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Last chance to win newdomains.org tickets

Kevin Murphy, August 11, 2011, Domain Services

Congratulations to Jim Davies, you’ve just won a free conference pass for newdomains.org worth $1,000 for entering the latest DomainIncite competition.

Random.org’s random number sequence generator selected the winning order of tweets qualifying for the draw, and Twitter handle @PerthPom came top of the list.

That’s a second Australia-based winner, by the looks of things, after Michael’s win on Monday. I hope you guys can both afford the airfare.

Competition Day Three

I have two final tickets to give away.

To reiterate, they’re Full Conference passes for the newdomains.org conference in Munich, Germany, on September 26 and 27. Flights, hotels and Oktoberfest not included. Details here.

If you want a pass, just leave a comment here before 2359 UTC Sunday August 14, saying why you think you should get one. Make something up.

I’ll use Random.org again to pick the two lucky winners and announce the names on Monday.

All winners will be contacted by somebody from the conference organizer, United-Domains, next week.

UPDATE: Proving just how random Random.org is, the winning order it selected was 1, 2, 3, 4, 5. The winners are TAG and Daniel. I’ll be in touch.

Beckstrom strikes back at ANA threat

Kevin Murphy, August 10, 2011, Domain Policy

ICANN president Rod Beckstrom has come out swinging against the latest attack on its new top-levels domains program, promising to “vigorously defend” it.

In his response to a harshly critical missive from the Association of National Advertisers, Beckstrom calls ANA’s claims “either incorrect or problematic in several respects”.

I think “firmly worded” would be an appropriate way to characterize his letter (pdf).

In it, he notes that the new gTLD program has been on the cards since 1998, and has been developed over several years using input from the entire ICANN community, including ANA itself.

He further states that some of the complaints outlined by ANA president Bob Liodice show a lack of research.

As I noted in my interview with Liodice yesterday, ANA seems to think cybersquatting at the top-level will be enabled unless companies defensively apply for their “.brand” gTLDs.

Beckstrom said that these statements “demonstrate a lack of understanding of Program details”.

The letter suggests that companies have no choice but to apply for their own gTLDs. Operating a gTLD means assuming a number of significant responsibilities; this is clearly not for everyone. Indeed, it is hoped that those without an interest in making a contribution to expanded choice or innovation in the DNS will not apply. One clear directive of the consensus policy advice on which the program is built is that TLDs should not infringe the existing legal rights of others. The objection process and other safeguards eliminate the need for “defensive” gTLD applications, because where an infringement of legal rights can be established using these processes, an application will not be approved.

The response goes on to outline some of the mandatory second-level trademark protection mechanisms that have been included in the program’s Applicant Guidebook.

ICANN is arguably on shakier ground here – making use of these mechanisms is still going to cost brand owners time and money, which is the basis of ANA’s objections.

The question now is whether Beckstrom’s responses will be enough to get ANA to call off the dogs.

He has offered to talk to ANA to “to discuss how the ANA might participate more actively in the policy development activities and other ICANN processes going forward”.

That’s specifically not an offer to get into negotiations with ANA about the contents of the Guidebook or to delay the launch of the program.

That was never going to happen, particularly not in response to a thirteenth-hour complaint from an organization that hasn’t commented on the program for the last two years.

Liodice said yesterday that unless ICANN agrees to suspend the program, ANA plans to lobby the US Congress, its Department of Commerce, and may sue.

Reaction from the domain name industry to Beckstrom’s letter has so far been predictably positive.

ANA chief calls for new gTLDs to be suspended

Kevin Murphy, August 9, 2011, Domain Policy

The president of the Association of National Advertisers said the organization may sue ICANN unless it suspends its new top-level domains program.

Speaking to DomainIncite, ANA’s Bob Liodice said that American industry is “horrified” by the program, which he believes will cost his members a “quite humongous sum of money”.

Liodice wrote to ICANN president Rod Beckstrom a week ago, demanding the program be abandoned and dropping major hints that a lawsuit would be the alternative.

ANA’s board of directors, comprised of representatives of 36 of the largest companies in the US, is “unanimous” in its opposition to the program, he told me.

“We’ve had many conversations with our members, brand owners in the US, and nobody supports this to our knowledge,” Liodice said. “If American industry is not supporting the recommendation to do this, then who is? What is the benefit if brands owners are saying they’re horrified?”

ANA’s members simply do not understand why the program has been introduced, Liodice indicated.

“What’s the problem, what is ICANN trying to solve?” he said.

I put it to him that increasing competition in the registry space is in many ways ICANN’s raison d’etre, built into its founding principles.

“Just because this is something that was supposed to be done back in the Clinton days doesn’t mean it has to be done today,” he said. “The world has changed.”

“I think this is more for the benefit of ICANN than for the benefit of the [advertising] industry,” he said. “ICANN will secure substantial revenue for these changes and put incredible burdens on the industry to no benefit for the industry.”

ICANN, which is obviously a non-profit, says it has priced the program on a cost-recovery basis.

Not convinced by .brands

I asked Liodice if any of ANA’s members had expressed interest in “.brand” gTLDs, and put it to him that enjoy.coke or iwantmy.mtv might be innovative ways to advertise.

“That is not an issue right now,” he said. “The brand for the most part is in the URL anyway, what benefit does it get from moving to right of the dot?”

“The industry is in a period of stability and is very satisfied with status quo,” he added.

Liodice was not aware of the .brand announcements from Canon and Hitachi, but expressed skepticism about their reasons for applying.

“Are those companies saying this is important to me and will further my business interests?” he asked.

Canon USA does appear to be a member of ANA, although it does not have a seat on its board. Hitachi is not a member.

ANA’s plan

Last week’s letter gave Beckstrom an August 22 deadline to respond. The first thing ANA intends to do is wait for his reply, Liodice said.

