Appeals

To ensure continued accountability to Community and its Enforcement Policies (including enforcement for DotMusic’s Enhanced Safeguards) there are Remedies and Appeal Mechanism Processes available to a complainant for a proceeding under the MPCIDRP. These proceedings may be independently administered by the National Arbitration Forum (NAF).

Visit the NAF website for the specific NAF DotMusic MPCIDRP Process and Specifications.

These appeals proceedings include:

1)  Ineligibility at Registration:

If the Panel finds that the domain name was ineligible for registration under MPCIDRP 2(a) and MPCIDRP 2(c)(i), the sole remedy shall be cancellation of the registration and return of the cancelled domain name to the pool of available names available for registration in the TLD. If the Complainant independently qualifies to register the domain name, such application may be made via the standard registration process.

2) Improper Maintenance of Eligibility:

The remedies for a Complaint filed under MPCIDRP 2(b) and MPCIDRP 2(c) (ii) are either:

i. The Panel may allow the Respondent up to 14 days to bring the registration into compliance and submit proof of compliance and ongoing eligibility; and/or

ii. The Panel may order cancellation of the registration and return of the cancelled domain name to the pool of available names available for registration in the TLD. If the Complainant independently qualifies to register the domain name, such application may be made via the standard Registration process.

3) Appeal Processes:

The Appeals available to a complainant for a proceeding under this MPCIDRP include:

1. an Appeal for Re-Instatement process filed with the Registry by a Registrant in which a registrant in violation must demonstrate they are in compliance with the Registration Rules; (See Application, Question 18b: “If a registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated.”). This Registry determination decision can be appealed through an Appeal for Re-Instatement Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider if the Registry failed to follow Registration Policy procedures;
2. a DRP Procedural Re-Consideration Appeals Request process filed with the Registry against a determination if the Dispute Resolution Provider (DRP) failed to follow dispute resolution guidelines and rules;
3. a GPML Appeal for Re-Instatement process filed with the Registry by a Registrant for a name relating to the Globally Protected Marks List (“GPML”). This Registry determination decision can be appealed through an “GPML Appeal for Re-Instatement” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider if the Registry failed to follow Registration Policy procedures;
4. a Music Community Member Organization (MCMO) Eligibility Appeal process filed with the Registry by an organization which was denied qualification as a MCMO by the Registry. This Registry determination decision can be appealed through an “Music Community Member Organization (MCMO) Eligibility Appeal” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider if the Registry failed to follow MCMO Eligibility procedures;
5. a Geographic Public Interest Appeal process filed with the Registry by governments/public authorities/IGOs to challenge abuses of names with national or geographic significance (See Application, Question 20e: “DotMusic will ensure appropriate procedures to allow governments, public authorities or IGO’s to challenge abuses of names with national or geographic significance at the second level”). This Registry determination decision can be appealed through a “Geographic Public Interest Appeal” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider if the Registry failed to follow Registration Policy procedures;
6. a PAB Appeal process initiated by a majority of the Policy Advisory Board (PAB) for cases that substantially and negatively affect the objectives of the .MUSIC Registry filed with the Registry. The Registry can take action against a Registrant based on a unanimous decision by the PAB if registrant is determined to be in violation of the Registry’s policies. This PAB determination decision can be appealed through a “PAB Appeal” Re-Consideration Request process filed by a Registrant appealing a PAB Appeals determination; and
7. A Civil Court Action filed in civil court under the appropriate national law of jurisdiction. Any legal decision by such a court supersedes any MPCIDRP Appeal or UDRP decision. No further action will be taken until the Registry receives (1) satisfactory evidence of a resolution or settlement between the parties; (2) satisfactory evidence that the lawsuit has been dismissed or withdrawn; or (3) a copy of an order from such court dismissing the lawsuit or stating that the domain name holder does not have the right to continue to use the domain name. ICANN-accredited domain name registrars, which have agreed to abide by UDRP and MPCIDRP decisions, must implement a decision after a period of ten days, unless the decision is appealed in court in that time. The panel decisions are mandatory in the sense that accredited registrars are bound to take the necessary steps to enforce a decision, such as transferring the name concerned. However, under the UDRP and MPCIDRP, either party retains the option to take the dispute to a court of competent jurisdiction for independent resolution.

