Four presidents slam .amazon decision

The leaders of four of the eight governments of the Amazon region of South America have formally condemned ICANN’s decision to move ahead with the .amazon gTLD.
In a joint statement over the weekend, the presidents of Peru, Colombia, Ecuador and Bolivia, said they have agreed to “to join efforts to protect the interests of our countries related to geographical or cultural names and the right to cultural identity of indigenous peoples”.
These four countries comprise the Andean Community, an economic cooperation group covering the nations through which the Andes pass, which has just concluded a summit on a broad range of issues.
The presidents said they have “deep concerns” about ICANN’s decision to proceed towards delegating .amazon to Amazon the company, over the objections of the eight-nation Amazon Cooperation Treaty Organization.
ICANN is “setting a serious precedent by prioritizing private commercial interests over public policy considerations of the States, such as the rights of indigenous peoples and the preservation of the Amazon in favor of humanity and against global warming”, they said (via Google Translate).
ACTO had been prepared to agree to Amazon running .amazon, but it wanted effective veto power on the TLD’s policy-setting committee and a number of other concessions that Amazon thought would interfere with its commercial interests.
As it stands, Amazon has offered to block thousands of culturally sensitive domains and to give the ACTO nations a minority voice in its policy-making activities.
ICANN will soon open these proposed commitments to public comment, and will likely decide to put .amazon into the root not too long thereafter.

Hold your horses! The last wave of comments on .amazon hasn’t started yet

ICANN has yet to open the final (?) public comment period on Amazon’s .amazon gTLD applications, but it’s been receiving comments anyway.
As I blogged at the weekend, ICANN has now given all but final approval to .amazon, and the last hurdle is 30 days of public comments, on Amazon’s proposed Public Interest Commitments.
I noted at the time that the ability to comment had not yet opened, or that it was well hidden.
Over the last 24 hours or so, ICANN has nevertheless received about 15 comments about .amazon on its old new gTLD application comment system.
They’re all negative, urging ICANN to prioritize the rights of the Amazon region of South America over Amazon’s corporate IP rights.
Go here and search for the string “amazon” to locate and read them.
But according to ICANN, the 30 days of comment has not yet kicked off.
A spokesperson told DI last night that the .amazon applications are still being processed and that the PICs have not yet been formally published.
It’s not yet clear whether the new gTLD application comment system will be used, or whether ICANN will use the email-based system it uses by default for comment periods.
I expect ICANN will make a formal announcement when comments do open. Either way, I’ll blog about it here when the time comes.
Amazon’s proposed PICs were published as part of a letter to ICANN (pdf) last month.
Given the timing, it seems ICANN only has a few days to open the comment period if it wants to have any hope of approving .amazon during ICANN 65, which runs in Marrakech from June 24 to 27.

