.radio set for November launch, weird tiered pricing

The European Broadcasting Union plans to operate the forthcoming .radio gTLD in such a way as to discourage domain investors.
It yesterday set out its launch timetable, registration restrictions, and expects registrars to charge companies between €200 and €250 per domain per year ($213 to $266).
Interestingly, it’s also proposing to charge different, lower prices for individuals, though that pricing tier has not been disclosed.
I’m not sure I can think of another company that wants to charge different prices depending on the class of registrant and it seems like would be tough to enforce.
If I’m the domain manager at a radio company, can’t I just register the domain in my own name, rather than my employer’s, in order to secure the lower price?
Other registries, notably .sucks, have come under fire in the past for charging trademark owners higher fees. Isn’t basing pricing tiers on the legal status of the registrant pretty much the same thing?
That perception could be reinforced by the angle the EBU is taking in its marketing.
“We are proposing that the radio community may like to consider securing the integrity of their web presence by requesting appropriate .radio domains for defensive reasons initially,” .radio TLD Manager Alain Artero said in a blog post.
“The TLD will be focused on content and matters specific to radio and we want to prevent speculators and cybersquatting in this TLD,” he added.
The EBU is not planning to take the TLD to general availability until November, which is a long launch runway by any measure.
Before then, for two months starting May 3, there’ll be a qualified launch program in which radio stations (as opposed to “internet” radio stations) will be able to claim priority registration for their brand.
Sunrise will begin in August.
The EBU secured rights to .radio as a “Community” gTLD, meaning it has to enforce registration restrictions, after a 2014 Community Priority Evaluation ruling allowed it to win its contention set without an auction.
The eligibility criteria are somewhat broad, including: “Radio broadcasting stations. Unions of Broadcasters. Internet radios. Radio Amateurs. Radio professionals (journalists, radio hosts, DJs…) [and] Radio-related companies selling radio goods and services”.

DCA files for ANOTHER .africa injunction

DotConnectAfrica is continuing its legal attempt to prevent the .africa gTLD from being delegated to a competitor supported by African governments.
The recalcitrant applicant has filed for another temporary restraining order and preliminary injunction that would prevent ICANN handing .africa to the successful applicant, ZA Central Registry, according to ZACR.
DCA’s last application for an injunction was refused by a California judge in December, but last week it renewed its efforts to stymie the long-delayed geo.
ZACR said on its web site yesterday:

On January 4, 2017, DCA filed an ex parte (emergency) temporary restraining order (“TRO”) asking the Court to prevent ICANN from delegating .Africa to ZACR. The Court denied DCA’s ex parte request for a TRO on the grounds that there was no exigency that required an immediate ruling. The Court further clarified that the prior order denying DCA’s preliminary injunction motion was based upon all arguments submitted by ICANN and DCA (thereby rejecting DCA’s contention in its ex parte papers that the ruling did not include ZACR’s arguments). However, the Court agreed to consider DCA’s new arguments as grounds for a new motion for a preliminary injunction. DCA was given until January 6, 2017 to file its motion. ICANN and ZACR shall file opposition papers by January 18, 2017. DCA will then be given an opportunity to file a reply.

The court is scheduled to hear arguments for and against the injunction January 31, ZACR said.
In the meantime, .africa remains in limbo.

