Dirty tricks claimed in .music fight

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.

Google wins .map and .search

Google has secured two gTLDs representing two of its core services.
The company has won .search and .map, fighting off competition from Amazon, Donuts, Famous Four Media for .search and Rightside and Amazon for .map.
All the losing bidders have now withdrawn their applications.
Both strings were due to head to ICANN auction April 29, but appear to have been settled privately instead.
That means the winning bids will not be disclosed.
Google plans to operate .map as an open gTLD in which anyone can register.
It had originally planned to keep .search domains limited to itself, until ICANN’s Governmental Advisory Committee and others complained about so-called “closed generics”.
Its updated .search application talks about restricting .search to sites that offer search functionality that adheres to a certain technical standard.
Specifically, domains in .search will have to follow a certain URL format (example.search/?q=query, the format used by Google itself) for queries.
It’s going to be very interesting how Google goes about implementing the plans in its application. We could be looking at some innovative or possibly controversial services.

Warren Buffett party firm beats Google to .fun

An 80-year-old seller of party supplies, owned by Warren Buffett, has won the rights to the new gTLD .fun, after the other two applicants withdrew.
Oriental Trading Company plans to operate the gTLD as a “restricted” space where only the company and its partners can register, according to its application.
Quite why this isn’t on hold as a “closed generic”, I don’t know.
The application states .fun will be:

an authoritative Internet space for OTC, its affiliates and partners where OTC can develop an unlimited number of domain names dedicated and relevant to “fun” and to provide Internet users with content, services and products they need, while being assured of brand authenticity.

The other two applicants were Google and Dot Strategy. Both applications have now been withdrawn.
OTC sells balloons, party hats, banners and such. It was acquired by Buffett’s Berkshire Hathaway in 2012 after filing for bankruptcy protection.
In other withdrawal news, games maker Konami today became the latest company to dump its plans for a dot-brand, in this case .konami.

Rightside slashes new gTLD prices to $0.99

Rightside registrar eNom is to offer domains in several Rightside gTLDs for $0.99 over the coming days.
Today, .rocks domains can be obtained for the special price. They’re usually $12.99 a year.
The price does not apply to renewals. Customers have to use the promo code “pocketchange”.
Rightside stablemates .forsale, .reviews, .ninja and .social will get the $0.99 treatment for one day each over the coming week.
As we’ve learned over the last several months, super-cheap domains boost TLDs’ numbers as some of the internet’s less than ethical characters bulk-register thousands of throwaway domains at once.
So far, gTLDs such as .xyz, .country and .kim have been affected by these spikes, which I currently believe are related to typosquatting campaigns in legacy gTLDs.
I would not be at all surprised if Rightside becomes the latest registry to see its volume swell for similar reasons.

ICANN in “fact-finding” mode over potential .sucks breach

ICANN is playing its cards close to its chest when pressed on what it thinks Vox Populi may have done wrong with its .sucks launch pricing and policies.
The organization told DI in a statement that it is currently “fact-finding”, and will not speculate on what parts of the Registry Agreement may have been breached.
ICANN on Thursday reported Vox Pop to the US and Canadian trade regulators, asking them to judge whether the registry’s $2,000 sunrise fee broke any laws.
Its Intellectual Property Constituency reckons the launch, which also places thousands of trademarks on permanent, high-priced “Sunrise Premium” list amounts to nothing more than a “shakedown” of brand owners.
Vox Pop CEO John Berard told DI last week that the referral to the US Federal Trade Commission, despite that fact that the company and its owners are Canadian, amounted to “appeasement” of the IPC.
In response, ICANN told DI in a statement:

The registry is offering domain name registrations to registrants located in jurisdictions around the world. It¹s possible that a registry’s activities could violate the law in the registry’s own jurisdiction; it is also possible that a registry’s activities could violate the law in the jurisdiction of a registrar or registrant where the registry offers domain name registrations. In this case, the IPC letter was signed by an attorney based in New York City, and ICANN thought it appropriate to ask both U.S. and Canadian authorities to consider the IPC allegations.

