Support for .MUSIC Community-based Application1 with Enhanced Safeguards
Dr. Steve Crocker, Chairman of the ICANN Board; Fadi Chehadé, ICANN President & CEO; Akram Attallah, ICANN President of Generic Domains Division; Christine Willett, ICANN Vice-President of gTLD Operations; Cherine Chalaby, ICANN Chair of the New gTLD Committee; Thomas Schneider, ICANN Chair of Government Advisory Committee; Cyrus Namazi, ICANN Vice-President of DNS Engagement; John Jeffrey, ICANN General Counsel; and Community Priority Evaluation Panel, Economist Intelligence Unit
Re: Support for .MUSIC Community-based Application1 with Enhanced Safeguards
Dear ICANN and Economist Intelligence Unit (“EIU”):
Please accept this Letter of Support which supports the responsible, trusted and safe operation of the .MUSIC top-level domain under a community-based, multi-stakeholder governance model with Enhanced Safeguards tailored to serve the legitimate interests of the entire global Music Community.
Respecting and protecting music rights serves both the global music community and the public interest. This Letter supports the position of the International Federation of the Phonographic Industry, 2 which endorses DotMusic because it has “publicly committed to, and will be bound to, implement meaningful and robust safeguards to protect against online infringement.” 3 Our organization also supports the positions expressed in the letter4 sent to ICANN (on March 5th, 2015) by Victoria Sheckler from the RIAA and on behalf of a global music community coalition representing “over 80% of the world’s music,” and the letter5 sent to ICANN (on March 7th, 2015) by Rich Bengloff from the A2IM and on behalf of a majority of a global music community coalition representing a majority of the independent music community, to support the [DotMusic] “community” application for .MUSIC and that “we expect…the community application process…to have meaning and for the community preference criteria (CPE)…to be interpreted thoughtfully, diligently, and in a responsible manner in light of the public interest and with consumer safety in mind ” and for ICANN “to expeditiously implement appropriate changes to address [concerns].” We also support the positions in the letter6 sent to ICANN (on April 14th, 2015) by Danielle Aguirre from
1 https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1392, DotMusic Limited Application ID 1-1115-14110
2 The IFPI represents the recording industry worldwide and is an entity mainly dedicated to the global Music Community, http://www.ifpi.org/about.php
4 https://www.icann.org/en/system/files/correspondence/riaa-to-icann-05mar15-en.pdf 5 https://www.icann.org/en/system/files/correspondence/bengloff-to-crocker-et-al-07mar15-en.pdf
the NMPA and on behalf of a music publisher and songwriter community coalition representing a majority of the global music publishing community, which expressed their “support [for] the [DotMusic] .MUSIC community application because respecting and protecting music rights serves the global music community and the public interest.”
Please accept this Letter of Support for DotMusic Limited’s .MUSIC community-based application because DotMusic:
1. is the only .MUSIC applicant that follows unified principles, ideals and mission that the entire Community subscribes to, such as: creating a trusted identifier and safe haven for music consumption, protecting musicians’ rights and intellectual property, fighting copyright infringement/piracy, supporting fair compensation and music education, and following a multi-stakeholder approach of representation of all types of global music constituents without discrimination; 7
2. developed its Mission and Registration Policies using a consensus-driven, bottom-up methodology via feedback and universal principles collected in its ongoing, extensive public global communication outreach campaign launched in 2008. 8 This outreach gave the Community all-encompassing, open opportunities to engage with DotMusic to address any concerns (e.g. via events, meetings, social media, ICANN’s 2012 public comment period or other correspondence). DotMusic has participated in hundreds of international music/domain events and still continues to engage Community members; 3. is supported by an “(industry) community” with members that have the requisite awareness and recognition of the community defined. The cohesive global music community defined constitutes a clear “(industry) community” supported by relevant organizations with members representing over 95% of music consumed globally (i.e. a majority), including many entities mainly dedicated to the Community, such as the IFPI, FIM, ICMP, IFACCA, IAMIC, ISME, A2IM, WIN, NAMM and others. 9 As such, DotMusic’s community application should overwhelmingly exceed the minimum “(industry) community” threshold for the applied for string given the EIU’s consistent rationale with respect to the prevailing “(industry) community” CPE determinations for .HOTEL, .RADIO and .SPA. Music community members participate in a shared system of creation, distribution and promotion of music with common norms and communal behavior i.e. commonly-known and established norms in regards to how music entities perform, record, distribute, share and consume music, including a shared legal framework
7https://gtldresult.icann.org/applicationresult/applicationstatus/applicationdetails:downloadapplication/1392?t:ac=1392, 18a and 20c
8 http://music.us/events 9 http://music.us/supporters and https://gtldresult.icann.org/applicationresult/applicationstatus/applicationdetails:downloadattachment/142588?t:ac=1392
in a regulated sector governed by common copyright law under the Berne Convention, which was established and agreed upon by over 167 international governments 10 with shared rules and communal regulations; 11
4. is the only .MUSIC applicant without a formal Community Objection or any relevant, substantiated opposition filed against it. 12 It is in the public interest that the Panel protects the legitimate interests of the global Music Community by invalidating last-minute spurious letters of opposition and clearly understands the objectives of such letters intended to unfairly disqualify this worthy, meaningful and well-intentioned communitybased application supported by the majority of the Community;13