RightSide cuts super-premium fees in half, drops premium renewals

New gTLD registry RightSide has slashed the minimum price of its so-called “Platinum” tier premium domains and dropped renewal fees for these domains down to an affordable level.
The price changes come as part of two new marketing initiatives designed to start shifting more of its 14,000-strong portfolio of super-premiums through brokers and registrar partners.
The minimum first-year price of a Platinum-tier name has been reduced immediately from $50,000 to $25,000.
In addition, these domains will no longer renew every year at the same price. Instead, RightSide has reduced renewals to a more affordable $30.
“We weren’t selling them,” RightSide senior VP of sales and premiums Matt Overman told DI. “There is not a market for $50,000-a-year domain purchases.”
Now, “we feel comfortable enough with amount money we’re going to make up-front”, Overman said.
However, premium renewals are not being abandoned entirely; non-Platinum premium names will still have their original higher annual renewal fees, he said.
RightSide has sold some Platinum names in the five and six-figure range, but the number is quite small compared to overall size of the portfolio.
But Overman said that “none of them sold with a $50,000 renewal”. The highest renewal fee negotiated to date was $5,000, he said.
Before yesterday’s announcements, RightSide’s Platinum names were available on third-party registrars with buy-it-now fees that automatically applied the premium renewal fees.
However, it seems that the vast majority if not all of these sales came via the company’s in-house registrars such as Name.com and eNom, where there was a more flexible “make an offer” button.
Under a new Platinum Edge product, RightSide hopes to bring this functionality to its registrar partners.
It has made all 14,000 affected names registry-reserved as a result, Overman said. They were previously available in the general pool of unclaimed names and available to registrars via EPP.
Each affected name now has a minimum “access fee” of $25,000 (going up to $200,000 depending on name) that registrars must pay to release it.
They’re able to either negotiate a sale with a markup they can keep, or sell at “cost” (that is, the access fee) and claim a 10% commission, Overman said.
A separate Platinum Brokerage service has also been introduced, aimed at getting more professional domain brokers involved in the sales channel.
Brokers will be able to “reserve” up to five RightSide Platinum names for a broker-exclusivity period of 60 days, during which they’re expected to try to negotiate deals with potential buyers.
While no other brokers will be able to sell those names during those 60 days, registrars will still be able to sell those reserved names.
Overman said that if a registrar sells a name during the period it is under exclusivity with a participating broker, that broker will still get a commission from RightSide regardless of whether they were involved in the sale.
“We won’t give that name to any other broker, but if it sells through a registrar they still get their 10%,” he said. The registrar also gets its 10%.
This of course is open to gaming — brokers could reserve names and just twiddle their thumbs for 60 days, hoping to get a commission for no work — but the broker program is expected to be fairly tightly managed and those exploiting the system could be kicked out.
RightSide will be making the case for the two Platinum-branded offerings at the upcoming NamesCon conference in Las Vegas, where it also expects to name its first brokerage partners.

Termination on the .orientexpress

The dot-brand .orientexpress has derailed. That’s a train pun, expect more.
The gTLD operator has become the latest to signal (like a railway signal) to ICANN that it no longer wishes to run its dot-brand, this week asking for a contract cancellation (like a train cancellation).
Despite having left the station (like a train station) in February 2015, it only ever registered its mandatory nic.orientexpress domain, and that doesn’t even resolve any more, according to DI PRO tracking (like a train track).
While the Orient Express brand is familiar to many due to the famous Agatha Christie murder mystery novel, it’s been applied to multiple train companies and journeys over the years.
The gTLD was originally applied for, unopposed, in 2012 by Orient-Express Hotels. However, that company renamed itself to Belmond in 2014.
Belmond still runs a luxury train route bearing the Orient Express name, but apparently its devotion to the brand has run out of steam (like a steam train) and its gTLD was no longer just the ticket (like a train ticket).
It’s the 20th dot-brand to change its mind about owning a gTLD after its ICANN Registry Agreement was already signed.
According to DI PRO stats, almost 100 dot-brands are actively using their domains currently, so it’s not as if the concept has been a complete train wreck (like a train train wreck).

NCC sells Open Registry at huge discount

NCC Group has followed through on its promise to divest parts of its domain business, selling the Open Registry collection of companies at a huge discount to the original purchase price.
KeyDrive and a mysterious entity called Terrain.com SA have together acquired the companies for €3.75 million ($3.97 million).
That’s compared to the minimum of £7.9 million ($12 million) NCC originally paid just two years ago.
NCC said in a statement that the sold companies are:

• Open Registry SA, a registry back-end provider with a handful of new gTLD clients.
• ClearingHouse for Intellectual Property SA, aka CHIP, which provides software and billing support for the Trademark Clearinghouse.
• Nexperteam CVBA, a tiny registrar.
• Sensirius CVBA, the original Open Registry company, a new gTLD consultancy.

