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DotMusic fails the “not gay enough” community test

Kevin Murphy, February 11, 2016, Domain Policy

DotMusic’s Community Priority Evaluation for the .music gTLD has failed, after the CPE panel decided the company was just trying to exploit ICANN rules to get its hands on a valuable string.

In a decision (pdf) published last night, the company score 10 of the available 16 points, four points shy of a passing score. The panel wrote:

The Panel determined that this application refers to a proposed community construed to obtain a sought-after generic word as a gTLD. As previously stated, the community as defined in the application does not have awareness and recognition among its members. Failing this kind of “cohesion,” the community defined by the application does not meet the [Applicant Guidebook’s] standards for a community.

The CPE fell apart at the first hurdle, with the panel awarding 0 out of 4 points on the “community establishment”.

It essentially ruled that the “music community” does not exist, despite frequent statements to the contrary from DotMusic and its legion of supporters.

DotMusic appears to have been condemned for the same reason as dotgay, the failed .gay community applicant.

While DotMusic and dotgay lost points on different criteria, their undoing in both cases was attempting to define a community that their respective panels judged overly broad.

DotMusic’s application included a list of 40 or more North American Industry Classification System categories of industry that it said were within its music community.

However, where it said “music lawyers” or “music accountants”, it referred to the NAICS codes for just “lawyers” and “accountants”, the panel noted.

This seems to have been responsible to a large extent for it losing its points on the “community establishment” criteria.

The CPE panel could said that while its proposed community members exhibited a “commonality of interest” there was no evidence of “cohesion” among them.

Further, no one preexisting organization could be said to cover the interests of the over-broad community as defined. The panel wrote:

There should, therefore, be at least one entity that encompasses and organizes individuals and organizations in all of the more than 40 member categories included by the application. Based on information provided in the application materials and the Panel’s research, there is no entity that organizes the community defined in the application in all the breadth of categories explicitly defined.

A knock-on effect of this was that DotMusic also dropped a point on the “community endorsement” criteria, despite having hundreds of letters of support from members of the music industry.

It dropped a further point because the string “music” only “identifies” but does not “match” its proposed community.

DotMusic will perhaps not take comfort from the fact that its losing score of 10 comprehensively beat rival community applicant Far Further by seven points.

With both community applications ruled invalid, .music should now head to auction, where there are eight applicants in total.

But .music is a bit of a passion project for DotMusic CEO Constantine Roussos — one of the few applicants who publicly announced his intention to apply long before it was possible to do so — so I think an appeal through the ICANN process is inevitable.

While DotMusic has support from powerful music industry figures, I don’t think that support extends to the kind of financial backing that will let it win a seven-to-eight-figure auction.

Don’t expect to see .music in your registrar storefront any time soon.

Donuts makes Hollywood content policing deal

Kevin Murphy, February 9, 2016, Domain Registries

Donuts has made a deal with the American movie industry that will make it easier to take down piracy domains.

The Motion Picture Association of America has been given a “Trusted Notifier” status, and the two companies have agreed upon a domain take-down framework.

The agreement targets “large-scale pirate websites”, Donuts said.

It’s the first such deal Donuts has made, executive VP Jon Nevett told DI, but it’s likely to be extended into other industries, possibility including music, pharmaceuticals and child abuse prevention.

“This could be a model for not just content-related issues,” he said.

Nevett did not want to get into much detail about the specifics of the take-down process by discussing the definition of “large scale” or timing, but he did say that the MPAA has an obligation to do manual research into each domain it wants suspending.

After it receives a report from the MPAA, Donuts will reach out to the registrar and registrant to ask for an explanation of the alleged piracy.

A decision to suspend the domain or leave it alone would be made “solely in our discretion”, Nevett said.

Donuts already has this in its acceptable use policy, which reads in part:

Donuts reserves the right, at its sole discretion and at any time and without limitation, to deny, suspend, cancel, redirect, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it determines necessary for any of the following reasons:

domain name use is abusive or violates this AUP, or a third party’s rights or acceptable use policies, including but not limited to the infringement of any copyright or trademark;

While Donuts is the registry for .movie and .theater, the MPAA agreement applies to all of its almost 200 gTLDs.

The announcement comes the day before the Domain Name Association meets to discuss its Healthy Domains Initiative.

Nevett said that DNA members will meet tomorrow with law enforcement, IP owners, and abuse prevention and security folk to seek input on the question “What are tenets of healthy domain ecosystem?”

That input will be discussed at a subsequent DNA meeting, likely to coincide with the ICANN meeting in Marrakech this April.

The eventual goal is to come up with a set of voluntary best practices for registries and registrars.

Nevett stressed that the MPAA deal, and whatever the DNA comes up with, are voluntary agreements made outside the auspices of ICANN’s contracts.

