.cloud gets the China blessing

.cloud, run by Italian registry Aruba, has become the latest TLD to get the official nod to sell in China.
The blessing from the Ministry of Industry and Information Technology came at the end of October and the company announced it today.
The accreditation means .cloud domains sold to residents of the Chinese mainland will now be resolvable, and subject to China’s onerous censorship rules.
It’s the first Latin-script TLD to be approved by MIIT since July.
.cloud says it currently has 155,000 domains registered to customers in 180 countries.

Donuts backs away from .spa fight

Donuts has finally admitted defeat in its long-running fight to run the .spa gTLD, withdrawing its application and leaving rival Asia Spa and Wellness Promotion Council the victor.
ASWPC, run from Hong Kong by .asia’s Edmon Chung, has now entered into contracting with ICANN.
The company had won a Community Priority Evaluation back in 2015, with a passing score of 14 out of 16, which Donuts has been challenging ever since.
Donuts and ICANN were in a so-called Cooperative Engagement Process, a form of informal arbitration designed to stave off a more expensive Independent Review Process fight, from January 2016 until this month.
This meant ASWPC has been sitting twiddling its thumbs, unable to sign its contract or launch its TLD, for the better part of three years.
It’s not clear why Donuts decided not to go to a full-blown IRP. The company declined to comment for this article.
As a community applicant, the company had the backing of hundreds of spas worldwide.
It also had the backing of the Belgian government, which was important because spas are (little-known fact alert!) named after the tiny Belgian town of Spa.
It is believed that ASWPC promised up to 25% of its profits to Spa in order to gain this backing, but only from domains registered by Belgian, Dutch, Luxembourgish, French or German registrants.

Hebrew .com off to a slow start

The Hebrew transliteration of .com has only sold a couple hundred domains since it went into general availability.
Verisign took the new gTLD קום. (Hebrew is a right-to-left script, so the dot comes after the string) to market November 5, when it had about 3,200 domains in its zone file. It now stands around the 3,400 mark.
The pre-GA domains are a combination of a few hundred sunrise regs and a few thousand exact-match .coms that were grandfathered in during a special registration period.
It’s not a stellar performance out of the gates, but Hebrew is not a widely-spoken language and most of its speakers are also very familiar with the Latin script.
There are between seven and nine million Hebrew speakers in the world, according to Wikipedia. It doesn’t make the top 100 languages in the world.
The ccTLD for Israel, where most of these speakers live, reports that it currently has 246,795 .il domains under management. That’s a middling amount when compared to similarly sized countries such as Serbia (about 100,000 names) and Switzerland (over 2 million).
Verisign’s original application for this transliteration had to be corrected, from קום. to קוֹם. If you can tell the difference, you have better eyesight than me.
In the root, the gTLD is Punycoded as .xn--9dbq2a.

Bad.monster? Two more gTLDs have been acquired

Two more new gTLDs have changed hands, DI has learned.
XYZ.com has picked up former dot-brand .monster from recruitment web site Monster.com, while newbie registry Intercap Holdings has acquired .dealer from Dealer.com.
Both ICANN contracts were reassigned last month.
Neither acquiring company has announced their purchases or published their launch plans yet.
That said, XYZ has already registered a few intriguing domains: bad.monster, good.monster, my.monster and go.monster.
It appears that go.monster — slogan: “It’s Alive!” — will be the registry’s launch site. It’s the only one I could get to resolve.
It’s the second example I can think of of a dot-brand gTLD being acquired by a registry that intends to run it as a generic.
In 2016, Top Level Spectrum acquired .observer from the newspaper of the same name.
Most dot-brands that don’t want their TLDs any more choose to retire them. That number is up to 45 now.
.dealer wasn’t technically a dot-brand — it had no Spec 13 in its contract — but its 2012 application certainly made it look like a dot-brand, with most of the domains reserved for Dealer.com and its affiliates. It looked defensive.
Shayam Rostam, chief registry officer of ICH, told me the plan for .dealer is to primarily target car dealers (also its former owner’s market) but that it will be unrestricted and open to all comers.
Intercap wants to get its January launch of .inc out of the way before turning its attention to .dealer, so we’re probably looking at mid-late 2019 for a launch, Rostam said.
It also needs to do some housekeeping such as moving the TLD to Uniregistry’s back-end.
What do y’all think about these TLDs? Could .monster be the next .guru? Could .dealer find a home in the burgeoning legal cannabis market? Comment below!