Missing from that list is Artemis, the new gTLD registry for .trust, which NCC separately acquired from Deutsche Post for an undisclosed sum in February 2014.
NCC is also keeping hold of its data escrow business, which is widely used by gTLD registries to comply with ICANN rules.
It’s not clear how the sold companies are being divided up between the two buyers.
KeyDrive is the Luxembourg-based holding company for the registrars Key-Systems and Moniker and other domain firms.
Terrain.com appears to belong to EuroDNS chair Xavier Buck, who was chair of Open Registry until NCC bought it, but the domain itself doesn’t seem to resolve right now.
NCC said that €2 million will be paid up front and €1.75 million will be deferred for 18 months.

ICA worried ICANN will force URS on .net

The Internet Commerce Association has called for a “moratorium” on the Uniform Rapid Suspension policy being added to legacy gTLD contracts, months before Verisign’s .net contract is up for renewal.
In a blog post, ICA counsel Phil Corwin accused ICANN staff of making policy by the back door by compelling pre-2012 registries to adopt URS, despite a lack of ICANN community consensus policy.
In the last few years the registries for .jobs, .travel, .cat, .pro, .xxx and most recently .mobi have agreed to adopt many aspects of the 2012 Registry Agreement, which includes the URS, often in exchange for lower ICANN fees.
Corwin wrote:

the real test of [ICANN’s Global Domains Division’s] illicit strategy of incremental de facto policymaking will come later this year, when the .Net RA comes up for renewal. We have no idea whether Verisign will be seeking any substantial revisions to that RA that would provide GDD staff with substantial leverage to impose URS, nor do we know whether Verisign would be amenable to that tradeoff.

The .net RA is due to expire July 1 this year.
Verisign pays ICANN $0.75 for each .net domain registration, renewal and transfer. If that were to be reduced to the 2012 standard of $0.25, it would save Verisign at least $7.5 million a year.
The URS provides brand owners with a way to suspend trademark-infringing domains in clear-cut cases. It’s based on UDRP but is faster and cheaper and does not allow the brand owner to seize ownership of the domains.
ICA represents large domain speculators, most of which have their investments tied up in .com and .net domains. It’s complained about the addition of URS to other gTLDs but the complaints have largely fallen on deaf ears.
ICANN has said that it does not force URS on anyone, but that it takes the base new gTLD program RA as its starting point for bilateral negotiations with registries whose contracts are up for renewal.

GMO and Radix secure Chinese gTLD approval

GMO Registry and Radix have won Chinese government approval for their respective new gTLDs .shop and .site.
It’s the second batch of foreign new gTLDs to get the nod from China’s Ministry of Industry and Information Technology, following .vip, .club and .xyz in early December.
They’re also the first two Asian registries from outside China to get the right to flog their domains in China — GMO is Japanese and Radix is UAE-based with Indian roots.
Their new Chinese government licenses mean Chinese registrars will now be able to allow their customers to actually use .shop and .site domains to host web sites.
The registries in turn have had to agree to enforce China’s rather arbitrary and Draconian censorship policies on their Chinese customers.
The approvals were announced by MIIT December 29.
.site currently has about 570,000 domains in its zone file, making it a top-10 new gTLD by volume, while .shop, which launched much more recently, has over 100,000.
The ability for Chinese customers to develop their domains is no doubt good for the long-term health of TLDs, but it’s not necessarily a harbinger of shorter-term growth in a market where domains are often treated little more than meaningless baseball cards to be traded rather than commodities with intrinsic value.

Donuts extends DPML Plus and delays price hike

Donuts has delayed the price increases coming to its trademark-blocking service and extended availability of the “plus” version for three more months.
Domain Protected Marks List Plus, which lets companies block brands and variations such as typos and brand+keywords across Donuts stable of 200ish TLDs, will now be available until March 31.
The price hike for vanilla DPML, which does not include the variant-blocking, has also been delayed until the end of January, the registry said.
Both deadlines were previously December 31.
DPML Plus, which grants 10-year blocks on one trademark and three variants in every Donuts TLD, has a recommended retail price of $9,999.
Fully exploited, that amounted at the September launch to $1.26 per blocked domain per year, but Donuts’ portfolio has grown since then.
Retail prices for the plain DPML are reportedly going up from $2,500 per string to $4,400 for a five-year block at one registrar when the price rise kicks in. That’s a 76% increase.