Despite this, the “Trusted Notifier” concept does put me in mind of section 3.18 of the Registrar Accreditation Agreement, where governmental or affiliated entities are given special powers to have dodgy domains investigated and suspended.

New gTLDs top 12 million domains

Kevin Murphy, February 9, 2016, Domain Registries

The new gTLD universe passed 12 million domains for the first time today, according to zone files.

Today, we counted 12,001,346 domains across all the 2012-round gTLD zones, up by just under 60,000 names on the day.

Over 50,000 of the new names were split fairly evenly between .xyz and .club, which seem to be the beneficiaries of a domainer surge that’s been going on for the last four days.

As of today, .club has overtaken .wang to be the third-largest zone, with 638,565 names.

It’s taken less than one month for the new gTLDs to add their latest million names.

Our total zone file count topped 11 million on January 12.

.xyz alone has added over 380,000 names since then; .club another 90,000. Most of that growth has come in the last seven days.

Second-placed budget Chinese-run gTLD .top has added over 95,000 names in the last 30 days.

Zone files don’t take account of domains that are registered but don’t have name servers, so the actual number of registered names will be slightly higher.

.xyz passed two million names, growing like crazy

Kevin Murphy, February 9, 2016, Domain Registries

The .xyz gTLD at the weekend became the first new gTLD to pass the two million domains mark, as it experiences ridiculously fast growth.

Its zone file has grown by 274,315 domains in the last seven days, hitting 2,092,346 yesterday.

It added 130,000 names on Saturday alone.

That’s the kind of growth more usually associated with .com, and pre-2012 new TLD launch periods.

It’s reasonable to assume that the majority of these names are being registered for investment purposes. It seems Chinese registrars processed much of the spike.

But XYZ.com isn’t the only registry that saw a big spike over the weekend.

.CLUB Domains’ .club added almost 44,000 names to its zone between Saturday and Monday. Its usual daily add rate is around the 1,000 mark.

“We’re not homophobic!” ICANN pleads as it throws out .gay appeal

Kevin Murphy, February 3, 2016, Domain Policy

ICANN has refused dotgay LLC’s latest appeal against adverse .gay decisions, and has taken the unusual step of preemptively defending itself against probably inevitable accusations from gay rights groups.

On Monday, the Board Governance Committee threw out dotgay’s Request for Reconsideration, in which the company had asked for a third crack at the Community Priority Evaluation process that could have seen it win .gay without paying at auction.

Today, BGC chair Chris Disspain published a blog post that’s basically a defense against accusations that ICANN is somehow intolerant or ignorant of gay issues.

The post explains the RfR process, explains that the latest decision doesn’t mean there won’t be a .gay or that dotgay won’t win the contention set, winding up:

I want to make clear that the denial of the Request for Reconsideration is not a statement about the validity of dotgay LLC’s application or dotgay LLC’s supporters. The decision means that the BGC did not find that the CPE process for dotgay, LLC’s .GAY application violated any ICANN policies or procedures.

It is ICANN’s responsibility to support the community-developed process and provide equitable treatment to all impacted parties. We understand that this outcome will be disappointing to supporters of the dotgay LLC application. We appreciate the amount of interest that this topic has generated within the ICANN community, and we encourage all interested parties to participate in the multistakeholder process to help shape how future application rounds are defined.

dotgay’s two CPEs, which were evaluated by the Economist Intelligence Unit, failed because the company defined its “community” too broadly, to include people who aren’t gay.

The company says that it’s “common sense” that “gay” is an umbrella term not only for lesbian and bisexual people, but also for people with non-standard gender identities and straight people who support equal rights.

(As an aside, I recently learned that former boxing promoter Kellie Maloney, the UK’s poster girl for transgender issues, disagrees with same-sex couples raising kids and once called for gay pride marches to be banned. I wonder how she fits under this umbrella.)

But the second EIU panel “determined that the applied-for string does not sufficiently identify some members of the applicant’s defined community, in particular transgender, intersex, and ally individuals”.

The CPE application fell apart on that basis. It scored 10 of the available 16 points, four points shy of a winner.

Due to the sensitive nature of this kind of thing, and the fact that dotgay does have a truckload of genuine support from prominent campaigning members of its community, ICANN and the EIU have come in for criticism.

Some of that criticism has implied that ICANN, the EIU, the process or all three are in some way homophobic or at least ignorant.

An article on gay news website The Gayly this week said: “The EIU’s actions contradict all common sense and are being interpreted as the outcome of a hostile environment.”

dotgay encouraged supporters to tweet: “Say NO to unfair & unequal treatment of the gay community at the hands of @TheEIU #Yes2dotgay”.

I’ve seen some tweets from supporters that use stronger language, which I’m guessing is what the BGC is trying to preempt today.

Now that it has exhausted the RfR process without success, expect dotgay to file an Independent Review Process appeal with ICANN, delaying the .gay contention set resolution for a year or more.