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ICM will NOT offer free .porn names to .xxx buyers

Kevin Murphy, November 10, 2014, Domain Registries

ICM Registry has reneged on its promise to “grandfather” trademark owners and other .xxx registrants in its forthcoming .sex, .porn and .adult new gTLDs.
While the changes are sure to infuriate trademark owners and .xxx registrants, the company insists that ICANN is to blame for blocking its original plans.
Originally, ICM had promised to reserve every .sex, .porn and .adult domain that matched an existing .xxx domain — if you owned or had blocked example.xxx then example.porn and so on would be reserved.
There was not to be a charge for any of these reservations.
The current versions of ICM’s new gTLD applications are unequivocal — nobody who owns a .xxx name or bought a block will be charged for the equivalent .sex, .porn or .adult names or blocks.
On names “blocked” by trademark owners during the .xxx Sunrise B period, the applications state:

All existing blocked names under the .XXX Sunrise B program… will not need to take any action to have those same names blocked in the new gTLD. All of these matching names will be automatically reserved from registration in the new TLD, free of charge.

On names registered in general availability, the applications state:

all existing .XXX names will be reserved from registration in the new gTLD and only registrants of that .XXX name will be given the opportunity to initially register that corresponding .XXX name in the new gTLD. If the .XXX registrant elects to register the name in the new gTLD, this can be done for a low annual fee. If the .XXX registrant does not elect to register the name in the new gTLD, then the new, matching, gTLD name will be reserved on [ICM’s] registry-reserved list at NO cost.

While neither application has been amended yet, neither of these statements are any longer true, ICM has confirmed.
Instead, the company’s new Domain Matching Program anticipates an extra launch phase between Sunrise and general availability. Under ICANN rules, it’s a Limited Registration Period.
During this month-long phase, anyone who owns a .xxx domain or block will be able to purchase the matching new gTLD names, unless it has already been registered in the Sunrise period.
What does this all mean…
For regular .xxx registrants?
If you own a .xxx domain, you no longer get a free permanent reservation on the matching .porn, .sex and .adult names while you make up your mind whether to buy them.
Instead, you’ll have to buy it during the 30-day DMP window.
ICM’s fee for DMP and Sunrise will be the same as for general availability, ICM CEO Stuart Lawley told DI.
Also, if there’s a trademark in the Trademark Clearinghouse that matches your second-level string, that trademark’s owner will be able to register the matching names before you get a chance.
Remember, not all TMCH users are legitimate brands. Some are domain investors gaming the system.
For premium .xxx buyers?
The changes may also concern registrants of “premium” .xxx names, many of which may have assumed they’d get the matching .porn, .sex and .adult reservations free of charge.
Porn site operators Really Useful and Barron Innovations, which have spent millions apiece on premium .xxx names such as teen.xxx and sex.xxx, have both said in ICM press releases that the grandfathering program formed an important part of their decision-making.
“We look forward to enjoying the benefits of ICM’s unique Domain Matching Program, which gives .XXX holders an opportunity to secure matching .XXX domain names in .PORN, .ADULT and .SEX,” Barron spokesperson Shay Efron said when the $3 million sale of sex.xxx was announced.
“We will be speaking individually to each premium name holder who purchased premium names after we had announced the original grandfathering plan,” Lawley told us.
It seems that the premium string will be registry-reserved, however, so there’s no chance of them being snapped up during Sunrise.
For brands?
If you’re a brand who bought a .xxx block during the Sunrise B period back in 2011, you no longer get grandfathered into a free permanent reservation in .sex, .adult and .porn.
Instead, you’ll have to buy your names as usual either during Sunrise, DMP or — if you feel like taking a risk — general availability.
The problem is: you only qualify for Sunrise if you’re registered in the TMCH, and most Sunrise B buyers are not.
Something like 70,000 names were registered during the .xxx Sunrise B period three years ago, but there are only 33,000 marks registered in the TMCH today.
The owners of more than half of the Sunrise B blocks, who may have thought their blocks would carry over to ICM’s three new gTLDs free of charge, currently do not even have the right to buy their names in Sunrise.
If you have a .xxx Sunrise B block AND are in the TMCH, you may find yourself competing with other trademark owners with matching marks during the .porn, .adult and .sex Sunrise periods.
Any Sunrise B match not registered during the Sunrise and DMP phases will be up for grabs during GA, just the same as any other domain.
Lawley reminds us that the .xxx Sunrise B predated ICM’s new gTLD applications by many months — nobody bought a block in 2011 thinking it would be enforced in all four gTLDs.
He added that ICM has “recently secured a unique offer through the TMCH that will enable trademark owners to register with the TMCH for one year, at a reduced fee.”
Why did ICM make the changes?
The changes put the registry on a collision course with the Intellectual Property Constituency of ICANN, which looks out for the interests of trademark owners and is not a fan of porn-themed TLDs.
“The IPC is going to collectively shit a brick,” one IPC member told us.
But the IPC, which has been unshakable when it comes to the strict enforcement of ICANN’s mandatory new gTLD rights protection mechanisms, may have shot itself in the foot to an extent.
According to ICM, it’s ICANN’s fault, and indirectly the IPC’s, that it’s had to abandon free grandfathering.
In a statement sent to DI, the company said:

