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Verisign increases focus on .com after flogging public DNS to Neustar

Kevin Murphy, November 3, 2020, Domain Registries

Neustar has taken another nibble at former archrival Verisign, buying the company’s public DNS resolution service.

The companies announced yesterday that Neustar has acquired Verisign Public DNS, and will incorporate it into its existing UltraDNS Public service.

The deal means that several IP addresses used to provide the services will transition to Neustar, so end users don’t need to make any changes.

Recursive DNS services are often used by people or organizations that, for whatever reason, don’t trust their ISP to treat their browsing records confidentially.

Big players in the market include Google, Cloudflare, and Cisco’s OpenDNS.

Signing up for such services is usually free — users simply reconfigure their devices to point their DNS resolution to a provider’s IPs.

Providers get greater insight into network activity that they can use to boost their paid-for enterprise security services, and they sometimes monetize NXDOMAIN (non-existing domain) landing pages.

No monetary value was put on the deal.

“Verisign is committed to focusing on its core mission of providing critical internet infrastructure, including Root Zone management, operation of 2 of the 13 global internet root servers, operation of .gov and .edu, and authoritative resolution for the .com and .net top-level domains, which support the majority of global e-commerce,” Verisign senior VP Eb Keshavarz, said in a press release.

That quote buries the lede, of course — operating .com and .net is the only activity listed that makes Verisign any money, and now it’s pretty much the only thing Verisign does.

Neustar acquired Verisign’s security services business, including its fee-paying recursive DNS customers, two years ago.

Neustar is of course no longer competing with Verisign in the registry services market, having sold that business to GoDaddy earlier this year. It’s now GoDaddy Registry.

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Blood on the boardroom floor after MMX admits revenue screwup

Kevin Murphy, October 30, 2020, Domain Registries

MMX’s top two execs are out, after the new gTLD registry admitted that the company misstated its revenue in 2019 and the first half of 2020.

CEO Toby Hall and CFO Michael Salazar both quit from the board and their executive roles with immediate effect, after a board probe concluded that its 2019 revenue was overstated to the tune of $1.7 million. Its 2019 net income was also overstated by $1.9 million.

In the first half of 2020, it understated revenue by about $80,000 and net income by about $200,000.

The screwups relate to not only the mystery $1.1 million contract MMX warned about earlier this month, but also two more contracts last year worth a total of $790,000.

The company received the cash from these unnamed partners and reported it as revenue immediately, when it should have recognized it only when the partners made sales to end users, MMX said.

Its revenue for 2019 should have been correctly reported as $17.2 million, and its net income should have been $2.8 million.

For the first half of 2020, revenue should have been $8.4 million and net income should have been $1.4 million.

The company said that Tony Farrow, an ICM Registry import who until recently worked as MMX’s COO, will return to the company as interim CEO.

Bryan Disher, an independent MMX director, will be interim CFO. Guy Elliott, currently non-executive chair, will become executive chair.

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Angry investor sues for 30% of new .spa gTLD

Kevin Murphy, October 28, 2020, Domain Registries

Barely had the new gTLD .spa made it into the DNS root than it got sued by a company that claims it was stiffed out of a 30% stake in the domain.

Malaysia-based Asia Spa and Wellness Promotion Council, the newly minted registry, is being sued in Hong Kong by DotPH, the company that runs the Philippines ccTLD, .ph, over an eight-year-old investment deal DotPH says is being ignored.

It’s also named as defendants .asia registry DotAsia, DotAsia subsidiary Namesphere, and several DotAsia directors.

DotPH claims in its lawsuit that its CEO, Joel Disini, got together with DotAsia CEO Edmon Chung in early 2012 to come up with a deal whereby ownership of .spa, should its application be successful, would be split three ways.

ASWPC would hold half the shares, Namesphere 20%, and DotPH the remaining 30%, according to the complaint. DotPH claims it paid $60,000 for its stake in April 2012.

Now it claims that these shares were never formally issued, and it wants the Hong Kong court to force Namesphere to hand them over and force the original three-way ownership structure originally agreed.

But it turns out that DotAsia seems to have abandoned .spa anyway. Its board of directors a year ago voted to give ASWPC “sole rights” to the gTLD, enabling it to concentrate on .asia.

