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Epik customer exodus started when Monster quit

Kevin Murphy, April 18, 2023, Domain Registrars

Domain registrants started leaving Epik in droves when CEO Rob Monster quit last year and serious allegations of financial mismanagement emerged, an analysis of the numbers shows.

Epik’s total gTLD domains under management began to free-fall in September 2022, dropping by more than 70,000 by the end of the year, almost all as a result of customers transferring their domains to other registrars.

Data from registry transaction reports I compiled shows Epik peaking at around 808,000 domains across all gTLDs at the end of August, having gone up every month that year.

But DUM started tumbling when Monster quit and customers started reporting problems extracting funds from their accounts in mid-September. Epik dropped to 792,000 domains that month, with 780,000 in October, 767,000 in November and 733,000 at the end of the year.

Transfers from Epik to other registrars also went up in September, almost doubling from the 9,500 domains reported in August to 16,000, a level of customer bleed it maintained until December, when it rocketed up to almost 23,000.

Most of the losses were of course in .com, but .net, .org and .xyz also saw big downsides.

The drop in revenue won’t help the company extract itself from its current dire straits. It’s publicly admitted it’s having difficulty paying its customers, some of whom complain they’re owed tens or hundreds of thousands of dollars.

Epik is facing a customer lawsuit, the prospect of a probe by its local state attorney general over its unlicensed escrow service, and recently had to shut down its unlicensed “insurance” service after a settlement with the Washington state insurance regulator.

Whoever runs its Twitter account has been pointing the finger of blame at Monster, saying the company, which it refers to as “Epik 2.0” is trying to move “out of a monster’s shadow”.

In recent days it’s tweeted reassurances that customers will eventually be made whole, legal threats against Monster (believed to still be non-executive chair) and, yesterday, expressions of a desire to “connect” with Monster and explore “alternative paths”.

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ICANN wants more newbies on its board

Kevin Murphy, April 17, 2023, Domain Policy

ICANN is planning changes to how its board of directors are picked, including new measures to get more community virgins around the table.

Under proposed new rules for its Nominating Committee, which chooses eight of the 20 directors, at least three directors at any given time would have to be “unaffiliated”.

The definition of “unaffiliated” is extremely broad, seemingly ruling out anybody who has ever had any professional involvement with the ICANN community whatsoever. Even people who have showed up at ICANN meetings on their employer’s dime would be excluded.

By my reckoning, only two of the current crop of eight NomCom appointees could possibly meet this definition, based on their biographies.

The new rules would give NomCom some flexibility in cases where it really can’t find an otherwise qualified director without any ICANN ties.

NomCom members would also get their own terms extended under the proposals, from one year to two, in order to improve institutional memory. Some current members would have their terms extended while others would not.

To tackle the same continuity issues, ICANN also wants to create a Nominating Committee Standing Committee — that’s right, an entity with two “Committees” in its name — to oversee the NomCom.

The four-person committee would be made up of former NomCom members and would be tasked with things like reviewing the previous hiring cycle and suggesting possible procedural changes. It would have no input on who gets hired and fired.

The proposals, which originate from a review that began in 2016, are open for public comment until May 29.

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AcornDomains bought by conference organizer

Kevin Murphy, April 17, 2023, Domain Services

The UK-focused domainer forum AcornDomains has been bought by the company that runs the fledgling London Domain Summit.

Domainer Helmuts Meskonis said he’s bought the site via his companies, Helmuts Limited and No Stress Limited, which also runs hosting company HostMaria.

Meskonis said he’s bringing on two more moderators — current community members — to “help ensure that the forum continues to be a friendly and safe place for everyone.”

He also hinted that prices for advertising and the optional premium membership fee may be going up.

Since he announced the deal on the forum on Saturday, feedback from users has been generally positive.

Meskonis is founder of the London Domain Summit, which held its inaugural event — a low-key affair at a restaurant — last year. He’s planning to run a second event this August.

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Uniregistry successor makes big pricing changes on two TLDs

Kevin Murphy, April 14, 2023, Domain Registries

Internet Naming Co is slashing thousands of dollars from the price of one of its TLDs and increasing the price of another by a similar amount.

The company, which took over nine former Uniregistry gTLDs last year, is reducing the wholesale price of .forum domains from $1,000 a year to a retail price of $39 a year, while increasing the wholesale price of .country domains from $20 a year to $2,000 a year.

CEO Shayan Rostam said that in the case of .country, existing registrants (there are fewer than 4,000 domains there today) will be grandfathered in at the old renewal and transfer prices.

He said the TLD will be relaunched with a new business model later in the year — it’s currently marketed as a country music TLD — and that he does not expect to sell many domains at the new higher pricing.

For .forum, which only has a few hundred regs today, a second sunrise period began this week. It will run until May 10 after which there will be a second Early Access Period until prices settle in general availability on May 17.

Rostam said the relaunch will accompany the release of thousands of reserved names, including all one, two and three-character domains, and a tiered pricing system for premium names.

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ICANN to crowd-source CEO search

Kevin Murphy, April 14, 2023, Domain Policy

Community members will get more input into ICANN’s leadership than they have for a decade, as the Org searches for its new CEO.

Chris Chapman, chair of the board’s newly reconstituted CEO Search Committee has laid out plans for a series of “listening sessions” that will give interested parties the chance to give their two cents into what an ICANN CEO should look like.

There’s going to be an open Zoom call for 90 minutes on May 16, along with at least a dozen other sessions with various interest groups.

The GAC, ccNSO, ALAC, RSSAC, GNSO, ISOC, IETF, ASO and former directors will all get bilateral sessions during the board’s April 27-28 workshop, and will meet with the SSAC in May.