Throughout the ICANN approval process, ICM pursued multiple pathways to try and ensure its original “grandfathering plan”. However, due to technological concerns and strong trademark protection policies that ICANN’s intellectual property community requires in all new gTLDs, ICANN flatly rejected ICM’s grandfathering plan.

The mandatory new gTLD rights protection mechanisms enforced by ICANN means that no domain names may be set aside before trademark owners have had a crack at the Sunrise period, ICM said:

Those rights protections require that TMCH-validated Sunrise Holders get the first priority for names in any new gTLD and also contain certain prohibitions on all registries from earmarking domain names for third parties.

However, ICM has still managed to set aside an unknown number of names as part of its Premium Domains Program — those names will be immune from registration during both Sunrise and the DMP.
It’s also going to reserve, free of charge, a bunch of “culturally sensitive” names — these are strings that members of the ICANN Governmental Advisory Committee asked to be reserved in .xxx.
Names related to child abuse material will also be registry-reserved at no cost to the child protection agencies that requested the blocks when .xxx launched.
Plenty of stuff is getting reserved, just not Sunrise B blocks.
ICANN’s rules against “earmarking” domains may have prevented ICM offering matching domains to regular .xxx registrants, but it’s hard to see how that would prevent a .xxx block carrying over to .porn. Blocks are not assigned to a specific registrant; they belong to the registry.
The .adult and .porn gTLDs are set to start their 30-day Sunrise periods March 1, 2015. The 30-day DMP for both will begin April 15.
The .sex gTLD was contested, so it’s running a little behind. ICM expects to launch it later in 2015.

ICM scraps free .xxx porn star offer, starts new one

ICM Registry has partnered with a company called Model Centro to offer free .xxx domain names to porn performers.
Model Centro offers porn models a managed fan site and social networking service. It’s free to the models, with the company taking a 15% slice of whatever subscription fees are taken from their fans.
The arrangement seems to be related to the sale of Models.xxx, which ICM held back as a premium name until this week but which now mirrors the old modelcentro.com.
The deal will see each Models.xxx user get one free .xxx domain.
It also means ICM’s Adult Performer Program, which reserved the names of 3,500 porn stars and allowed them to be claimed for free via Name.com is no more.
The company said in a statement that the two-year-old program has been scrapped.
The new deal is probably better for .xxx. Because Models.xxx is a web site service, each free domain given away is going to turn into a site almost immediately, potentially increasingly the gTLD’s visibility.
The same group that runs Model Centro also recently acquired the premium bukkake.xxx, while another bought extreme.xxx and public.xxx. The three sold for a total of $150,000, according to the registry.

Sex.xxx sells for $3m as PussyCash cites SEO value

Kevin Murphy, May 29, 2014, Domain Sales

ICM Registry has sold a package of 40 premium .xxx domain names with a total value of $5 million to Barron Innovations, operator of the PussyCash porn affiliate network.
The headline sale in the batch is sex.xxx, which carried a standalone $3 million price tag.
That’s the first .xxx name to sell for a seven-figure sum. The previous record for a single name was $500,000 for gay.xxx.
It’s also the highest-priced non-.com domain name ever sold, according to publicly available sale prices.
It beats shopping.de, which went for the euro equivalent of $2.85 million in 2008, making sex.xxx the 10th most-expensive domain we know about.
Sex.com is of course the highest priced domain ever sold, going for $13 million in 2010.
According to ICM, Barron bought cam.xxx, phone.xxx and black.xxx for undisclosed six-figure prices. The deal also included web.xxx, market.xxx, mate.xxx and education.xxx, the company said.
Barron is evidently affiliated with webcam-oriented porn sites ImLive.com and Webcamwiz.com, as well as the related lead-generation program PussyCash.com.
PussyCash was subject to this glowing review (NSFW) in the adult industry press recently and is apparently a bit of a big deal in that world.
ICM tells me Barron had been studying the search engine optimization performance of .xxx for some time before signing the deal. Shay Efron, spokesperson for the buyer, said in a press release:

We have studied the undeniably superior performance of .XXX domains in terms of SEO and conversion rates and decided to make a huge splash by acquiring the very best keyword generic names available. We evaluated SEX.xxx, the flagship domain, and decided it has the potential to became the leading brand in the entire adult industry, so it was an obvious part of a very large deal.