Amazon wins! ICANN on verge of approving .amazon despite government outrage

Amazon has one foot over the finish line in its seemingly endless battle for the .amazon gTLD.
ICANN last week nudged its application along to probably its final hurdle and gave the strongest indication yet that the controversial dot-brand will soon be delegated in the root.
Amazon has essentially won, beating off objections from the eight South American nations of the Amazon Cooperation Treaty Organization.
In a May 15 resolution, published late Friday, the ICANN board of directors resolved that there is “no public policy reason for why the .AMAZON applications should not be allowed to proceed”.
It now plans to approve the application for .amazon, along with the Chinese and Japanese translations, after Amazon’s “Public Interest Commitments” — enforceable voluntary commitments that would be incorporated into its registry contract — have been subject to 30-day public comment period.
These PICs would require Amazon to give each of the eight nations, and ACTO itself, one domain name under .amazon that they could use to provide non-commercial information about the region whose name the company shares.
Amazon would also have to block up to 1,500 culturally sensitive terms in each of the TLDs, so that nobody could use them.
There’d be a steering committee comprising Amazon and the ACTO members, which would get to decide which domains are blocked. Amazon would have the ultimate veto, but ACTO states could appeal by filing PIC Dispute Resolution Procedure complaint with ICANN.
The text of Amazon’s proposed PICs can be found in an April 17 letter to ICANN (pdf).
As far as I can tell, the public comment period has not yet been opened. If it has, it’s so well-hidden on the ICANN web site that even my voodoo powers have been ineffective in unearthing it.
It seems likely that it will attract comment from ACTO and its members, along with others with an interest in protecting the Amazon region.
Whether their comments will be enough to make ICANN change its mind about eventually delegating .amazon seems highly unlikely.
Amazon, in my view, has basically won at this point.
The victory comes over seven years after the original application was filed.
Amazon fought off a Community Objection from the Independent Objector in 2013, but its applications were rejected by ICANN after receiving consensus advice from the Governmental Advisory Committee.
The GAC reached consensus against Amazon only after the United States, which had been protecting what is one of its largest technology companies’ interests, caved to pressure from the rest of the committee.
But Amazon filed an Independent Review Process complaint, which in July 2017 came back in the company’s favor. The IRP panel ruled that the GAC’s advice had been flimsy and baseless, and that ICANN should un-reject the .amazon applications.
Since then, it’s been a fight between Amazon and ACTO, with ICANN trapped in the middle.
As far as ICANN is concerned, the GAC had only advised it to “facilitate” a resolution between the two parties. It does not appear to believe it was under an obligation to assure that both parties were happy with the outcome.
ACTO had wanted much stronger protections from Amazon including majority control of the policy steering committee and, hilariously, a button on every single .amazon web page linking to an ACTO site promoting the Amazon region.
The company rejected those requests, and instead put its own unilateral proposal to ICANN.
Following ICANN’s approval, it’s now very possible that Amazon could start using .amazon this year.
However, given the usual speed at which the company launches its delegated gTLDs, some time in the 2030s is just as likely.

Another five Amazon TLDs move to Nominet

Another five gTLDs owned by Amazon have made the back-end switch from Neustar to Nominet.
According to changes to IANA records this week, Nominet is now the registry services provider for .bot, .zappos, .imdb, .prime, and .aws.
This brings the number of Amazon TLDs to migrate from Neustar to Nominet recently to 40.
Amazon has 52 gTLDs in its portfolio. It moved 35 of them to Nominet a couple weeks ago.
Neustar told us at the time:

in an effort to diversify their back-end support, Amazon has chosen to move some, but not all, of their TLDs to another provider. Neustar will still manage multiple Amazon TLDs after the transition and we look forward to our continued partnership.

Moving .bot is notable as it is one of only six Amazon TLDs currently accepting registrations. It’s still many months away from general availability, but it has about 1,500 names in its zone. The other four movers are currently pre-launch.
It may or may not be significant that no non-Latin-script TLDs belonging to Amazon have made the transition.
According to IANA records, Neustar is still managing 12 Amazon strings, only three of which — .song, .coupon and .zero — are not internationalized domain names.
If those three TLDs were to also make the jump to Nominet over the coming weeks, I would not be in the least bit surprised.
Nominet does not currently handle IDN TLDs for any client.

Amazon tells power-hungry governments to get stuffed

Amazon has rejected attempts by South American governments to make the would-be gTLD .amazon “jointly owned”.
In a letter to ICANN last week, Amazon VP of public policy Brian Huseman finally publicly revealed the price Amazon is willing to pay for its dot-brand, but said members of the Amazon Cooperation Treaty Organization are asking for way too much power.
It turns out three of ACTO’s eight national government members have proposed solutions to the current impasse, but Amazon has had to reject them all for commercial and security reasons. Huseman wrote (pdf):

Some member states require that we jointly own and manage the .AMAZON TLDs. Some require that we give the member states advance notice and veto authority over all domain names that we want to register and use—for both trademarked terms as well as generic words. Some suggest a Governance Committee can work only if it has governance that outweighs Amazon’s voice (i.e. the Governance Committee has a representative from one of each of the eight member states, while Amazon has one); and some want to use .AMAZON for their own commercial purposes.