URS comes to .mobi as ICANN offers Afilias lower fees

Afilias’ .mobi is to become the latest of the pre-2012 gTLDs to agree to adopt the Uniform Rapid Suspension policy in exchange for lower ICANN fees.
Its Registry Agreement is up for renewal, and Afilias and ICANN have come to similar terms to .jobs, .travel, .cat, .pro and .xxx.
Afilias has agreed to take on many of the provisions of the standard new gTLD RA that originally did not apply to gTLDs approved in the 2000 and 2003 rounds, including the URS.
In exchange, its fixed registry fees will go down from $50,000 a year to $25,000 a year and the original price-linked variable fee of $0.15 to $0.75 per transaction will be replaced with the industry standard $0.25.
It’s peanuts really, given that .mobi still has about 690,000 domains, but Afilias is getting other concessions too.
Notably, the ludicrous mirage that .mobi was a “Sponsored” gTLD serving a specific restricted community (users of mobile telephones, really) rather than an obvious gaming of the 2003-round application rules, looks like it’s set to evaporate.
Appendix S to the current RA is not being carried over, ICANN said, so .mobi will not become a “Community” gTLD, with all the attendant restrictions that would have entailed.
Instead, Afilias has simply agreed to the absolute basic set of Public Interest Commitments that apply to all 2012 new gTLDs. Text that would have committed the registry to abide by the promises made in its gTLD application have been removed.
But the change likely to get the most hackles up is the inclusion of URS in the proposed new contract.
URS is an anti-cybserquatting measure that enables trademark owners to shut down infringing domains, without taking ownership, more quickly and cheaply than the UDRP.
It’s obligatory for all 2012-round gTLDs, and five of the pre-2012 registries have also agreed to adopt it during their contract renewal talks with ICANN.
Most recently, ICM Registry agreed to URS in exchange for much deeper cuts in its ICANN fees in .xxx.
In recent days, ICANN published its report into the public comments on the .xxx renewal, summarizing some predictably irate feedback.
Domainer group the Internet Commerce Association, which is concerned that URS will one day be forced upon .com and .net, had a .xxx comment that seems particularly pertinent to the .mobi news:

Given the history of flimsy and self-serving justifications by [Global Domains Division] staff and the ICANN Board for similar actions taken in 2015, we are under no illusion that this comment letter will likely be successful in effecting removal of the URS and other new gTLD RA provisions from the revised .XXX RA. Nonetheless, we strenuously object to this GDD action that intrudes upon and debases ICANN’s legitimate policymaking process, and urge the GDD and Board to reconsider their positions, and to ensure that GDD staff ceases and desists from taking similar action in the context of future RA renewals and revisions until the RPM Review WG renders the community’s judgment as to whether the URS and other new gTLD RPMs should become Consensus Policy and such recommendation is reviewed by GNSO Council and the ICANN Board.

The Intellectual Property Constituency of the GNSO, conversely, broadly welcomed the addition of more rights protection mechanisms to .xxx.
The Non-Commercial Stakeholder Group, meanwhile, expressed concern that whenever ICANN negotiates a non-consensus policy into a contract it negates and discourages all the work done by the volunteer community.
You can read the summary of the .xxx comments, along with ICANN staff’s reasons for ignoring them, here (pdf).
The .mobi proposed amendments are also now open for public comment.
Any lawyers wishing to rack up a few billable hours railing against a fait accompli can do so here.

Mitsubishi pulls plug on dot-brand gTLD

Japanese conglomerate Mitsubishi has told ICANN it no longer wishes to operate one of its dot-brand gTLDs.
The company has filed a termination notice covering its .mtpc domain, which stands for Mitsubishi Tanabe Pharma Corporation.
The gTLD was delegated in February 2015, but Mitsubishi has never put it to use.
Registry reports show only two names ever appeared in the .mtpc space.
It’s the 19th gTLD from the 2012 round to voluntarily self-terminate — or to allow ICANN to terminate it — after signing a Registry Agreement.
All terminated gTLDs so far have been dot-brands.
Mitsubishi also owns .mitsubishi. That dot-brand appeared earlier this year but also has not yet been put to use.