Nexus

According to the Applicant Guidebook (“AGB”), to receive the maximum score for Nexus, the applied-for string — “music” — must match the name of the community or be a well-known short-form or abbreviation of the community name.

The Nexus of the “Music Community” entirely matches the applied-for “music” string because it represents the entire global Music Community as commonly-known and perceived by the general public. This definition allows for all constituents with a requisite awareness of the Community defined to register a .MUSIC domain without any conflicts of interests, over-reaching or discrimination. The definition of the Community requires that members have an active, non-tangential relationship with the applied-for string and the requisite awareness of the music community they identify with as part of the registration process. It is clear that the general public will directly associate and equate the string with the Community as defined by DotMusic. There is no possibility of overreaching beyond the definition or allowing unrelated non-music entities to be included as part of the Community (See Community Establishment).

Community members may register a .MUSIC by either:

1) Identifying that they belong to a Music Community Member Organization (“MCMO”); or

2) Identifying the community they belong to, which is consistent with the definition of the Community: “the strictly delineated and organized logical alliance of communities of similar nature related to music.”

All Community members are aware of and recognize their inclusion in the defined Community by identifying which clearly defined community they belong to and have an active participation in. The nexus of the applied-for string ensures inclusion of the entire global community that the string represents while excluding unrelated-entities not associated with the string. This way there is a clear match and alignment between the “music” sting and the Community defined.

While the exact size of the global Music Community as defined is unknown (there is no empirical evidence providing an exact, finite number because amateur entities are also included in the Community’s definition), it is in the considerable millions as explicitly stated in the DotMusic Application. DotMusic’s definition of the Community and mutually-inclusive Registration Policies ensure that eligible members are only music-related and associated with the string. This is because the string identifies all constituents involved in music. Music-only participation optimizes the relevancy of .MUSIC domains to the string and entirely matches the nexus between the string and Community defined. According to DotMusic, the Community definition, eligibility criteria and content and use requirements ensure that peripheral industries and entities not related to music are excluded so that the string and the defined Community matches and aligns in a consistent manner consistent with DotMusic’s community-based purpose i.e. only entities with music-related activities are able to register .MUSIC domains.

Membership aligns with the nexus of the Community and the string, which is explicitly relevant to music. The string as defined in the application demonstrates uniqueness because it has no other significant meaning beyond identifying the community described in the application. According to DotMusic’s application, any tangential or implicit association with the nexus of the Community and the string is not regarded as a delineated membership since it would be considered unclear, dispersed or unbound. Such unclear, dispersed or unbound tangential relationships with the defined “music” Community and applied-for “music” string would not constitute a qualifying Community membership and would be ineligible for registration.

The inclusion of every music constituent type is paramount to the purpose of the string. Every type of music constituent critically contributes to the function and operation of the music sector within a regulated framework given the symbiotic overlapping nature of the Community as defined and structured. Music would not function as it does today without the participation of all music constituent types which cumulatively match the string with the Community definition.

In conclusion, there is substantive factual evidence that DotMusic entirely fulfills the criteria for Nexus.

 

FAQ

Is the string the name of an organization related to the Community as defined by Application?

Yes. The string is also the name of our organization which will be administrating the string with support of a strictly delineated and organized logical alliance of communities of relevance related to music and the string. Our organization also has international trademarks in .MUSIC used to promote our Mission Statement and Purpose to offer the string to formal members of the global, strictly delineated and organized logical alliance of communities related to music as defined in Application.

Does the string match the name of the community or does it over-reach substantially indicating a wider geographical or thematic remit than the defined Community has?

According to the CPE Guidelines:

“Match” is of a higher standard than “Identify” and means “corresponds to” or “is equal to.”

(AGB CPE Final Guidelines, P.7)

The name of the Community is the established name by which the Community is commonly known by others. It does not over-reach beyond the Community as defined since it is the identification/name of the Community commonly-known by others. The Community defined in the Application (i.e. a strictly delineated, organized and logical alliance of communities of similar nature relating to music) comprises of formal global members corresponding to an overwhelming majority all music produced, distributed, promoted and consumed. Such activity and geographic breadth is implied by the string and corresponds to the Community as described in Application.