Disini, who was a member of the board at the time, claims he was only emailed about the vote a day before the meeting and did not see the email until it was too late.

He told DI: “the board of dotAsia moved to give away DotPH’s 30% equity in SPA”. He’s not happy about it. He reckons .spa could easily be a $2 million-a-year business.

The suit was filed October 19. You can read it here (pdf).

I’ve yet to receive a response to my request for comment from Chung, and will of course provide an update should he get back to me.

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Amazon sold rights to .box gTLD for $3 million

Kevin Murphy, October 27, 2020, Domain Registries

Amazon relinquished its rights to the .box gTLD five years ago for $3 million, according to court documents seen by DI.

Amazon was one of two applicants for .box, the other being a company called NS1 (that’s the numeral 1; this has nothing to do with Network Solutions).

According to a complaint filed a couple of years ago that I came across today, Amazon agreed to withdraw its application, giving its rival an unobstructed shot at the gTLD, for $3 million.

It was a private settlement of the contention set and the payout was not publicly revealed at the time.

A $3 million deal puts .box in the same ballpark as public auctions such as MMX’s .vip and Johnson & Johnson’s (now XYZ.com’s) .baby.

While the deal is years old, I thought the data point was worth publishing.

NS1’s application suggests that its business plan was to offer registrants cloud storage services, along the lines of DropBox.

But the ICANN contract was sold to Intercap, which also runs .inc and .dealer, earlier this year. The plan now appears to be to operate it as an open niche gTLD, but no launch dates have been announced.

It’s not known how much the gTLD sold for second time around.

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Big pharma firm dumps its gTLD

Kevin Murphy, October 26, 2020, Domain Registries

Indian pharmaceuticals company Lupin has become the latest new gTLD registry to drop its dot-brand.

The firm told ICANN recently that it no longer wishes to continue running .lupin, which it has never actually used.

It’s the 82nd dot-brand to self-terminate, the 13th this year.

Lupin is one of the world’s largest manufacturer of generic medicines, with revenue in excess of $2 billion per year.

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Facebook to enter the retail registrar business?

Kevin Murphy, October 26, 2020, Domain Registrars

Worryingly perhaps for the retail registrar market, Facebook has revealed it’s due to launch a set of business web-hosting services.

The company said in a blog post last week that it plans to reveal Facebook Hosting Services “over the coming months”.

While very little is known about these services, Facebook appears to be interested in leveraging its popular WhatsApp messaging platform. The company blogged:

Facebook Hosting Services – Businesses have varying technology needs and want choice in the companies they work with to host and manage customer communications, particularly with remote work increasing. Which is why over the coming months, we plan to expand our partnerships with business solution providers we’ve worked with over the last two years. We will also provide a new option for businesses to manage their WhatsApp messages via hosting services that Facebook plans to offer. Providing this option will make it easier for small and medium size businesses to get started, sell products, keep their inventory up to date, and quickly respond to messages they receive – wherever their employees are.

There’s no mention of domains there, but domains almost always go hand in hand with hosting.

The fact that a company with Facebook’s reach is venturing into hosting will surely worry registrars that already make a huge chunk of their revenue from such services.

Facebook URLs are already considered a valid alternative to domain names for many small and micro-businesses, so there’s a question mark next to Facebook’s intention with regards domains.

Facebook already owns at least two ICANN-accredited registrars, RegistrarSEC and RegistrarSafe, but they do not sell domains to third parties.

The two registrars are currently basically an insurance policy against Facebook’s hugely valuable domains being suspended or transferred by third-party registrars in response to court orders.

RegistrarSEC appears to be the preferred registrar for Facebook’s defensive domains. Its domains under management number has been growing by hundreds per month for the last few years. It has over 8,500 names currently.

RegistrarSafe is the sponsoring registrar for about 175 of Facebook’s key domains, such as facebook.com and instagram.com.

Facebook’s UDRP wins seem to usually wind up at law firm Hogan Lovells’ registrar.

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.web ruling might not come this year

Kevin Murphy, October 26, 2020, Domain Registries

A decision about who gets to run the .web gTLD may not arrive until early next year, according to Verisign CEO Jim Bidzos.

“A final decision from the [Independent Review Process[ panel may be issued later this year or early next year,” he told analysts late last week.