The company intends to develop the names, according to a press release.
This is pretty good news for ICM (because of the cash) but it’s also promising for new gTLDs as a whole.
I’m not privy to Barron’s research, but if it’s confident enough in the SEO benefits of .xxx to spend $3 million on one name, that might be a signal that other niche gTLDs could see the same benefits in future.
It might not happen overnight — ICM launched .xxx two and a half years ago — but premium names could appreciate in value, assuming new registries manage to get some actual users building sites.

What does Neelie Kroes know about multistakeholderism?

Kevin Murphy, October 15, 2013, Domain Policy

European Commission vice president Neelie Kroes wants “your ideas on how the Internet should be governed and what Europe’s role should be.”
In a survey launched last week, Kroes, who has special responsibility for the “digital agenda” in Europe, criticized ICANN’s “multi-stakeholder” process.
She solicited suggestions on how governments should be treated within ICANN, and asked “How can a move from unilateral to multilateral accountability be realised?”
Kroes said on her blog (link in original):

we also must have a clearer view of what we mean when we speak of “multi-stakeholder processes”. I worry that without a clear definition, everyone will claim that their decision processes are inclusive and transparent, when in practice they are not – as was shown recently, when the Governmental Advisory Committee of ICANN pressed on regardless – in spite of the EU’s legitimate concerns on new domain names.

Let’s parse this.
On the one hand, Kroes is stating that ICANN’s process is not “inclusive and transparent”.
On the other, she’s linking to her own demands for special privileges for the European Commission in the debate over whether wine producers need special protections in the new gTLDs .wine and .vin.
I reported on Kroes letter a month ago.
As the letter and the public record makes plain, the GAC had originally asked ICANN for more time in order to consider whether the .wine protections were warranted.
In the end, the GAC was unable to reach a consensus on the matter and advised ICANN accordingly.
With no GAC consensus, ICANN has no mandate to act.
But Kroes wants ICANN to delay the .wine and .vin applications anyway, based on little more than the European Commission’s unilateral demands.
Is her definition of a “multi-stakeholder” process one in which individual governments get to override the consensus of dozens of governments? It certainly looks that way.
And it wouldn’t be the first time Kroes has tried to usurp the multi-stakeholder process in order to get what she wants.
Back in June 2011, she called for ICANN to be reformed because she didn’t like the fact that ICANN did not accept all the GAC’s advice when it approved the new gTLD program.
A month earlier, she privately wrote to the US Department of Commerce — which controls the DNS root server — to ask that it refuse to delegate the recently approved .xxx gTLD.
That would have been an unprecedented and worrying move by Commerce, and naturally it declined.
But the fact that Kroes even asked makes me wonder how serious she is about “multistakeholderism”.
It’s a newish term, poorly defined, but reason dictates that it means you can’t always get what you want.
Kroes blog post is available here. More information about her call for comments can be found here.

.xxx sales spike 1,000% during discount

Kevin Murphy, September 5, 2013, Domain Registries

ICM Registry saw an over 1,000% spike in .xxx domain name registrations in May, during which it offered new registrations at a steep discount over its regular price.
The numbers were still relatively small. The registry saw 13,136 adds during the period, compared to 1,131 in April and 1,836 in May 2012, according to ICANN reports published today.
Average add-years rose sequentially from 1.34 to 1.88 (compared to a gTLD industry average of 1.23), according to TLD Health Check, with total add-years up over 1,500% to 24,663.
TLD Health Check
For the whole of May, ICM offered .xxx domains — which usually carry a registry fee of $62 — for the same price as .com domains. The promotion applied to any length of registration, from one to 10 years.
There were 747 10-year registrations in May. A small number, but exactly 100 more than ICM saw during its first month of general availability in December 2011. There were similar numbers of three and five-year sales, and over 1,100 two-year registrations.
The company ended the month with 120,409 domains under management.

Report names and shames most-abused TLDs

Kevin Murphy, July 11, 2013, Domain Services

Newish gTLDs .tel and .xxx are among the most secure top-level domains, while .cn and .pw are the most risky.
That’s according to new gTLD services provider Architelos, which today published a report analyzing the prevalence of abuse in each TLD.
Assigning an “abuse per million domains” score to each TLD, the company found .tel the safest with 0 and .cn the riskiest, with a score of 30,406.
Recently relaunched .pw, which has had serious problems with spammers, came in just behind .cn, with a score of 30,151.
Generally, the results seem to confirm that the more tightly controlled the registration process and the more expensive the domain, the less likely it is to see abuse.
Norway’s .no and ICM Registry’s .xxx scored 17 and 27, for example.
Surprisingly, the free ccTLD for Tokelau, .tk, which is now the second-largest TLD in the world, had only 224 abusive domains per million under management, according to the report..
Today’s report ranked TLDs with over 100,000 names under management. Over 90% of the abusive domains used to calculate the scores were related to spam, rather than anything more nefarious.
The data was compiled from Architelos’ NameSentry service, which aggregates abusive URLs from numerous third-party sources and tallies up the number of times each TLD appears.
The methodology is very similar to the one DI PRO uses in TLD Health Check, but Architelos uses more data sources. NameSentry is also designed to automate the remediation workflow for registries.