First non-brand gTLD to go dark

The number of new gTLDs to voluntarily terminate their ICANN contracts has hit 45, with the first non-brand calling it quits.
It’s a geo-gTLD, .doha, which was meant to represent the Qatari capital of Doha.
There were no registered domains. Despite being delegated in March 2015, it never launched.
The registry was the country’s Communications Regulatory Authority, which also runs local ccTLD .qa.
No reason was given for the request — registries are allowed to terminate their contracts for any reason, with notice.
The registry’s web site hasn’t been updated in some time, so perhaps resources are an issue.
Given Doha is a protected geographic term, it’s unlikely to return in future unless the government changes its mind in future application rounds.
Dot-brand gTLDs to go the same way since I last reported the number include .blanco, .spiegel, .bond, .epost, .active and .zippo.

Two controversial new gTLDs launching in January

Five years after the first batch of new gTLDs hit the market, registries continue to drip-feed them into the internet.
At least two more are due to launch on January 16 — .dev and .inc.
.dev is the latest of Google’s portfolio to be released, aimed at the software developer market.
It proved controversial briefly when it first was added to the DNS in 2014, causing headaches for some developers who were already using .dev domains on their private networks.
Four years is plenty of time for all of these collisions to have been cleaned up, however, so I can’t imagine many problems emerging when people start buying these names.
.dev starts a one-month sunrise January 16, sells at early access prices from February 19 to 28 before going to regular-price general availability.
Google has already launched one of its own products, web.dev, a testing tool for web developers, on a .dev domain.
Launching with a pretty much identical phased launch plan is .inc, from new market entrant Intercap Holdings, a Caymans-based subsidiary of a Toronto firm founded by .tv founder Jason Chapnik and managed by .xyz alumnus Shayan Rostam.
Intercap bought the .inc contract from Edmon Chong’s GTLD Limited earlier this year for an undisclosed sum. GTLD Ltd is believed to have paid in excess of $15 million for the TLD at auction.
.inc has proved controversial in the past, attracting criticism from states attorneys general in the US, which backed another bidder.
It may prove controversial in future, too. I have a hunch it’s going to attract more than its fair share of cybersquatters and will probably do quite well out of defensive registration fees.