ICANN seems to be saying on the one hand that registries are beholden to the laws of wherever their registrants are based and on the other hand that the jurisdiction of the IPC’s current president, Greg Shatan, somehow has a bearing on what laws gTLD registries are obliged to obey.
I await correction from more knowledgeable readers, but I don’t think either of those statements is accurate.
If the latter is true, then perhaps the IPC should in future elect its leaders from only the countries with the most trademark-friendly regimes.
In ICANN’s letters to the FTC and IPC, the organization said it was “evaluating other remedies”. From the context, it seems that ICANN is thinking it could initiate some kind of compliance action against .sucks regardless of the what governmental regulators say.
Asked to explain this, ICANN told DI:

We¹re currently doing some fact-finding and analysis to assess whether there has been any breach by the registry of its obligations, and, based on the results of that analysis, we will try to determine what remedies, if any, may be available. Obviously, it will depend on all the facts and circumstances. Beyond that, since we haven¹t finished that evaluation process it would be inappropriate to speculate about possible remedies.

That’s not saying much, but it leaves the door open for ICANN Compliance to do something even if the FTC and Office of Consumer Affairs deem that no laws have been broken.
One possible “breach” that has been floated relates to the differential pricing created by the Sunrise Premium list. However, my take on this is that, under the new gTLD contracts, it’s not massively different to other kinds of premium pricing program.
Differential pricing protections only apply to renewal fees. If the registrant is told at the point of sale that their renewal fees will be high, that enables registries to put different fees on different domains.
There have also been theories put forward about ICANN’s motivation for referring .sucks to regulators.
The idea that ICANN can defer to the FTC and others on legal matter is not entirely new. In cases where registries intend to merge, ICANN is allowed under its contracts to refer the deals to regulators before approving them.
But this is the first time ICANN has referred new gTLD pricing to competition authorities.
Is it a case of ICANN ass-covering?
ICANN is taking unique fees worth up to $1 million extra from Vox Populi and, as I wrote two weeks ago, the optics of this are bad for ICANN, which could look like it is profiteering from .sucks.
ICANN has explained that the extra fees related to entities that were owned by Vox Pop parent Momentous, the Canadian registrar that had many subsidiaries go out of business owing ICANN a tonne of cash.
By punting the IPC’s complaint to regulators, ICANN could deflect criticism that it is not doing enough to protect rights holders and registrants while avoiding having to make a tricky decision itself.
Regardless, the FTC referral and the fact that ICANN is charging Vox Pop special fees sends a strong message that ICANN does not trust the registry one bit.

ICANN reports .sucks to the FTC over “predatory” pricing

ICANN has referred .sucks registry Vox Populi to the US Federal Trade Commission over concerns from intellectual property owners that its pricing is “predatory”.
The organization has asked the FTC and the Canadian Office of Consumer Affairs to determine whether Vox Pop is breaking any laws.
It asks both agencies to “consider assessing and determining whether Vox Populi is violating any laws or regulations enforced by your respective offices”.
If it is determined that laws are being broken, ICANN said it would be able to “enforce remedies” in the .sucks registry agreement.
ICANN goes on to say that it is “evaluating other remedies” in the registry’s contract.
The shock news comes two weeks after the Intellectual Property Constituency of ICANN complained that Vox Pop’s $2,000 sunrise fee is just a “shakedown scheme”.
The IPC said March 27 it was:

formally asking ICANN to halt the rollout of the .SUCKS new gTLD operated by Vox Populi Registry Inc. (“Vox Populi”), so that the community can examine the validity of Vox Populi’s recently announced plans to: (1) to categorize TMCH-registered marks as “premium names,” (2) charge exorbitant sums to brand owners who seek to secure a registration in .SUCKS, and (3) conspire with an (alleged) third party to “subsidize” a complaint site should brand owners fail to cooperate in Vox Populi’s shakedown scheme.

The IPC is also pissed off that there’s a Sunrise Premium fee that applies to the most famous brands, regardless of when they register.
Vox Pop CEO John Berard told DI tonight that the company’s pricing and policies are “well within the rules”, meaning both ICANN’s rules and North American laws.
He asked why ICANN has referred the matter to the FTC, given that Vox Populi is a Canadian company.
He said that a senior ICANN executive had told him it was because many IPC members are US-based. He described this as “appeasement” of the IPC interests.
Greg Shatan, president of the IPC, whose letter sparked ICANN’s outreach to the FTC and OCA, said that the word “justice” is more appropriate than “appeasement”. He told DI tonight:

We’re looking forward to the FTC and OCA taking a look at Vox Populi’s behavior. And there’s lots to look at. The punitive TMCH Sunrise, where a “rights protection mechanism” intended to protect trademark owners has been turned into a scheme to extort $2,500 and up… The eternal Sunrise Premium of the far-from-spotless .SUCKS registry. The mysterious “everybody.sucks” — purportedly a third party, purportedly providing a “subsidy” to registrant — would anyone be surprised if that was a sham?