Appeals processes which can be filed with the National Arbitration Forum dispute resolution provider include:

1. an “Appeal for Re-Instatement” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider by a Registrant if the Registry failed to follow Registration Policy procedures;
2. a “GPML Appeal for Re-Instatement” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider by a Registrant for a name relating to the Globally Protected Marks List (“GPML”);
3. a “Geographic Public Interest Appeal” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider by governments/public authorities/IGOs to challenge abuses of names with national or geographic significance (See Application, Question 20e: “DotMusic will ensure appropriate procedures to allow governments, public authorities or IGO’s to challenge abuses of names with national or geographic significance at the second level”;
4. a “PAB Appeal” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider by a Registrant appealing a PAB Appeals determination;
5. a Copyright Infringement Appeal process filed with the National Arbitration Forum dispute resolution provider by a Registrant relating to a copyright infringement takedown against a 3^rd-party; and
6. a “Music Community Member Organization (MCMO) Eligibility Appeal” Reconsideration Request process filed with the National Arbitration Forum dispute resolution provider by an organization which was denied qualification as a MCMO by the Registry.

While the Enforcement policies state the basic rules governing the .music Enforcement Policy, the finalized fully detailed specifics of the Enforcement policy (include the names of the Dispute Resolution Providers for disputes and appeals) will be announced prior to the launch of .MUSIC:

“The details of the MPCIDRP will be published prior to the launch of .MUSIC. Details of the process, proceedings, and supplemental rules a complainant must follow will be developed in coordination with respective dispute resolution providers and it will also be published prior to launch of .MUSIC.”

(Application, Question 28)

Registration policies are bound by the .MUSIC Policy and Copyright Infringement Dispute Resolution Process (“MPCIDRP”). The .MUSIC Registry’s MPCIDRP measures outline the conditions that need to be met when registering, including eligibility criteria, validation or verification, name selection rules, content and use restrictions and enforcement measures as well as condition that need to be met by Music Community Member Organizations (MCMOs) to qualify as a .MUSIC-Accredited music organization with Music Community members with a clear and straightforward membership. Any music organization with a tangential relationship with Music Community members does not fulfill the requirements to qualify as a .MUSIC-Accredited MCMO since the music organization would not have the requisite awareness and recognition from Music Community members. The .music Eligibility Requirements and Policies provide that an entity is ineligible as a Music Community Member because the unqualified entity would create a misalignment between the Music Community definition and the .MUSIC string. In short, entities with merely a tangential relationship with the string .music do not qualify as an eligible registrant.

Entities with merely a tangential relationship with the string .music are defined as entities who do not invoke a formal membership with the definition of the Community:

The strictly delineated and organized community of individuals, organizations and business, a logical alliance of communities [“MCMOs”] of similar nature that relate to music.

(Application, Definition of Community)

As per the Eligibility requirements and Policies, such an entity does not qualify as a Music Community member since there is misalignment between the Music Community (as defined by the Registry in its delineation description) and the .music string.

The MPCIDRP addresses disputes in relation to policies and mitigation measures. These measures include those pertaining to non-compliance with .MUSIC policies, such as rules with reference to domain name registrations (eligibility and name selection restrictions), rules on content and use (such as abuse and copyright infringement rules) and appropriate dispute resolution appeals mechanisms.

Registrants who do not prevail in a MPCIDRP Dispute Resolution will have a one-time opportunity to file a Re-consideration Request Appeal around the Policy decision. The Re-consideration appeal will be conducted by the Dispute Resolution Provider (DRP) and the Registry and must include a stated reason for request of re-consideration.

Any Registrant taken down or suspended for a Registry-related violation will also have the option to submit an Appeal for Re-Instatement if they remedy the non-compliance issue to comply with the .MUSIC policies.

DotMusic reserves the right to terminate a domain for failure by the registrant to demonstrate it meets established rules and requirements under .MUSIC Policies through this Appeals process.

When a domain name is terminated it is placed on hold under the Redemption Grace Period. During this period, a domain name is placed in the Pending Delete Restorable status. The domain name can remain in this state for up to 30 days and will not be included in the zone file.

The Appeal Process is a method that the original registrant can use at this stage to re-activate the domain name before it is released into the pool of available domains. During this period any requests to modify or otherwise update the domain will be rejected. If the registrant is successful in their Appeal the domain will be restored and it is moved into Pending Restore status and then OK status. If after 30 days there is no Appeal filed by the registrant then the domain is moved into Pending Delete Scheduled For Release status before the domain is released back into the pool of available domains. During the Pending Delete stage, a domain name is placed in Pending Delete Scheduled For Release status for 5 days, and all Internet services associated with the domain will remain disabled without any possibility of the domain to be restored. After 5 days the domain is released back into the pool of available domains.