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Dirty tricks claimed in .music fight

Kevin Murphy, April 22, 2015, 12:00:54 (UTC), 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.

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Comments (2)

  1. alex says:
    April 22, 2015 at 5:16 pm

    It just doesn’t matter who the applicant is. Any .music community application should fail in epic fashion. I’m just amazed that they believe they qualify in the first place.

    Reply
  2. Tom Arsenal says:
    April 23, 2015 at 1:45 am

    Pointless request. The .music LLC also filed a clarification document to ICANN and the EIU before their evaluation. Here it is http://www.icann.org/en/system/files/correspondence/frankenheimer-to-crocker-chehade-03jul14-en.pdf
    Pretty standard two-page PIC with a lot of annex stuff which again is standard in many legal cases.
    Anyone can send a clarification letter to ICANN on any topic. ICANN has to publicly post it on their correspondence page for the EIU and people etc to see. Even .music LLC did this. Public record is easy to do with ICANN.
    I cannot see the link between the PIC and .music LLC asking for a reevaluation of their CPE.

    Reply

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