From Huseman’s description, it sounds like the ACTO nations basically want majority control (at least in terms of policy) of .amazon and the Chinese and Japanese translations, applications for which have been essentially frozen by ICANN for years.
Huseman told ICANN that Amazon cannot comply.
If the company were to give eight South American governments advanced notice and veto power over .amazon domains it planned to register, it would make it virtually impossible to contain its business secrets prior to the launch of new services, he said.
The governments also want the right to block certain unspecified generic strings, unrelated to the Amazon region, he wrote. Amazon can’t allow that, because its range of businesses is broad and it may want to use those domains for its own commercial purposes.
Amazon has offered to block up to 1,500 strings per TLD that “represent the culture and heritage of the Amazonia region”.
Nine .amazon domains would be set aside for actual usage, one for ACTO and one each for its members, “that have primary and well-recognized significance to the culture and heritage of the region”, but they’d have to use those domains non-commercially.
The proposal seems to envisage that the countries would select their two-letter country code as their freebie domain. Brazil could get br.amazon, for example.
They could also select the names of Amazonian indigenous peoples’ groups or “the specific terms OTCA, culture, heritage, forest, river, and rainforest, in English, Dutch, Portuguese, and Spanish.”
They would not to be allowed to use third-level domains, other than “www”.
The governments would have up to two years to populate the list of 1,500 banned terms. The strings would have to have the same “culture and heritage” nexus, and Amazon would get veto power over whether the proposed strings actually meet that test.
As the whole policy would be enshrined as a Public Interest Commitment in the .amazon registry contract with ICANN, ACTO members would be able to protest such rejections using the PIC Dispute Resolution Policy.
Amazon would also get veto power over the content of the web sites at the domains used by the governments. They’d have to be basically static sites, and all user-generated content would be strictly verboten.
It’s a power struggle, with little evident common ground once you get down into the details, and it’s likely going to be up to ICANN to decide whether Amazon’s proposal is sufficient to overrule the ACTO and Governmental Advisory Committee concerns.
ICANN had set a deadline of April 21 to receive the proposal. The timetable it has previously set out would see its board of directors make a decision (or punt it back to Amazon) at the Marrakech public meeting in late June.
However, board chair Cherine Chalaby has told ACTO that if it wants to negotiate a joint proposal with Amazon, it can still do so. ICANN would need to receive this revised proposal by June 7, he said.

Neustar loses most of its Amazon back-end biz to Nominet

Amazon has switched two thirds of its large portfolio of new gTLDs over to Nominet’s back-end registry services, replacing Neustar.
Judging by changes to IANA records this week, Amazon has moved 35 gTLDs to Nominet, leaving 17 at Neustar.
A Neustar spokesperson confirmed the changes, telling DI:

in an effort to diversify their back-end support, Amazon has chosen to move some, but not all, of their TLDs to another provider. Neustar will still manage multiple Amazon TLDs after the transition and we look forward to our continued partnership.

