a CPE last year but lost in spectacular fashion, scoring just 3 out of the 16 available points, a long way shy of the 14 points required for a pass.

The Roussos applicant has now submitted eight new proposed Public Interest Commitments — things it promises to do to protect registrants and rights holders — as an addendum to its application.

That’s pretty standard stuff.

What’s unusual are the 308 pages of additional “clarifications” that seek to explain how the proposed PICs relate to its original application.

They’re not changes to the application, technically speaking, but they are a way to get hundreds of extra pages of content into the public record ahead of DotMusic’s own CPE.

According to Styll, this latest gambit is nothing more than an attempt to score more CPE points. He told ICANN:

the 308 additional pages of “clarifications” contain wording that clearly utilizes learnings from previous CPE results (including our own), in violation of ICANN policy

Complicating matters, it turns out that Far Further tried to make some substantive changes to its application back in May 2014, but had the request declined by ICANN “in order to be fair to other applicants”.

That was prior to ICANN’s publication of guidelines governing change request, Styll says.

Because of this alleged discrepancy between how the two competing change requests were handled, Far Further wants a second crack at the CPE for its own application.

Its RfR (pdf) asks ICANN to reverse its May 2014 decision, allow its change request, throw out the original results of its CPE and refer the CPE to a new Economist Intelligence Unit panel for a full reevaluation.

Failing that, it wants ICANN to throw out the 308 pages of “clarifications” submitted by DotMusic.

Both applicants have the written support of dozens of music industry groups.

There’s some crossover, but Far Further’s backers appear to me to be a little more “establishment” than DotMusic’s, including the likes of the Recording Industry Association of America.

The other, non-community applicants are Amazon, Google, Donuts, Radix, Famous Four Media and Entertainment Names.

With Google and Amazon in the mix, if it goes to auction, .music could easily be an eight-figure auction along the lines of .app, which sold to Google for $25 million.

In my view, winning a CPE is the only way DotMusic has a chance of getting its hands on .music, short of combining with another applicant.

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.

M+M joins .music fight

Kevin Murphy, March 23, 2012, Domain Registries

Minds + Machines parent Top Level Domain Holdings has become the third company to publicly confirm an application for the .music top-level domain.

TLDH has partnered with “music industry figures including artists, managers, music producers and lawyers” going by the name of LHL TLD Investment Partners on a joint-venture bid.

M+M will provide the technical back-end for the applicant.

The other two known applicants for .music are Far Further, which has the backing of most major music trade groups, and the long-running MyTLD/Music.us/Roussos Group campaign.

Assuming Roussos and TLDH can each pull one plausible public comment objection out of the bag, Far Further’s Community Priority Evaluation is probably scuppered.

With two objections, a CPE candidate needs a perfect 14/14 score on the remaining criteria, which is likely going to be pretty difficult when you’re applying for such a generic term.

In other new gTLD applicant news…

.miami — TLDH also announced today that it plans to apply for .miami, having secured the support of City of Miami in a 4-0 vote of its commissioners.

.nyc – The city of New York has reportedly granted its consent to Neustar to apply for .nyc, apparently beating out other wannabe applicants including TLDH.

.vlaanderen – The Flemish government has awarded the right to apply for .vlaanderen (.flanders) to DNS.be. The registry will reportedly work with Nic.at on the application.

.nagoya – GMO Registry has announced a bid for the Japanese city gTLD .nagoya, with the backing of the local government. Nagoya is Japan’s third-largest city.

RIAA backs .music new gTLD bid

Kevin Murphy, February 7, 2012, Domain Registries

The Recording Industry Association of America has picked a side. It’s supporting Far Further’s application for the .music generic top-level domain, according to the company.

The RIAA is one of over a dozen music industry groups that are currently listed as supporters of the Far Further bid.

Among them is the influential International Federation of Phonographic Industries and The Recording Academy, which hands out the Grammys.

The support was hard won, according to Far Further president John Styll.

“The RIAA put together a loose coalition of organizations from sectors from around the world and ran a pretty intensive RFI process,” he said.

The company beat off competition from several other respondents and received word that the RIAA would support its .music application a few months ago, he said.

It’s been clear for some time that any .music applicant that does not have the backing of the RIAA will very likely get beaten up by the notoriously protective organization instead.

The RIAA wrote to the US Department of Commerce last August to demand that any music-themed gTLD should implement “heightened security measures” to prevent copyright infringement.

And that’s pretty much what Far Further has promised.

Its .music would be restricted, along the same lines as gTLDs such a .pro, to card-carrying members of what the company calls “accredited Global Music Community Members”.

“It’s not open to everyone,” Styll said. “You’d have to join an organization.”

Amateur bands would have to be members of an accredited songwriters association to get a .music address, for example.

In addition, the content of .music web sites would be policed in a similar way to .xxx or .cat, with regular spidering to ensure the content does not break the rules.

“We’re definitely looking at content, and besides the vetting process, in the registrant agreement there’ll be a warrant you’re not going to violate anyone’s intellectual property rights,” said Styll.

“We’re retaining the right to conduct searches,” he said. “If we find evidence of infringing activity we’ll give you the opportunity to correct that, or we can take down the site.”

Far Further is not the only known .music applicant, of course.

Constantine Roussos of Music.us and MyTLD has been passionately campaigning for the gTLD for years, and his enthusiasm has not waned even if his chances have.

“We’re still going after .music,” he confirmed yesterday. He added that he expects it to be a two-horse race, given these recent developments.

Make no mistake, with backing from the RIAA and other influential industry groups Far Further is now the runaway favorite in the battle for .music. Roussos has quite a fight on his hands.

DomainIncite PRO subscribers can read more about it here.

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