With reference to the FTC referral, Shatan also told DI tonight:

I don’t think ICANN wants to waste the FTC’s time. It’s far more rational to think that ICANN informed the FTC because Vox Populi’s activities are within the jurisdiction of the FTC. Mr. Berard’s remarks seem to indicate that he believes that Vox Populi operates beyond the reach of US laws.
With a tech contact in Bermuda and an admin contact in the Caymans, that may have been Vox Pop’s intention. Vox Pop may be operating outside US laws, but I doubt they are operating beyond their reach.

Vox Populi is incorporated in Canada, hence ICANN’s outreach to the Canadian regulator. According to its gTLD application, its only 15%+ owner is Momentous, another Canadian company.
But its IANA record lists an address in Bermuda for its technical contact and Uniregistry’s office in Grand Cayman as its administrative address.
There’s been rumors for months that Uniregistry or CEO Frank Schilling helped bankroll Vox Populi’s participation in the .sucks auction, which saw it splash out over $3 million.
ICANN is asking the US and Canadian agencies to respond to its letter with “urgency”, as .sucks is currently in sunrise and is due to go to general availability May 29.
Trademark owners and celebrities are already registering their names in the .sucks sunrise period.
ICANN confirmed in a separate letter today to IPC chair Greg Shatan that Vox Pop has paid ICANN a unique $100,000 start-up fee, and has promised to pay an extra $1 per transaction, due to now-defunct Momentous subsidiaries defaulting on “substantial payments”.
As DI reported last week, ICANN says that the fee is “not related to the nature” of .sucks, but it could give the appearance that ICANN is a beneficiary of the .sucks business model.
This article was published quite quickly after the news broke. It was updated several times on April 9, 2015. It was updated with background material. It was then updated with comments from Vox Pop. It was then updated with comments from the IPC. Later commenters had the benefit of reading earlier versions of this post before they submitted their comments.

Lady Gaga dumps .org for freebie new gTLD

With all the recent headlines about celebrities who feel compelled to protect their personal brands in .porn and .sucks, it’s worth noting that celebs also find new gTLDs useful.
Lady Gaga has re-domained her Born This Way Foundation non-profit, dumping a .org for a domain in the new gTLD .foundation.
The old bornthiswayfoundation.org, which still tops Google searches for the organization, now redirects to bornthisway.foundation.
The domain was registered April 1.
Donuts tell me the foundation is not paying for the domain, but declined to comment on whether the registration was as a result of some kind of registry marketing.
Born This Way Foundation was set up by pop singer Lady Gaga at the .org address in 2012.
I’d like to tell you what the foundation does, but unfortunately its web site contains nothing but impenetrable PR waffle.
Something to do with “supporting the wellness of young people and empowering them to create a kinder and braver world” and “shining a light on real people, quality research, and authentic partnerships”.
Nevertheless, it’s associated with Lady Gaga, who is just about as high-profile a celebrity as they get.
It’s a potential awareness-raiser for a gTLD with about 5,200 registered names.

Kevin Spacey among first .sucks buyers

Kevin Spacey, Google, Apple and Microsoft are among the first to buy .sucks domains in apparent attempts to protect their reputations.
Vox Populi Registry, which took .sucks to its sunrise period on Monday, has started publishing the names of sunrise registrants on its web site.
Names scrolling past on a ticker stream this morning include kevinspacey.sucks, gmail.sucks, siri.sucks and windowsphone.sucks.
Other brands to register so far include Instagram, WordPress, Bank of America, Wells Fargo and Wal-Mart.
The dominant registrars on the ticker are MarkMonitor, CSC and LexSynergy, which all specialize in brand protection.
It’s notable that some of the registered strings are secondary brands covering products and services, rather than merely the company’s name.
That could suggest that trademark owners are being somewhat aggressive in their defensive registrations in .sucks.
Actor Kevin Spacey, the only celebrity I spotted on the ticker, has a track record of protecting his personal brand online.
In 2002, he won a cybersquatting complaint over kevinspacey.com, which is now his official web site.
Spacey… well, let’s just say he has been the subject of many speculative media reports over the years. We have mutual acquaintances and from what I hear I can see why he wouldn’t want his brand in third-party hands.
UPDATE: Taylor Swift’s people, who made headelines a few weeks ago by buying taylorswift.porn, have also acquired taylorswift.sucks via MarkMonitor.

