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First new gTLD deleted from the net

Kevin Murphy, February 25, 2016, Domain Registries

.doosan today became the first new gTLD to be removed from the domain name system.
It’s no longer showing up in the DNS root zone file, and IANA’s record lists it as “retired”.
.doosan was a dot-brand managed by Korean conglomerate Doosan Group. The company never did anything with it before deciding to kill the TLD off last September.
A month ago, ICANN used the pending deletion to test its Emergency Back-End Registry Operator safety net.
If memory serves, it’s the only gTLD to be ever be removed from the root zone, excluding test internationalized TLDs previously operated by ICANN.
ccTLDs are removed somewhat regularly, when international borders are redrawn.

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Krueger sues M+M over five million “missing” shares

Kevin Murphy, February 25, 2016, Domain Registries

Former Minds + Machines chair Fred Krueger has taken the company to court, claiming he’s owed shares worth over half a million dollars.
In a lawsuit filed in Los Angeles this week, Krueger says the shares were promised to him in 2007 but have subsequently gone “missing”.
The suit also names as defendants M+M chief financial officer Michael Salazar and Antony Van Couvering, who until last week was CEO.
Krueger himself was asked to leave the company by its board of directors in May last year.
He was one of the company’s founders in 2007. According to his lawsuit, he was promised 25 million shares, which were to be delivered to his Goldman Sachs account in a batch of 20 million and a batch of five million.
Krueger now claims that Goldman has no record of the five-million batch arriving and that M+M has failed to figure out whether the shares were ever even issued.
His complaint says he paid $400,000 for the shares. Judging by M+M’s current share price, they’re now worth around £437,500 ($609,000).
Krueger says that he didn’t notice the shares were missing until forensic accountants picked over his net worth as part of his 2013 divorce.
The suit alleges breach of contract, negligence, and other claims related to the shares. In total, he’s looking for at least $1.5 million in damages.
It also sheds a bit of light on Krueger’s actions immediately following his May 2015 dismissal from the company.
When he “resigned”, he issued a statement via the company that said among other things “my goal is to keep the vast majority of my shares”.
But within a couple of weeks he had started selling and in a matter of months he had disposed of all of his 104 million shares.
Now, according to his lawsuit, his May 2015 “Exit Agreement” with M+M’s board actively incentivized him to sell all of his shares. It says:

In May 2015, Plaintiff Krueger left Minds + Machines Board of Directors under an agreement Plaintiffs Krueger and Needly made with Minds + Machines Group that if Plaintiff Krueger would sell all of his shares in Minds + Machines Group, Minds + Machines Group would return to Needly all of the stock it was holding in Needly.

Needly is (or possibly was, judging by its web site) Krueger’s side project, a web site content management software company.
Krueger says M+M agreed to pay $800,000 and take 1% of Needly’s shares under a consulting agreement. Now, he says the company is refusing to return those shares, as agreed, until he admits that he’s already sold the five million “missing” M+M shares.
Here’s his complaint in PDF format.
It’s a strange old case, and no doubt a distraction for new CEO Toby Hall, who took over from Van Couvering last week with a pledge to boost sales by focusing more on the registrar channel.

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Cruz says Chehade is in China’s pocket

Kevin Murphy, February 24, 2016, Domain Policy

Terrifying US presidential candidate Ted Cruz has told outgoing ICANN CEO Fadi Chehade to recuse himself from crucial decisions, claiming Chehade is conflicted.
Republican Cruz yesterday said that Chehade can’t be trusted to make decisions related to the IANA transition because he’s already signed up to a Chinese internet governance committee.
Chehade said in December that he’s become co-chair of an advisory committee of the World Internet Conference.
Also known as the Wuzhen Summit, it’s a China-led talking shop that has been criticized for pushing China’s agenda of limiting free speech and promoting governmental control over the internet.
Cruz quizzed Chehade about his involvement in a letter earlier this month, basically fishing for evidence that Chehade was in some way conflicted.
In response (pdf), Chehade said he wasn’t being paid for the committee role, but that his travel expenses would probably be picked up.
Aha! Cruz seized on that admission, writing yesterday:

Travel compensation from the Chinese government can be a form of personal conflict of interest, which could impair Chehade’s ability to act impartially and in the best interest of the [US] government when performing under the [IANA] contract. As such, Chehade should recuse himself from all ICANN decisions that could impact the Chinese government, which include all negotiations and discussions pertaining to the Internet Assigned Numbers Authority (IANA) transition.