.web sold at auction for $135 million four years ago to a company being secretly bankrolled by Verisign, but the outcome is being challenged in the IRP by runner-up bidder Afilias.

Afilias argues that the auction should be voided because ICANN failed to sufficiently investigate links between Verisign and the winning bidder. ICANN denies any wrongdoing.

It’s widely believed that .web is the strongest potential competitor to Verisign’s .com, and its attempt to secure the string is largely defensive.

The IRP case heard several days of testimony in August and the panel retired to consider its decision.

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Verisign sells a million more domains than it did last year

Kevin Murphy, October 26, 2020, Domain Registries

Verisign has posted third-quarter financial results that were strong in spite of, or possibly due to, the economic impact of the coronovirus pandemic.

The company sold 10.9 million new .com and .net domains in the quarter to September 30, a million more than the same period last year.

This led to a net sequential increase in total .com/.net registrations of 1.65 million. It ended the quarter with 163.7 million names under management.

This strong performance led Verisign to increase its guidance for the full year. It now says domain growth will be between 3.5% and 4% compared to 2019.

That represents an increase from 2.75% at the low end of the range the company predicted three months ago and a lowered expectation of 2% in April.

CEO Jim Bidzos told analysts that there’s still some coronavirus-related uncertainty, along with the usual Q4 seasonable weakness, baked into the guidance, despite two consecutive quarters of decent growth.

Renewal rates, which were their lowest for years in Q2, recovered slightly, up from 72.8% to 73.5%.

For Q3, Verisign reported net income of $171 million, compared to $154 million a year ago, on revenue that was up 3.1% at $318 million. The bottom line was aided by $24 million in tax benefits.

Bidzos repeated the company’s commitment to not raise .com prices until March, while confirmed that its fee will definitely go up at some point over the next 12 months.

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Free speech, or bad faith? UDRP panels split on Everything.sucks domains

Kevin Murphy, October 22, 2020, Domain Policy

The first wave of UDPR cases targeting domains used by Everything.suck have seen split decisions by the panels.

At least four .sucks domains, all owned by the same Turks and Caicos company, have been hit by UDRP complaints recently, and two have already been decided.

One case, over the domain miraplex.sucks, resulted in victory for the registrant while the other, over bioderma.sucks, led to defeat and a transfer.

Both domains are owned by Honey Salt Ltd, and both redirect to a page on Everything.sucks, a Wikipedia-style site that uses content scraped from third-party sites and social media to present a scrappy form of gripe microsite.

In both UDRP cases, Honey Salt chose to mount a “free speech” defense, claiming that it had rights to the names because they were being used to publish criticism of the brands in question.

As I noted last week, UDRP panels have historically been divided on when this defense should be successful. WIPO guidance suggests that gripe sites should be permitted as long as the criticism is genuine and non-commercial.

But Everything.sucks was decidedly commercial at the time these two complaints were filed. Each site featured a banner leading to a page on Sedo or Uniregistry where the domain could be purchased (usually at registry wholesale prices).

Miraplex is a brand of Parkinson’s disease medicine. In this case, the panel decided that the complainant, a pharmaceuticals company, failed to make the case that Honey Salt had no legitimate interests in the domain, writing:

the Complainant argues that the website linked to the disputed domain name displays information about the Complainant and its MIRAPEX medicines, but failed to explain (let alone substantiate) why this should be regarded as a lack of rights or legitimate interests in the disputed domain name (which seems to have a criticism purpose). Also, the Panel finds that the offering for sale of a domain name is not by itself a proof of lack of rights or legitimate interests.

The panel seems to have given special consideration to the fact that it’s a .sucks domain, where one might expect to see criticism.

Given the nature of the “.sucks” domain name gTLD, and given the evidence (or lack of evidence) submitted by the parties, the Panel finds that the Complainant did not prove that the Respondent lacks rights or legitimate interests in the disputed domain name. In particular, the Panel would have expected the Complainant to target its arguments and evidence to the specific criticism-nature of “.sucks” domain names (which the Complainant failed to do).

The decision is written in such a way as to suggest that it is the complainant’s lack of substantiating evidence, rather than the panel’s gullibility, that is to blame for the complaint failing.