The name of Community defined matches the name of string since it parallels global music constituents — with a clear and natural association with the “music” Community and “music” string — corresponding to an overwhelming majority of all music produced, distributed, promoted and consumed. As such, the applied-for string (“music”) does not overreach substantially since it does not identify a wider geographical or related thematic remit than the Community defined and substantially represented in the Application consistent with the Application’s Mission Statement, community responses and website:

“The Music Community’s geographic breadth is inclusive of all recognized territories covering regions associated with ISO-3166 codes and 193 United Nations countries”  

(Application, Question 20a)

 “ACCOUNTABILITY MECHANISMS

DotMusic will be accountable to the Community by serving them without conflicts of interest and:

• Creating and managing a trusted safe online haven for music consumption
• Establishing a safe home on the Internet for Community members to differentiate themselves regardless of locale, segment or size
• Enforcing registration policies that enhance and preserve the integrity of the Community
• Following a neutral multi-stakeholder governance of fair representation of all global music constituents
• Soliciting Community advice through the Advisory Committee

The rotating, global Advisory Committee will represent all Community stakeholder groups per the NAICS codes list, such as musicians, songwriters, composers, industry professionals, collection agencies, associations, unions, businesses, education, arts councils⁄export offices⁄government agencies, managers, promoters and agents. The Committee will operate under Bylaws central to the .MUSIC Mission, Core Values, and commitment to serve the Community and public interest”

(Application, Question 20b)

“The .MUSIC mission⁄purpose is:

• Creating a trusted, safe online haven for music consumption
• Establishing a safe home on the Internet for Music Community members regardless of locale or size
• Protecting intellectual property and fighting piracy
• Supporting musiciansʹ welfare, rights & fair compensation
• Promoting music and the arts, cultural diversity and music education
• Following a multi-stakeholder approach of fair representation of all types of global music constituents, including a rotating regional advisory board working in the best interests of the Music Community 

The Music Community encompasses global reaching commercial and non-commercial stakeholders, and amateur stakeholders.”

(Application, Question 20c)

According to the Application:

“The .MUSIC string relates to the Community by:

• Completely representing the entire Community. It relates to all music-related constituents using an all-inclusive, multi-stakeholder model
• Directly communicating that the content is music- related and representing the Community in a positive and beneficial manner consistent with the .MUSIC Purpose and Use policy
• Incorporating enhanced policies and safeguards matching Community needs
• Branding music-related constituents⁄entities on the Internet through a unique music-identifying suffix
• Serving the Community by implementing supporting services that are built and recommended by Community stakeholders and brought to .MUSIC through its multi-stakeholder Advisory Committee
• Creating a source of creativity, cultural identity, recreation and employment through a music-themed TLD

The .MUSIC affiliation with the Music Community, including interconnected functional activities, relate to the same groups identified by the Cultural Ministers’ Council’s “Statistical Framework for the Music Sector” scoping study (H. Hoegh-Guldberg and R. Letts, Statistical Framework for the Music Sector, 2005 http://www.culturaldata.gov.au/sites/www.culturaldata.gov.au/files/A_Statistical_Framework_for_the_Music_Sector.pdf ):

• Musicians including composers & songwriters
• The recording industry including record companies, producers, manufacturers, distributors of physical⁄digital products, studios and self-produced recordings
• Audiences at all public performances and venue operators

The Community is not subject to merely commercial / financial variables. The music Community is driven primarily by technology and the socio-cultural environment that influence music-related media cultures and consumer behavior, including the Community itself. The socio-cultural environment drives the TLD, including the cultural diversity that provides space within the Community for many genres / participants, general socioeconomic and demographic factors and their impact on diverse local environments, and the support that the Community gives to new creators / performers. The string and Community share a particular cultural ambience: a sensitivity and preference for certain cultural expressions. The ambience is diverse and influential: music preferences of different sections of the society vary, ranging from metal to classical; Socio-economic distributions and demographic patterns, such as age.