Anything other than an undertaking to suspend the program for talks is likely to see an escalation.

“We first have to ensure this program is suspended,” Liodice said. “We’re trying to halt the introduction at this point in time and suspend it until we can have these conversations.”

ANA also hopes to speak to the US Department of Commerce, which has an oversight relationship with ICANN, as well as to members of Congress.

“We are lobbying members of Congress to make sure they’re aware of the detrimental characteristics of this, particularly at a time when the world is in great disorder with the financial crisis,” Liodice said.

There’s also the possibility of court action.

While stopping short of saying ANA will definitely sue, Liodice did say that the organization’s lawyers are looking into possible causes of action.

“If the reply is not consistent [with ANA’s requests] we will explore that possibility,” he said.

ANA would be represented by the law firm Reed Smith, which has already published its own statement of support for Liodice’s letter on its web site.

It’s good to talk

My feeling is that some of ANA’s concerns are already dealt with by the program’s Applicant Guidebook, and that a conversation explaining this could help reduce tensions.

Liodice, for example, appears convinced that top-level cybersquatting will be possible – that .coke could be registered by somebody other than Coca-Cola.

My view is that such an obvious transgression would be easily (and relatively cheaply) dealt with using the Legal Rights Objection mechanism already in the Guidebook.

That’s assuming, of course, that the $185,000 application fee failed to be a deterrent, and that a registry back-end provider dumb enough to put its name to the bid could be found.

But even if ANA can be convinced that the risk of TLD-squatting is negligible, its concerns about the potential for problems at the second level will be harder to address.

Let’s face it, while estimates of the increased cost of trademark enforcement vary wildly, nobody has disputed that there will be a cost.

One ANA member has estimated that the per-brand cost to companies would be $2 million over 10 years, Liodice said.

ANA does not appear to have spent much time getting involved in the development of the new gTLD program lately — the most recent submission I could find dates from 2009 — but Liodice said its counsel Reed Smith has been representing it in the ICANN process.

Your second chance to win a $1,000 conference pass

Kevin Murphy, August 8, 2011, Domain Services

Congratulations to “Michael”, you’ve just won a free conference pass for newdomains.org worth $1,000 just for leaving a comment on DomainIncite.

Random.org’s random number sequence generator selected the winning order of comments earlier today, and Michael came top of the list.

His winning answer to the question of “What new gTLD(s) do you think will be successful, and why?” was:

If success is defined by the value it offers the Internet community and not by the number of registrations then I think that a cause based TLD like .Eco or .HIV will be the most successful as they will revolutionize the way we interest with charities online and show our support, ushering in a new era.

I’ve hooked the winner up with conference organizer United-Domains.

And now on to…

Competition Day Two

To be in with a chance at winning the second Full Conference pass to newdomains.org, simply:

1) Follow me on Twitter (if you’re not already doing so).

2) Send a tweet mentioning @domainincite and including the hashtag #conferencecompo

Tweets must be sent by 2359 UTC, Tuesday August 9. I’ll announce the randomly-selected winner here on Wednesday.

Again, the prize does not include transportation or accommodation, but it does include a certain amount of food and drink, along with access to all the panels and exhibits.

The show runs September 26-27 in Munich, Germany.

These Full Conference passes are currently selling for €699 ($1,000) each, so if you’re currently wondering whether or not to attend, a free ticket may help make your mind up.

.xxx reveals new gTLD support problems

Kevin Murphy, August 5, 2011, Domain Tech

It’s late 2012. You’ve spent your $185,000, fought your way through objections, won your contention set, and proved to ICANN that you’re technically and financially capable of running a new generic top-level domain.

The registry contracts have been signed. But will your gTLD actually work?

The experiences of .xxx manager ICM Registry lately suggest that a certain amount of outreach will be needed before new gTLDs receive universal support in applications.

I’ve encountered three examples over the last few days of .xxx domain names not functioning as expected in certain apps. I expect there will be many more.

Skype. Type http://casting.com into a chat window and Skype will automatically make the link clickable. Do the same for the .xxx equivalent, and it does not.

Android, the Google mobile platform. I haven’t tested this, but according to Francesco Cetaro on Twitter, unless you manually type the http:// the domain doesn’t resolve.

TweetDeck, now owned by Twitter. It doesn’t auto-link or auto-shorten .xxx domains either, not even if you include the http:// prefix.

This problem is well known from previous new gTLD rounds. ICANN even warns applicants about it in the Applicant Guidebook, stating:

All applicants should be aware that approval of an application and entry into a registry agreement with ICANN do not guarantee that a new gTLD will immediately function throughout the Internet. Past experience indicates that network operators may not immediately fully support new top-level domains, even when these domains have been delegated in the DNS root zone, since third-party software modification may be required and may not happen immediately.

Similarly, software applications sometimes attempt to validate domain names and may not recognize new or unknown top-level domains.

As a 10-year .info registrant, I can confirm that some web sites will still sometimes reject email addresses at .info domains.

Sometimes this is due to outdated validation scripts assuming no TLD is longer than three characters. Sometimes, it’s because the webmaster sees so much spam from .info he bans the whole TLD.

This is far less of an issue that it was five or six years ago, due in part to Afilias’s outreach, but just this week I found myself unable to sign up at a certain phpBB forum using my .info address.

I understand ICM has also been reaching out to affected app developers recently to make them aware that .xxx now exists in the root and has resolvable domains.

ICANN also has released code in C#, Java, Perl, and Python (though not, annoyingly, PHP) that it says can be easily dropped into source in order to validate TLDs against the live root.

The last beta was released in 2007. I’m not sure whether it’s still under development.

(UPDATE: CentralNic CTO Gavin Brown has knocked up a PHP implementation here.)