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ICANN takes the reins again as .amazon talks fail

Kevin Murphy, April 10, 2019, Domain Policy

ICANN has re-involved itself in the fight over the .amazon gTLD, after Amazon and eight South American governments failed to reach agreement over the name.

ICANN chair Cherine Chalaby wrote this week to the Amazon Cooperation Treaty Organization to inform the group that it is now ICANN that will decide whether the proposed dot-brand domain is approved or not.

ICANN’s board had given Amazon and ACTO until April 7 to come to a mutual agreement that addressed ACTO’s sovereignty concerns, but they missed that deadline.

According to the BBC World Service, citing unnamed diplomats, ACTO wanted Amazon to create a kind of policy committee, with seats at the table for governments to veto second-level domains Amazon decides it wants to register in .amazon in future.

Amazon declined this demand, instead offering each of the eight ACTO countries its two-letter country-code under .amazon — br.amazon for Brazil, for example — the Beeb reported at the weekend.

Now that ICANN’s deadline has passed, ACTO appears to have lost its chance to negotiate with Amazon.

ICANN has now asked the company to submit a plan to address ACTO’s concerns directly to ICANN by April 21.

From that point, it could go either way. ICANN might approve the .amazon application, reject it, or push it back to Amazon for further work.

But .amazon may not necessarily be on the home straight yet. A straightforward approval or rejection will very likely provoke howls of anguish, and further appeals action, from the losing side.

Italian bank is the latest dot-brand to bow out

Kevin Murphy, April 10, 2019, Domain Registries

Banca Nazionale del Lavoro, Italy’s sixth-largest bank, has become the latest new gTLD owner to tell ICANN it no longer wishes to run its dot-brand.

It’s the 47th new gTLD to request termination of its registry contract. The affected TLD is .bnl.

ICANN has already decided not to transition the contract to a new owner, as usual.

Also as usual, the gTLD has never been used above and beyond the obligatory nic. site.

What makes this termination somewhat noteworthy is that BNL is a subsidiary of French bank BNP Paribas, which is one of the most enthusiastic dot-brand owners out there.

BNP Paribas dumped its .fr and .net domains in favor of its domains under .bnpparibas back in 2015 and currently has roughly 250 domains in its zone file and dozens of live sites.

The domain mabanque.bnpparibas, used for its French retail banking services, was for some time a top 10 most-visited new gTLD domain names, per Alexa rankings, but that has slipped as new gTLDs’ popularity have increased overall.

.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.

“Just give up!” ICANN tells its most stubborn new gTLD applicant

Kevin Murphy, April 8, 2019, Domain Policy

ICANN has urged the company that wants to run .internet as new gTLD to just give up and go away.

The India-based company, Nameshop, actually applied for .idn — to stand for “internationalized domain name” — back in the 2012 application round.

It failed the Geographic Names Review portion of the application process because IDN is the International Standards Organization’s 3166-1 three-letter code for Indonesia, and those were all banned.

While one might question the logic of applying for a Latin-script string to represent IDNs, overlooking the ISO banned list was not an incredibly stupid move.

Even a company with Google’s brainpower resources overlooked this paragraph of the Applicant Guidebook and applied for three 3166-1 restricted strings: .and, .are and .est.

But rather than withdraw its .idn bid, like Google did with its failed applications, Nameshop decided to ask ICANN to change its applied-for string to .internet.

There was a small amount of precedent for this. ICANN had permitted a few applicants to correct typos in their applied-for strings, enabling DotConnectAfrica for example to correct its nutty application for “.dotafrica” to its intended “.africa”.

But swapping out .idn for .internet was obviously not a simple correction but rather looked a complete upgrade of its addressable market. Nobody else had applied for .internet, and Nameshop was well aware of this, so Nameshop’s bid would have been a shoo-in.

To allow the change would have opened the floodgates for every applicant that found itself in a tricky contention set to completely change their desired strings to something cheaper or more achievable.

But Nameshop principal Sivasubramanian Muthusamy did not take no for an answer. He’s been nagging ICANN to change its mind ever since.

There’s a lengthy, rather slick timeline of his lobbying efforts published on the Nameshop web site.

He filed a Request for Reconsideration back in 2013, which was swiftly rejected by the ICANN board of directors.

In July 2017, he wrote to ICANN to complain that Nameshop’s string change request should be treated the same as any other:

It seems that if ICANN can allow string changes from a relatively undesirable name to a more desireable name based on misspelling, then ICANN should allow a change from a desireable name in three characters(IDN) to longer name in eight characters (Internet) based on confusion with geographical names

Meetings with ICANN staff, the Ombudsman, the Governmental Advisory Committee and others to discuss his predicament several times over the last several years have proved fruitless.

Finally, today ICANN has published a letter (pdf) it sent to Muthusamy on Friday, urging him to ditch his Quixotic quest and get his money back. Christine Willett, VP of gTLD operations, wrote:

Given we are unable to take further action on Nameshop’s application, we encourage you to withdraw the application for a full refund of Nameshop’s application fee.

I doubt this is the first time ICANN has urged Nameshop to take its money and run, but it seems ICANN is now finally sick of talking about the issue.

Willett added that ICANN staff and directors “politely decline” his request for further in-person meetings to discuss the application, and encouraged him to apply for his desired string in the next application round, whenever that may be.

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.