The Panel finds that the Respondent’s claim that the website available through the disputed domain name has a criticism purpose is not devoid of credibility. The Panel would have expected the Complainant to argue (and corroborate) why it considers this “.sucks” domain name and its purported free expression character as a “smoke screen” and why it is of the opinion that the predominant purpose of the Respondent is to sell this domain name rather than to provide a forum for discussion and criticism. The Complainant did not explain nor substantiate why it considers the criticism character of this website as a pretext. The Panel also finds that the offering of a domain name for sale is not by itself evidence of bad faith.

The bioderma.sucks case is an entirely different story, with the panel writing that Honey Salt’s “entire endeavour seems to the Panel to be a pretext for commercial activity”.

Honey Salt’s “pretext” is that it registers domain names on behalf of a non-profit entity called Everything Sucks Inc, which appears to have been formed in Delaware this April. It told the Miraplex panel that whenever a wiki page is created at Everything.sucks, it registers the corresponding domain name.

Given that over two thousand .sucks domains were registered in June in the space of a couple days, that seems unlikely to me.

The Bioderma panel wasn’t buying it either.

The process by which the disputed domain name was registered seems to be automatic and, importantly, took place before any criticism whatsoever was even present on the website (as may be inferred from the Parties’ evidence, namely the Complainant’s screenshot of June 24, 2020). The alleged criticism seems to have been added as an afterthought between that date and the date when the Response was filed, further calling its genuineness into question.

It also noted that the content of the site comes from third parties, rather than the registrant, again calling its genuineness into question. The panel added:

Even assuming a third party generated the page on the Respondent’s website in order to engage in non-commercial criticism, rather than the Respondent itself, the Respondent immediately proceeds to exploit the position commercially by registering and offering the disputed domain name for sale.

This blatant commercial use was important to the panel in establishing a lack of legitimate interests and also bad faith.

Respondent’s approach was to take unfair commercial advantage of the Complainant’s name and trademark while having no actual criticism or free speech of its own in which to engage. It looked to sell the disputed domain name on the open market before any criticism had even been published. The fact that the disputed domain name is used for a web page not containing genuine criticism content but only automatically generated links loosely related to the Complainant’s product (as demonstrated by the Complainant’s screenshot dating from before the filing of the present Complaint) constitutes further evidence of bad faith. The fact that the disputed domain name is used in a page containing links to other companies and where the relevant domain names (to which the links point) are systematically put on sale by the Respondent is additional evidence of cybersquatting.

The panel ordered bioderma.sucks transferred.

Two cases, two very different outcomes.

Both complaints were filed at the Czech Arbitration Court by the same lawyer within a few days of each other, and were decided within a week of each other, but by different three-person panels.

With this in mind, it seems likely that both panels were presented with a very similar set of facts and evidence, and that the make-up of the panel was important to which party emerged victorious.

Two additional cases, bfgoodrich.sucks and mandmdirect.sucks, both Honey Salt domains, are currently active at WIPO. It’s unclear whether they were filed before or after Everything.sucks removed its banner ads, which happened about a week ago.

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The internet just got its first proper new gTLD of the year, and the timing couldn’t be worse

Kevin Murphy, October 21, 2020, Domain Registries

The DNS root zone has just had its first non-branded TLD delegation of the year, and the midst of a highly virulent pandemic is probably the worst possible time for its niche.

It’s .spa, newly assigned to a Malaysian company called Asia Spa and Wellness Promotion Council.

Spas, of course, are at the top of every government’s list when it comes to sectors that get shut down at the first whiff of virus.

Unlike restaurants and bars, which drove registrations of gTLDs such as .bar in the locked-down second quarter, spa services are not something that can easily be adapted to take-out or home delivery.

.spa has taken this long to reach the root largely due to to a fight with rival applicant Donuts.

ASWPC, backed by spas worldwide and the Belgian government (which claimed geographical protection because spas are named after the town of Spa) applied as a Community Priority Evaluation applicant, and won its CPE.

The company has said it will donate 25% of its profits to the town of Spa.

Donuts fought the CPE decision, preventing ASWPC from proceeding for three years, before backing off without explanation two years ago.

Hopefully, by the time .spa is properly ready to launch, its niche will be approaching some kind of normality.

It’s the fourth root delegation this year, after Amazon’s three dot-brands.

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