Chehade, who says he only joined the committee in order to promote the notion of multi-stakeholder internet governance, makes $900,000 a year at ICANN in salary and bonuses.
With pay so criminally low, it’s easy to see how he could be tempted to subvert his principles for any foreign government who offered him a free business-class flight and a few nights in a swanky Beijing hotel.
He has kids to feed and clothe, after all.
Cruz, on the other hand, has raised a mere $54 million in campaign contributions over the last five years, and not a single dollar of that will influence his political positions in any way whatsoever.

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Van Couvering ousted from M+M, replaced by PR guy with channel focus

Kevin Murphy, February 22, 2016, Domain Registries

Antony Van Couvering has been fired as CEO of Minds + Machines and replaced by someone who was until very recently the company’s agency PR guy.
Neither Van Couvering, the company, nor incoming CEO Toby Hall, have disclosed the reason for his ouster.
But I suspect the “differences and disagreements” that Van Couvering alluded to in his CircleID piece this morning may refer to M+M’s go-to-market strategy.
Hall told DI this morning that his focus as the company’s new leader is going to be on the registrar channel.
“It’s all about engaging with the outside world and recognizing we’re a business-to-business play,” Hall said. “It’s a fundamental shift in perspective.”
The strategy “has to be stacked in a way that makes our business partners make revenue”, he said.
“We’re not a consumer registrar,” he said.
M+M is a vertically integrated domain name company, acting as both registry and registrar.
Registrar sources tell us that Van Couvering wasn’t keen on working with third-party retailers, preferring to focus on its in-house registrar.
It seems that’s going to change under Hall.
M+M said in a press release (jarringly, emailed to reporters this morning as usual by Hall himself):

Mr Van Couvering was removed from office with immediate effect by means of a unanimous resolution of directors passed at a meeting of directors held on 19 February 2016.
The Group is currently making the transition from asset gatherer to monetisation of its leading portfolio of top-level domains; the Board believes a change of leadership will assist in this process.

Hall was appointed chief marketing officer last month.
Since the early 1990s, he’s been head of the London-based PR slash investor relations outfit GTH Communications, which focuses on small-cap businesses. M+M was a GTH client almost since it was founded, Hall said.
He said he’s going to be stepping back from GTH to focus on M+M.
Van Couvering founded Minds + Machines in 2008. It was soon acquired by the company that would be known as Top Level Domain Holdings, which later changed its name to Minds + Machines.
TLDH founder Fred Krueger got canned by the M+M board last year too.
Today, Van Couvering wrote:

It’s a story told a thousand times: founder of a company ousted by investors. It’s a story so common you can find it any day of the week as a minor headline in a tech blog. Not much of a story at all really, until it happened to me…
It sucked.

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dotgay has a third crack at .gay appeal

Kevin Murphy, February 19, 2016, Domain Policy

dotgay LLC has filed another appeal with ICANN, hoping to get its community-based .gay application back in the race.
It submitted a third Request for Reconsideration (pdf) this week, arguing on a technicality that its bid should have another Community Priority Evaluation.
The company has already lost two CPEs based on the Economist Intelligence Unit CPE panel’s belief that its definition of “gay” is too broad because it includes straight people.
It’s also lost two RfRs, which are adjudicated by ICANN’s Board Governance Committee.
The newest RfR addresses not the core “not gay enough” issue, but a procedural error at the EIU it believes it has identified.
According to the filing, dotgay is in possession of emails from an EIU employee who was responsible for verifying some of the dozens of support letters it had received from dotgay’s backers (generally equal rights campaign groups).
The company argues, citing the BGC’s own words, that this employee was not one of the official CPE “evaluators”, which means the EIU broke its own rules of procedure:

considering the fact that the CPE Process Document – which is considered by the BGC to be “consistent with” and “strictly adheres to the Guidebook’s criteria and requirements”, it is clear that the verification of the letters should have been performed by an independent evaluator… and not by someone “responsible for communicating with the authors of support and opposition letters regarding verification in the ordinary course of his work for the EIU”.