Staff have also had two such sessions and will get one more before the June public meeting, where ICANN will publish its “candidate profile” for the gig.

The search process wasn’t nearly as inclusive last time around, when a CEO was hired in 2016, but there was a similar level of outreach in 2012, after Rod Beckstrom resigned.

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Verisign’s .net contract up for public comment

Kevin Murphy, April 13, 2023, Domain Registries

ICANN intends to renew Verisign’s contract to run the .net gTLD and has opened the revised deal for public comment.

At first glance, there doesn’t appear to be anything massively controversial about the proposed changes, so we probably shouldn’t expect the same kind of outrage similar contract renewals have solicited in the past.

A great deal of the changes relate to the sunsetting of the Whois protocol and its replacement with the functionally similar RDAP, something set to become part of all gTLD contracts, legacy and new, soon.

The only money-related change of note is the agreement that Verisign will pay pro-rated portions of the $0.75 annual ICANN transaction fee when it sells its Consolidate service, which allows registrants to synchronize their expiry dates for convenience.

That provision is already in the .com contract, and Verisign has agreed to back-date the payments to May 1, 2020, around about the same time the .com contract was signed.

The controversial side-deal under which Verisign agreed to pay ICANN $4 million a year for five years is also being amended, but the duration and amount of money do not appear to be changing.

The new Registry Agreement also includes Public Interest Commitments for the first time. Verisign has agreed to two PICs common to all new gTLD RAs governing prohibitions on abusive behaviors.

The deal would extend Verisign’s oversight for six years, to June 30, 2029. It’s open for public comment until May 25.

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About 6,000 .au domains remain contested

Kevin Murphy, April 11, 2023, Domain Registries

Australia’s .au ccTLD has added about 25,000 direct second-level domains since the start of the year, according to auDA.

The registry said this week that it had 740,000 2LD .au names as of March. In its annual report for 2022, published in February, it said it had 716,000 at the end of the year.

auDA also revealed some statistics on its Priority Allocation Process, including the fact that some 6,000 .au domains remain unallocated because more than one registrant has staked a claim.

The process allowed registrants of third-level domains to claim their matching 2LD, but in some cases there’s a conflict because on person owns the .com.au and another owns the .org.au or .net.au.

The 3LD owners have to renew their application for the matching 2LD every year or risk losing it to their rival applicant. The first renewal is due this September.

Over 450,000 contention sets have been resolved so far. There are 4.2 million .au domains registered overall.

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New gTLDs — implementation talks to start next month

Kevin Murphy, April 5, 2023, Domain Policy

ICANN expects to kick off its implementation efforts for the next rounds of new gTLDs next month.

The Org is putting together its Implementation Review Team, a group of community members that will help shepherd staff into turning policy into reality.

Each supporting organization, advisory committee and constituency will get to nominate a representative (and an alt) and ICANN will put out an open call for volunteers for the team.

Members of the working group that came up with the policy recommendations in the first place are expected to be likely candidates.

The IRT’s main objective is to make sure that ICANN sticks to the letter and spirit of the recommendations, many of which were adopted by its board of directors last month, and prevent members re-litigating settled disputes.

ICANN expects to hold its first IRT meeting the week of May 14 or sooner.

ICANN spent millions of dollars and most of 2022 carrying out an Operational Design Assessment of new gTLDs policy recommendations, which was intended in part to relieve the IRT of some heavy lifting and speed it up.

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Epik sued over financial meltdown

Domain registrar Epik has been sued by a customer who says he is owed $327,000 over an aborted secondary market purchase.

Matthew Adkisson says he paid the sum to Epik to buy the domain nourish.com from a third-party seller, with Epik paid $27,000 for its escrow service.

However, Adkisson alleges, the sale fell through and when he asked Epik for his money back he was given the runaround for months.

His lawsuit describes a scheme whereby Epik, former CEO Rob Monster and current CEO Brian Royce were using supposedly escrowed funds for general corporate — and possibly even personal — purposes.

There are even alleged Ponzi-like elements, with funds from new customers being used to pay off debts to former customers.

The suit describes it as a “widespread and illegal fraudulent scheme — replete with misrepresentations, embezzlement, and misappropriation”.

Similar complaints of this nature have been made against Epik for months, with many buyers and sellers struggling to get paid.

The suit, which suggests it believes some of Epik’s actions may have been criminal, lists eight counts including breach of contract, fraud and racketeering. Adkisson wants his money back, as well as unspecified damages.

You can read the complaint here (pdf). Hat tip to John Berryhill.

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ChatGPT maker files UDRP on .com match

Kevin Murphy, April 3, 2023, Domain Policy

The registrant of chatgpt.com must have thought he’d hit the motherlode when he picked up the domain last December, almost a month after it launched and days after the wildly popular AI chatbot had already received rave reviews from the global press.

What he got instead was a UDRP complaint with WIPO, which ChatGPT maker OpenAI filed last week.

While you’d expect it to be an open-and-shut case, it appears OpenAI was almost as slow with its trademark applications as it was with its domain registration strategy.

The company uses a subdomain of openai.com for the chat service. It launched November 30 last year and received high praise in outlets including the New York Times over the following week.

The .com registrant picked up the previously unregistered name on December 13, but it was not until December 27 that OpenAI applied for a US trademark on the brand.

It wasn’t even the first to apply for a trademark. A company called BrandCentral applied for the mark on December 15, in various “merch” categories unrelated to AI or software, but has since withdrawn the application.

Fortunately for OpenAI, WIPO allows complainants to assert common law trademark rights if the brand is sufficiently famous, and ChatGPT had well over a million users by the time the domain in question was registered.

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