The switch more than doubles Nominet’s number of TLDs under management. Its biggest customer to date was MMX, which pushed 20 of its TLDs to the .uk registry in a restructuring a few years ago.
The Amazon loss, and a few others recently, also mean that Neustar is by my back-of-the-envelope calculation no longer the largest back-end when measured by the number of TLDs under management.
Those bragging rights would go to Donuts, which self-manages its own rather large portfolio of 241 TLDs. Neustar would remain the largest provider in terms of service provided to third-party clients.
The Neustar-to-Nominet technical migration appears to have kicked off a couple of weeks ago and emerged Wednesday when Nominet’s Technical Contact information replaced Neustar’s in most of Amazon’s IANA records.
Customers will not have noticed, because the TLDs in question barely have any customers.
The only one of the 35 affected TLDs with any registrations at all is .moi, which has just a couple hundred domains in its zone.
The other affected TLDs, none of which have launched, are: .moi, .yamaxun, .author, .book, .buy, .call, .circle, .fast, .got, .jot, .joy, .like, .pin, .read, .room, .safe, .smile, .tushu, .wanggou, .spot, .tunes, .you, .talk, .audible, .deal, .fire, .now, .kindle, .silk, .save, .hot, .pay, .secure, .wow and .free.
The TLDs remaining with Neustar are: .bot, .zero, .ポイント, .書籍, .クラウド, .ストア, .セール, .coupon, .zappos, .ファッション, .食品, .song, .家電, .aws, .imdb, .prime, and .通販.
Six of the TLDs staying with Neustar have launched, but only one, .bot, has more than 100 registrations.
.bot is a tightly restricted, experimental space currently in a long-term “limited registration period” which is not due to end until next January. It has around 1,500 names in its zone file.
Four of Amazon’s dot-brands are staying with Neustar, which is probably the most enthusiastic cheerleader for dot-brands out there, and four are going to Nominet.
Neustar appears to be keeping all of Amazon’s internationalized domain names. Nominet currently manages no IDNs.
How important the adjustment is from a dollar perspective would rather depend on what the per-domain component of the deals were, and whether Amazon ever plans to actually make its gTLDs commercially available.
In recent weeks, XYZ.com also moved its recently acquired .baby gTLD from Neustar, where it had been an unused dot-brand, to preferred provider CentralNic, while .kred and .ceo, both under the same ownership, also switched to CentralNic.

.music update: I’m calling it for Costa

Amazon has pulled out of the fight for the .music gTLD, and I’m ready to call the race.
In full knowledge that this could be my “Dewey Defeats Truman” moment, it seems to me the balance of evidence right now is strongly pointing to a win for DotMusic over sole remaining rival bidder MMX.
The contention set originally had eight applicants, but six — Google, Donuts, Radix, Far Further, Domain Venture Partners and last night Amazon — have withdrawn over the last week or so.
This is a sure sign that the battle is over, and that the rights to .music have been auctioned off.
The two remaining applicants yet to withdraw are DotMusic Ltd, the Cyprus-based company founded and managed by music enthusiast and entrepreneur Constantinos Roussos, and Entertainment Names Inc, a joint venture managed by MMX (aka Minds + Machines).
One of them will withdraw its application soon, and my money’s on MMX.
Neither company will talk to me about the result.
But, as I observed Monday, DotMusic has recently substantially revamped its web site, and appears to be accepting “pre-registrations” for .music domains. These are not the actions of a loser.
MMX, on the other hand, has never shared Roussos’ public enthusiasm for .music and has never been particularly enthusiastic about winning private gTLD auctions, usually preferring instead to enjoy the proceeds of losing.
There are only two wildcard factors at play here that may soon make me look foolish.
First, the joint venture partner for Entertainment Names is an unknown quantity. Its two directors, listed in its .music application, are a pair of Hollywood entertainment lawyers with no previous strong connection to the ICANN ecosystem. I’ve no idea what their agenda is.
Second, MMX did not mention .music once in the “Post Period Highlights” of its recently filed 2018 financial results statement. It did mention the resolution of the .gay and .cpa contention sets, but not .music.
That filing came out April 3, at least a few days after the contention set had been won, but I’m assuming that the tight timing and/or non-disclosure agreements are probably to blame for the lack of a mention for .music.
So, on balance, I’m calling it for Roussos.
With a bit of luck we’ll have confirmation and maybe a bit of detail about potential launch dates before the week is out.