It wants the CPE to be conducted again, saying “it is obvious that the outcome of a process is often, if not always, determined by the fact whether the correct process has been followed”.
It’s difficult to see how the outcome of a third CPE, should one be undertaken, could be any different to the first two. Who verifies the support letters doesn’t seem to speak to the reason dotgay hasn’t scored enough points on its other two attempts.
But the alternative for the company is an expensive auction with the other .gay applicants.
Another CPE would at least buy it time to pile more political pressure on ICANN and the EIU.

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Rape ban results in just one .uk takedown, but piracy suspensions soar

Kevin Murphy, February 19, 2016, Domain Registries

Nominet’s controversial policy of suspending domain names that appear to condone rape resulted in one .uk domain being taken down last year.
That’s according to a summary of take-downs published by Nominet yesterday.
The report (pdf) reveals that 3,889 .uk names were taken down in the 12 months to October 31, 2015.
That’s up on the the 948 domains suspended in the six months to October 31, 2014.
The vast majority — 3,610 — were as a result of complaints from the Police Intellectual Property Crime Unit. In the October 2014 period, that unit was responsible for 839 suspensions.
Unlike these types of suspensions, which deal with the allegedly illegal content of web sites, the “offensive names” ban deals purely with the words in the domain names.
Nominet’s systems automatically flagged 2,407 names as potentially in breach of the policy — most likely because they contained the string “rape” or similar — in the 12 months.
But only one of those was judged, upon human perusal, in breach.
In the previous 12 months period, 11 domains were suspended based on this policy, but nine of those had been registered prior to the implementation of the policy early in 2014.
The policy, which bans domains that “promote or incite serious sexual violence”, was put in place following an independent review by Lord Macdonald.
He was recruited for advice due to government pressure following a couple of lazy anti-porn articles, both based on questionable research by a single anti-porn campaigner, in the right-wing press.
Assuming it takes a Nominet employee five minutes to manually review a .uk domain for breach, it seems the company is paying for 200 person-hours per year, or 25 working days, to take down one or two domain names that probably wouldn’t have caused any actual harm anyway.
Great policy.

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DCA fails .africa evaluation

Kevin Murphy, February 18, 2016, Domain Policy

DotConnectAfrice application for the .africa gTLD has, as expected, failed its ICANN evaluation for want of government support.
The official decision (pdf) was handed down overnight.
According to the Extended Evaluation panel, DCA’s “required documentation of support or non-objection was either not provided or did not meet the criteria”.
In other words, DCA did not have a shred of support for its controversial application.
For gTLDs representing multinational regions, support or non-objection is required from 60% of the governments in that region.
In addition, there cannot be more than one objection from a government in that region.
Not only did DCA not have any support, it also had over a dozen governmental objections.
The company had relied on support letters from the African Union Commission and the UN Economic Commission for Africa, both of which have been retracted.
The AU and most African governments support rival, successful applicant ZACR.
ZACR signed its .africa registry contract with ICANN in March 2014, but its bid has been kept in limbo while DCA has exploited ICANN appeals processes to delay delegation.
Most recently, DCA sued ICANN, despite signing away its right to sue when it applied.
DCA was originally rejected due to Governmental Advisory Committee advice, before it had completed evaluation.
But the company won an Independent Review Process ruling stating that ICANN erred by accepting the advice with no explanation, compelling ICANN to put the DCA application back into evaluation.
After a six-month review, the Geographic Names Panel has now concluded that, duh, nobody supports DCA’s bid.
ICANN has now changed the status of DCA’s application from “Not Approved” to “Will Not Proceed”.
Oddly, and possibly incorrectly, this status cites the GAC advice as the reason for the failure, rather than the fact that DCA failed its evaluation.
Per ICANN practice, no application is truly dead until the applicant withdraws.