Kirikos lawyers up after ICANN etiquette fight

Domain investor George Kirikos has hired lawyers to send nastygrams to ICANN after a fight over the rules of etiquette on a working group mailing list.
Kirikos claims there’s a “campaign of intimidation” against him by fellow volunteers who do not agree with his opinions and forthright tone, but that he “has not done anything wrong”.
In response, ICANN CEO Goran Marby this evening revealed that he has assigned his general counsel and new deputy, John Jeffrey, to the case.
Even by ICANN standards, it’s a textbook case of a) manufacturing mountains out of molehills, and b) how it can become almost impossible to communicate like sensible human beings when everyone’s tangled in red tape.
The dispute started back in May, when Kirikos got into a fight with IP lawyer Greg Shatan on the mailing list of the Rights Protection Mechanisms working group.
Both men are volunteers on the group, which seeks to refine ICANN policy protecting trademark owners in gTLDs.
The argument was about the content of a World Intellectual Property Organization web page listing instances of UDRP cases being challenged in court.
Kirikos took a strident tone, to which Shatan took exception.
Shatan then reported Kirikos to the working group’s co-chairs, claiming a breach of the Expected Standards of Behavior — the informal code of conduct designed to prevent every ICANN discussion turning into a flame war and/or bare-knuckle alley fight.
Under GNSO PDP rules, working group volunteers have to agree to abide by the ESB. Group chairs have the ability to kick participants who repeatedly offend.
At this point, the sensible thing to do would have been for Shatan and Kirikos to hug it out and move on.
But this is ICANN.
What actually happened was a pointless procedural back-and-forth between Kirikos, Shatan, and working group chairs Phil Corwin of Verisign and Brian Beckham of WIPO, which resulted in Kirikos hiring two lawyers — Andrew Bernstein of Torys and regular ICANN participant Robin Gross of IP Justice.
It’s believed to be the first time a WG participant has hired counsel over a mailing list argument.
Far too boring to recount here, Corwin’s timeline of events can be found from page 24 of this transcript (pdf) of remarks delivered here in Barcelona during ICANN 63, while the Bernstein/Kirikos timeline can be found here (pdf).
The rub of it is that Kirikos reckons both Corwin and Beckham are biased against him — Beckham because Kirikos voted against his chairship, Corwin because of a similar dispute in a related working group earlier this year — and that the ESB is unenforceable anyway.
According to Bernstein: “Mr. Kirikos has strong concerns that whatever process ICANN purports to operate with respect to Mr. Shatan’s complaint, it will not be fairly or neutrally adjudicated.”
He added that Kirikos had said that “due to the precise language of Section 3.4 of the Working Group Guidelines, Mr. Shatan lacked a basis to initiate any complaint”.
That language allows complaints to be filed if the ESB is “abused”. According to Corwin’s account, Kirikos — well-known as a detail-oriented ICANN critic — reckons the correct term should be “violated”, which rendered the ESB “null and void and unenforceable” in this instance.
Bernstein has since added that the ICANN board of directors never intended the ESB to be anything but voluntary.
The sum of this appears to be that the dispute has had a chilling effect on the RPM working group’s ability to get anything done, consuming much of its co-chairs’ time.
Kirikos lawyering up seems to have compounded this effect.
Now, as ICANN 63 drew to a close this evening, CEO Marby said in a brief prepared statement that the WG’s work has “more or less stalled for the last several months” and that he’s assigned general counsel John Jeffrey to “look into the issues surrounding this matter”.
ICANN “takes the issue very seriously”, he said.
As well it might. The Kirikos/Shatan incident may have been blown waaaaay out of proportion, but at its core is a serious question about civil discourse in ICANN policy-making.
Personally, I hold out hope it’s not too late for everyone to hug it out and move on.
But this is ICANN.

Amazon offered $5 million of free Kindles for .amazon gTLD

Amazon offered South American governments $5 million worth of free Kindles, content and cloud services in exchange for their endorsement of its .amazon gTLD application, it has emerged.
The proposal, made in February, also included an offer of four years of free hosting up to a value of $1 million.
The sweeteners came during negotiations with the eight governments of the Amazon Cooperation Treaty Organization, which object to .amazon because they think it would infringe on their geographical and cultural rights.
Amazon has sought to reassure these governments that it will reserve culturally sensitive strings of their choice in .amazon, and that it will actively support any future applications for gTLDs such as .amazonas, which is the more meaningful geographic string in local languages.
I’ve reported on these offers before, but to my knowledge the offer of free Kindles and AWS credits has not been made public before. (UPDATE: Nope.)
According to a September letter from ACTO, published (pdf) this week, Amazon told it:

as an indication of goodwill and support for the people and governments of the Amazonian Region… [Amazon will] make available to the OTCA governments credits for the use of AWS services, Kindles preloaded with mutually agreed upon content, and similar Amazon.com services and products in an amount not to exceed $5,000,000.