ICM price cut sees 10 times more .xxx sales

ICM Registry saw 13,348 newly added .xxx domain name registrations in May, a period during which it and its registrars were offering the names at .com prices.
That’s more than 10 times the volume it shifted in January, the last month for which official numbers are available.
ICM dropped the registry fee for .xxx from $62 to $7.85 for the whole month, ostensibly (though not actually, I suspect) as part of its antitrust settlement with PornTube owner Manwin Licensing.
Registrants could register names for periods of up to 10 years at the promotional pricing, and registrants appear to have taken advantage.
The number of add-years for May was 25,733, according to ICM, an average of 1.9 years per name. That’s compared to its January rate of 1.37, when the .com average, for comparison, was 1.24.
About a quarter of the newly added names had been previously registered at full price and later allowed to drop.
The .xxx namespace now holds over 122,000 domains, still off its December 2012 peak of 142,000, according to the company.

Porn.com owner buys porn.xxx

Kevin Murphy, May 22, 2013, Domain Sales

PimpRoll, a pornography publisher and owner of porn.com, has bought the domain name porn.xxx from registry manager ICM Registry, it has just been announced.
The domain is already live. The site appears to be distinct from porn.com, but PimpRoll said it plans to build another “tube” site there.
The price of the domain was not disclosed, but PimpRoll is known to have paid $9.5 million for its .com address.
I’d guess we’re talking about low six figures for the .xxx, which was reserved by ICM as a “premium” name.
ICM said in a press release that the buyer will also automatically qualify for porn.sex, porn.porn and porn.adult under ICM’s Grandfathering Program, should it be awarded those gTLDs by ICANN.

Three gTLDs that Google doesn’t treat as gTLDs

Google this week reportedly updated its Webmaster Tools service to treat more ccTLDs as non-geography-specific, but it still seems to be overlooking two gTLDs altogether.
According to its refreshed FAQ, only 19 gTLDs are treated as “gTLDs that can be geotargeted in Webmaster Tools”.
The list does not include .post, which has been in the DNS since August 2012 and available to buy since October, or .xxx, which was delegated and went to general availability in 2011.
While the .arpa gTLD also does not appear (for perfectly sane reasons), the list does include tightly controlled and restricted gTLDs such as .int and .mil, however.
Google treats .asia the same as the ccTLD .eu: a “regional top-level domain” that can be geo-targeted in the same way as a regular gTLD.
The rules appear to apply to the geo-targeting function in Webmaster Tools, which allows webmasters to specify whether their site is designed for only a certain nation or region.
Assuming the list, which was updated this week, is accurate, it’s just the latest example of Google dragging its feet on gTLD acceptance.
One would assume, with Google being an applicant for almost 100 new gTLDs, that before long its gTLD team will be able to affect change elsewhere in the company in a more timely fashion.

ICM sees 20-fold increase in registrations after sharp price drop

ICM Registry says its rate of domain registrations increased 20-fold during the first day .xxx has been on sale at .com prices.
The company took 1,000 registrations at the new $7.85-a-year registry fee since it revealed the price drop yesterday.
While that’s not an earth-shattering number, .xxx’s average daily take is 40 to 50 names, according to ICM CEO Stuart Lawley. The company had roughly 110,000 names under management before the offer started.
Some registrars have only started pushing the names today, he said. Retail prices are roughly the same as those for .com, with Go Daddy, for example, currently selling .xxx for $14.95 a year.
The reduced fee only applies for the month of May, but registrants can lock in prices for up to 10 years.
According to Lawley, domains registered in the last 24 hours were almost exclusively either for one year or 10 years, with an average of 2.3 years.
Almost half (48%) of the new names had been previously registered but allowed to expire over the last few months, he said.
Examples include valentine.xxx, students.xxx, hdmovies.xxx and plenty of others with somewhat more NSFW keywords. ICM actually maintains its own list of dropped porn-related keyword domains here.
One customer yesterday registered .xxx for the new retail price that would have cost him $88,000 on the secondary market for the equivalent .com, Lawley said.