Did Roussos pull off the impossible? Google, Donuts, Radix all drop out of .music race

Google won’t be the registry for the .music gTLD.
The company, along with pure-play registries Donuts and Radix, late last week withdrew their respective applications from the .music contention set, leaving just three possible winners in the running.
Those are Amazon, MMX, and DotMusic, the company run by long-time .music fanboy Constantinos Roussos.
As I blogged last week, applications from Domain Venture Partners and Far Further have also been withdrawn.
I suspect, but do not know for a fact, that the contention was settled with a private deal, likely an auction, recently.
The logical guess for a winner would be Amazon, if only because of the nexus of its business to the music industry and the amount of money it could throw at an auction.
But I’m beginning to suspect that DotMusic might have prevailed.
The company appears to have recently revamped its web site, almost as if it’s gearing up for a launch.
Comparing the current version of music.us to versions in Google’s cache, it appears that the site has been recently given a new look, new copy and even a new logo.
It’s even added a prominent header link inviting prospective resellers to sign up, using a form that also appears to have been added in the last few weeks.
These changes all seem to have been made after the crucial ICANN vote that threw out the last of DotMusic’s appeals, March 14.
Are those the actions of an applicant resigned to defeat, or has Roussos pulled off the apparently impossible, defeating two of the internet’s biggest companies to one of the industry’s most coveted and controversial strings?
Participants in gTLD auctions typically sign NDAs, so we’re going to have to wait a bit longer (probably no more than a few days) to find out which of the remaining three applicants actually won.

ICANN plays tough over Amazon dot-brands

ICANN has given Amazon and the governments of the Amazon Cooperation Treaty Organization less than a month to sort out their long-running dispute over the .amazon gTLD.
The organization’s board of directors voted on Sunday to give ACTO and the e-commerce leviathan until April 7 to get their shit together or risk not getting what they want.
But both parties are going to have to come to an agreement without ICANN’s help, with the board noting that it “does not think that any further facilitation efforts by ICANN org will be fruitful”.
Attempts by ICANN to meet with ACTO over the last several months have been agreed to and then cancelled by ACTO on at least two separate occasions.
The eight ACTO governments think the string “Amazon” more rightfully belongs to them, due to it being the English name for the rain forest region they share.
Amazon the company has promised to safeguard culturally sensitive terms in .amazon, to assist with future efforts to secure .amazonas or similar for the Amazonian peoples, and to donate services and devices to the nations concerned.
Now, the two parties are going to have to bilaterally decide whether this deal is enough, whether it should be sweetened or rejected outright.
If they can’t come to a deal by ICANN’s deadline (which could be extended if Amazon and ACTO both ask for more time), ICANN will base its decision on whether to approve .amazon based on how Amazon unilaterally proposes to address ACTO’s concerns.
While a rejection of the .amazon application is still on the table, my read is that this is a bigger win for Amazon than it is for ACTO.

Updated: More .amazon delay as governments cancel talks

The future of Amazon’s bid for .amazon has been cast into more doubt after South American governments cancelled talks with ICANN.
The new secretary general of the Amazon Cooperation Treaty Organization, Alexandra Moreira, wrote to ICANN CEO Göran Marby February 13 to call off a meeting that had been planned to take place in Brasilia, February 19.
She blamed unspecified “unavoidable circumstances” for the cancellation, but insisted it was unrelated to the .amazon issue.
“It is necessary to clarify that the above mentioned circumstances have no connection whatsoever with neither the substance nor the agenda of the postponed meeting,” she wrote.
I believe the cancellation is related to the ongoing political instability in ACTO member Venezuela, which has recently spilled onto its borders with fellow members Brazil and Colombia.
Moreira reiterated that ACTO remains committed to talks to get the .amazon impasse resolved.
The cancellation of the February 19 meeting causes timing issues for ICANN’s board of directors, which has promised to vote on the .amazon applications at its meetings in Kobe, Japan, at ICANN 64, which kicks off in less than two weeks.
Brazilian Governmental Advisory Committee representative Achilles Zaluar has meanwhile reached out to Marby to request a delay of this decision until ICANN 65, which takes place in June.
Eight-nation ACTO is unhappy with Amazon’s encroachment onto what it sees as its geographic name rights, even though the Amazon region is typically known as Amazonia locally.
Amazon has offered to protect culturally sensitive terms at the second level and to support future efforts to secure a .amazonia TLD.
But its latest offers have still not been formally presented to and discussed with ACTO.
This post was updated an hour after publication to provide additional context to the cancellation.