AIDS.sucks at $1.5 million and other .sucks premium weirdness

The new .sucks gTLD has some interesting pricing for its reserved premium names. Notably aids.sucks, which currently carries a $1.5 million first-year fee at one registrar.
As far as I can tell, 101domain is the only registrar that is currently publishing its prices for .sucks premium names.
I had a bit of a play around with its web site, to see if I could discover which strings the registry has flagged as premium and which appear to be blocked by the registry.
aids.sucks was the most expensive domain I found, by some margin, at $1.5 million.
The presumably puts it within the pocketbook of, say, a pharmaceuticals company, but probably not a support group.
101domain confirmed that the published price was not an error and is based on the registry’s pricing, but said it was considering lowering it.
That price, and all the other prices cited in this article, are retail prices that would include the registrar’s mark-up.
The next-highest price I could find was $450,000 for sex.sucks.
The string “sex” is usually highly priced on registries’ reserved lists. It’s a slightly different story for .sucks, however, because registry policy states that all pornography is banned. The registrant would have to find a different use.
porn.sucks does not appear to carry a premium fee.
I could not find any other physical diseases carrying premium fees, and it seems that cancer.sucks is not available to register.
However, anxiety.sucks is $4,500, depression.sucks is $12,000, and suicide.sucks is available for $16,500.
It’s worth noting at this point that .sucks is not alone in putting premium prices on domains such as these — suicide.club and aids.club both carry $5,500 fees, for example.
Sports domains baseball.sucks, football.sucks, soccer.sucks, basketball.sucks and hockey.sucks all carry $75,000 fees.
On the vices: poker.sucks is also $75,000, gambling.sucks is $42,000, beer.sucks is $27,000 and alcohol.sucks is $4,500. Other strings, such as casino.sucks, do not appear to be premiums.
This patchy premium coverage goes for entertainment too. While television.sucks ($88,500) and music.sucks ($15,000) are premiums, internet.sucks and radio.sucks are not.
In relationships, gay.sucks is listed at $27,000 (lesbian.sucks does not appear to be premium) and dating.sucks is $15,000.
I tried a few common racial slurs and found them to be unavailable. Vox Pop has a policy against cyber-bullying, which may account for that.
racism.sucks costs $52,500, however.
Religious terms blocked?
Some religious terms are considered premium, while others are not available to register.
.sucks is currently in its sunrise period, so unavailable names have presumably been blocked by the registry for some reason.
I found that christianity.sucks carries a premium price tag of $75,000, while church.sucks is $30,000 and christian.sucks is $34,500.
catholic.sucks is not available, nor are jesus.sucks, christ.sucks and moses.sucks.
But catholicism.sucks, protestant.sucks, methodist.sucks baptist.sucks, can be bought for the regular reg fee.
hindu.sucks, hinduism.sucks, buddhist.sucks and buddhism.sucks are all for sale at the usual price.
judaism.sucks and jews.sucks are available at the regular reg fee, but jew.sucks is not available.
islam.sucks, muslim.sucks and muslims.sucks are not currently available. Nor is muhammed.sucks. But mohammed.sucks and muhammad.sucks are available.
I wonder what we can fairly infer from these apparent discrepancies.
Registry defensives?
As you might expect, the name of the registry is reserved — that happens in pretty much ever gTLD.
It remains to be seen whether Vox Pop will eat its own dog food and allow third-party criticism on its site.
It turns out johnberard.sucks (Vox Populi CEO) is not available. Neither are the names of Rob Hall, CEO of Vox Pop parent Momentous, and Uniregistry CEO Frank Schilling, who is involved in the TLD is some currently undisclosed capacity.
rob.sucks, john.sucks and frank.sucks are all not available to register.
As controls, I checked out other common male first names and the full names of other major registry/registrar CEOs and found them all available.
It will be interesting to see if any of these names are ever developed into criticism web sites by their owners.

.guru renewals at 63%

Ten days into its series of renewal rate disclosures, Donuts has revealed that .guru’s rate currently stands at 63.4%.
In a blog post yesterday, COO Richard Tindal said that the registry’s overall renewal figure for the first 81,569 domains it sold was 68.4%.
The other two large TLDs in the batch — .photography and .clothing — came in at 75.7% and 74.0%, respectively.
.guru was the first new gTLD to launch in English that did not refer to a specific niche vertical. As such, it took the lion’s share of the early new gTLD speculation money.
We’re looking at a typical junk drop, in other words.
Over 10,000 names have been deleted from the .guru zone file since it peaked at over 80,000 names on February 28, as this DI PRO chart shows.

Tindal wrote that he expects the numbers to improve over time:

In March and April we expect the cumulative rate on all Donuts names to stabilize around 70%, and then trend upwards toward 80% as the average age of registrations increases and the proportion of names with website content continues to grow.