Amazon also offered to set up a .amazon web site “to support the Amazonian people’s cultural heritage” and pay up to $1 million to host it for four years.
These kinds of financial sweeteners would not be without precedent.
The applicant for .bar wound up offering to donate $100,000 to fund a school in Montenegro, after the government noted the string match with the Bar region of the country.
The ACTO countries met in August to consider Amazon’s offer, but chose not to accept it.
However, they’re not closing off talks altogether. Instead, they’ve taken up ICANN on its offer to act as a facilitator of talks between Amazon and ACTO members.
The ICANN board of directors passed a resolution last month instructing CEO Goran Marby to “support the development of a solution” that would involve “sharing the use of those top-level domains with the ACTO member states”.
ACTO secretary general Jacqueline Mendoza has responded positively to this resolution (pdf) and invited Marby to ACTO headquarters in Brasilia to carry on these talks.

Co-founder Nevett leaves Donuts

Donuts executive vice president of corporate affairs Jon Nevett has left the company, Donuts said yesterday.
He’s the last of the four co-founders of the new gTLD portfolio owner to step aside from their original roles over the last couple of years.
There’s no word on whether he’s got a new gig lined up, but given the recent acquisition of Donuts by Abry Partners, which gave the founders the opportunity to dispose of their shares, Nevett presumably will be in no rush.
Donuts said in a statement that Nevett, who led policy at the company, will continue to act as an advisor.
He follows Dan Schindler and Richard Tindal as co-founders who have since left the company.
Founding CEO Paul Stahura stepped into the executive chair role a couple of years ago to make way for Bruce Jaffe, who led the firm through its merger with Rightside and subsequent sale to Abry.
Jaffe himself will leave next month to allow former ICANN bigwig Akram Atallah into the hot seat. Former ICANN CEO Fadi Chehade is one of Abry’s lead overseers of Donuts.

Donuts loses to ICANN in $135 million .web auction appeal

Donuts has lost a legal appeal against ICANN in its fight to prevent Verisign running the .web gTLD.
A California court ruled yesterday that a lower court was correct when it ruled almost two years ago that Donuts had signed away its right to sue ICANN, like all gTLD applicants.
The judges ruled that the lower District Court had “properly dismissed” Donuts’ complaint, and that the covenant not to sue in the Applicant Guidebook is not “unconscionable”.
Key in their thinking was the fact that ICANN has an Independent Review Process in place that Donuts could use to continue its fight against the .web outcome.
The lawsuit was filed by Donuts subsidiary Ruby Glen in July 2016, shortly before .web was due to go to an ICANN-managed last-resort auction.
Donuts and many others believed at the time that one applicant, Nu Dot Co, was being secretly bankrolled by a player with much deeper pockets, and it wanted the auction postponed and ICANN to reveal the identity of this backer.
Donuts lost its request for a restraining order.
The auction went ahead, and NDC won with a bid of $135 million, which subsequently was confirmed to have been covertly funded by Verisign.
Donuts then quickly amended its complaint to include claims of negligence, breach of contract and other violations, as it sought $22.5 million from ICANN.
That’s roughly how much it would have received as a losing bidder had the .web contention set been settled privately and NDC still submitted a $135 million bid.
As it stands, ICANN has the $135 million.
That complaint was also rejected, with the District Court disagreeing with earlier precedent in the .africa case and saying that the covenant not to sue is enforceable.
The Appeals Court has now agreed, so unless Donuts has other legal appeals open to it, the .web fight will be settled using ICANN mechanisms.
The ruling does not mean ICANN can go ahead and delegate .web to Verisign.
The .web contention set is currently “on-hold” because Afilias, the second-place bidder in the auction, has since June been in a so-called Cooperative Engagement Process with ICANN.
CEP is a semi-formal negotiation-phase precursor to a full-blown IRP filing, which now seems much more likely to go ahead following the court’s ruling.
The appeals court ruling has not yet been published by ICANN, but it can be viewed here (pdf).
The court heard arguments from Donuts and ICANN lawyers on October 9, the same day that DI revealed that ICANN Global Domains Division president Akram Atallah had been hired by Donuts as its new CEO.
A recording of the 32-minute hearing can be viewed on YouTube here or embedded below.