.MUSIC will take these factors that relate to cultural-identity into consideration and add value to the Community through the Premium Channels sorted to address NAICS classifications, genre (e.g www.Reggae.music), style, mood, language and other culturally-significant music attributes to catalyze innovation, music identification and to bolster:

The cultural relationship between .MUSIC and the Community is based on the creation of a mutually beneficial ecosystem that is driven by value generation and supports value chains that make a difference that truly matters to:

• Creators, performers, bands, ensembles & orchestras
• Live performances
• Recording
• Airplay
• Distribution
• Others (e.g film, video, advertising)

.MUSIC relates to the Community by representing all constituents involved in music creation, production and distribution, including government culture agencies and arts councils and other complementor organizations involved in support activities that are aligned with the .MUSIC mission.

.MUSIC strategic activities that relate to the Community focus on:

• Creativity, skill and talent
• Wealth and job creation through the generation, protection and exploitation of intellectual property
• Creating music-related intangible inputs that add economic and social value
• Connecting music-related content in a meaningful and organized manner that will benefit both the Community and Internet users.

These strategic activities are consistent with the creative industries strategy that was defined, refined and introduced by the Blair U.K government through the Creative Industries Task Force started in 1997 (U.K Department for Culture, Media & Sport (DCMS 2001), Creative Industries Mapping Study – www.culture.gov.uk/global/publications/archive_2001/ci_mapping_doc_2001.htm).

Michael Chanan (Short History of Recording and its Effects on Music, 1995) and Peter Martland (Business History of the Gramophone Company Ltd (1887-1918), 1992) identify factors shared by the Community:

• Music offers the opportunity of enhancing Community earnings
• Music can spread the fame of members of the Community widely, as far afield as the Community’s distribution systems permit
• Fame can be further exploited using global transport systems for touring
• .Music, by virtue of its permanence, can create a form of immortality for Community members, which prior to the invention of sound technology had been denied to them

The Community and the .MUSIC string share a core value system of artistic expression with diverse, niche subcultures and socio-economic interactions between music creators, their value chain, distribution channel, and ultimately engaging fans as well as other music constituents subscribing to common ideals.

The Community genre dynamics are akin to those found in other culturally-driven Communities identifying cultural identity such as those relating to nationality, language, ethnicity, sexual orientation, religion. Just like languages such as English, music theory follows an organized set of rules relating to composition and performance.”

(Application, Question 20d)

Does the string have any other significant meaning (to the public in general) beyond identifying the community described in the application?

According to the CPE Guidelines:

“Significant meaning” relates to the public in general, with consideration of the Community language context added

(AGB, Final CPE Guidelines, P.9)

“Uniqueness” is only about the meaning of the string

(AGB, Final CPE Guidelines, P.10)

The string does not have any other significant meaning beyond identifying the Community described in the application. The general public will immediately think of the Community described in the Application when thinking of the string and will not associate it with any other communities, entities, or acronyms with the same name as the Community described in the Application. As such, the string has no other significant meaning in the common English language beyond identifying the Community as described in the Application.

The size and delineation of the Community described in the Application is consistent with the string, including the geographic reach and activity implied by the string.

Uniqueness

Does the string have any other significant meaning (to the public in general) beyond identifying the community described in the application?

According to the CPE Guidelines:

“Significant meaning” relates to the public in general, with consideration of the Community language context added

(AGB, Final CPE Guidelines, P.9)

“Uniqueness” is only about the meaning of the string

(AGB, Final CPE Guidelines, P.10)

The string does not have any other significant meaning beyond identifying the Community described in the application. The general public will immediately think of the Community described in the Application when thinking of the string and will not associate it with any other communities, entities, or acronyms with the same name as the Community described in the Application. As such, the string has no other significant meaning in the common English language beyond identifying the Community as described in the Application.

The size and delineation of the Community described in the Application is consistent with the string, including the geographic reach and activity implied by the string.