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.cloud passes 20,000 names on day one

Kevin Murphy, February 17, 2016, Domain Registries

The newly launched gTLD .cloud passed 20,000 domains under management one day after entering general availability.
About 25 hours after the 1500 UTC launch yesterday, 20,347 domains had been registered, according to head of registry operations Francesco Cetraro.
He said 17,991 of those names were registered in GA.
The gTLD is priced around the $20 to $25 mark at the popular registrars I checked.
Over 20,000 names is a pretty decent start, putting the the Aruba-owned TLD within the top 100 new gTLDs by volume.
Volume-wise, it’s already in the same ball-park as the likes of .global, .sexy and .uno, which have each been around for well over a year.
Including dot-brands, there are now close to 900 new gTLDs, only about half of which have more than 100 names.

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.top adds a quarter million names in a day

Kevin Murphy, February 17, 2016, Domain Registries

The new gTLD .top set a new record for one-day growth, adding almost a quarter million domains on Monday.
The February 16 .top zone file shows 1,343,665 domains, up 238,616 on the day, according to DI stats.
That’s the majority of the 287,950-name growth the whole new gTLD universe experienced that day.
It’s the second example of a single TLD growing by six figures in a day, following .xyz’s 131,000-name growth on February 6.
It seems that the majority of the names were registered via West.cn, a Chinese registrar that sells the names for CNY 4 ($0.60).
It seems we’re looking at a buying spree by a limited number of Chinese investors.
.top is run by Jiangsu Bangning Science & Technology and marketed primarily in Chinese.
It’s currently the second largest new gTLD by zone size, after .xyz.

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$33 million .org contract up for grabs

Kevin Murphy, February 16, 2016, Domain Registries

Public Interest Registry, operator of .org, has put its back-end registry services contract up for grabs.
The deal could be worth around $33 million a year, judging by its current relationship with incumbent back-end Afilias.
PIR said in a statement today:

The organisation desires to contract with a qualified back-end registry services provider that shares a similar reputation and holds itself to the highest operational and ethical standards. The selected back-end registry service provider should be a “valued business partner” – an organisation that combines outstanding qualifications in service delivery with the ability to engage Public Interest Registry in a business relationship that seeks strategic and innovative approaches to enhance the capability and efficiency of service delivery.

The contract was actually supposed to end in January, according to the Internet Society resolution that approved it back in 2010.
According to PIR’s most recent available tax return (pdf), Afilias was paid $33.2 million in 2014.
It was paid $31 million in 2013 when its total revenue for the year we know to be $77 million. So it’s a pretty big deal for Afilias.
The payments are mainly, but not exclusively, for domain name registry services, according to PIR’s tax returns.
Afilias also operates a few additional services related to PIR’s expansion in the non-governmental organization market, such as a database of NGOs used for validation purposes.
But if we over-simplify things, a roughly $33 million annual payout for a 10-million-domain zone works to something in the ballpark of $3 per name per year.
Given some of the numbers I’ve heard thrown around over the last few years, I expect there are a few back-end providers out there that would be more than happy to offer a cheaper deal.
It will be the first time Afilias has had to fight for the .org contract since 2010, thought PIR has done a couple of analyses over the last few years to make sure it’s getting a fair deal in line with market prices.
Since 2010 the number of back-end registry providers has exploded due to the advent of the new gTLD program, so there will be more competition for the .org contract.
That said, none of the new providers are yet proven at the scale of .org, which has over 10.6 million names at the last count.
PIR expects to award the contract before December 2016.
Interested vendors have until March 5 to express their interest on this web site.

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