5. commits to align its music-tailored Registration Policies with its articulated communitybased purpose to serve the legitimate interests of the Community. DotMusic has more music-tailored policies than all other .MUSIC applicants combined; 14
6. commits to “use clear, organized, consistent and interrelated criteria to demonstrate Community Establishment…aligned with [its] community-based Purpose” and uphold its established Community definition of a “strictly delineated and organized community of individuals, organizations and business, a logical alliance of communities of similar nature that relate to music” that “encompasses global reaching commercial and noncommercial stakeholders, and amateur stakeholders;” 15
7. Music is recognized by recent ICANN Resolutions and GAC Advice as a regulated, sensitive sector, 16 comprised of a logical alliance of interdependent communities relating to music with organized practices and institutions that enable and regulate the production, distribution and consumption of music. As such, the cohesive “(industry) community” defined is clearly globally-recognized, delineated and organized because it operates in a regulated sector which uses numerous globally-recognized standards and classification
10 http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15 11 The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886 – See http://www.wipo.int/treaties/en/text.jsp?file_id=283698
F1312 DotMusic has followed a consensus-driven, bottom-up methodology to build its Policies and Mission via feedback and universal principles collected in its ongoing, extensive public global communication outreach campaign launched in 2008. Also, the public comment window has been open since 13 June 2012 for over 3 years. As such, last-minute opposition letters should be viewed as filed for the purpose of obstruction because any relevant organization had years and countless outreach opportunities to publicly voice legitimate concerns to DotMusic. Also any opposition from a negligible entity that is not relevant to the string is considered irrelevant.
13 See http://newgtlds.icann.org/en/applicants/cpe/faqs-13aug14-en.pdf, Pg. 6
15 https://gtldresult.icann.org/applicationresult/applicationstatus/applicationdetails:downloadapplication/1392?t:ac=1392, 20a 16 https://www.icann.org/en/system/files/bm/briefing-materials-2-05feb14-en.pdf, Pg.3
systems, which identify who the individual songwriters, publishers and rights holders are and which songs they are associated with so that Community members are appropriately compensated, regardless whether the constituent is a commercial, non-commercial or amateur entity. The “MUSIC” string is commonly used in classification systems such as ISMN,17 ISRC,18 ISWC,19 ISNI20). As such, the string is aligned with DotMusic’s Community definition (“a strictly delineated and organized community of individuals, organizations and business, a logical alliance of communities of similar nature that relate to music”), which is also consistent with Expert opinion. 21 Furthermore, its Nexus matches the string because it represents the Community, allowing all constituents to register a .MUSIC domain without conflict of interests, over-reaching or discrimination. DotMusic’s application clarifies that it does not unfairly prevent access to domain names to those with legitimate musical interests that have the requisite awareness of the community addressed;
8. has independent testimonies and disclosures from 43 experts, including 33 Ph.Ds, providing compelling evidence and “conclusions that are compelling and defensible” 22 that prove beyond reasonable doubt, that DotMusic’s community-based application for .MUSIC exceeds the CPE criteria and thus should prevail, agreeing that the defined community is accurate and matches the applied-for string;23
9. has provided an independent poll, conducted by independent polling organization Nielsen/Harris Poll, to address whether the string and DotMusic’s defined community fulfill the “Nexus” criterion that requires that the string is commonly-known (i.e. known
17 The International Standard Music Number (ISMN) is a unique number for the identification of all notated music publications from all over the world. The ISMN is an ISO certified global standard number (ISO 10957:2009). See http://www.ismn-international.org/whatis.html and http://www.iso.org/iso/home/store/catalogue_ics/catalogue_detail_ics.htm?csnumber=43173
18 The ISRC (International Standard Recording Code) is the international identification system for sound recordings and music video recordings. The ISRC is an ISO certified global standard number (ISO 3901:2001) and is managed by the IFPI. See http://isrc.ifpi.org, https://www.usisrc.org/about/index.html and http://www.iso.org/iso/catalogue_detail?csnumber=23401
19 The ISWC (International Standard Musical Work Code) is a unique, permanent and internationally recognized reference number for the identification of musical works. The ISWC has been approved by ISO (International Organization for Standardisation) as a global standard (ISO 15707:2001) and is managed by CISAC. See http://www.iswc.org/en/faq.html and http://www.iso.org/iso/catalogue_detail?csnumber=28780
20 The International Standard Name Identifier (ISNI) is the ISO certified global standard number (ISO 27729) for identifying the millions of contributors to creative works and those active in their distribution. ISNI holds public records of over 8 million identities and 490,000 organizations. See http://www.isni.org/ and http://www.iso.org/iso/catalogue_detail?csnumber=44292
21 http://music.us/expert/letters 22 CPE Guidelines, Pg.
22, and CPE Panel Process Document, http://newgtlds.icann.org/en/applicants/cpe/panelprocess-07aug14-en.pdf, Pg.3
by most people24) and associated with the identification of the community defined. Most people, 1562 out of 2084 (i.e. 75% of the respondents) responded “Yes.” 25 In conclusion, a majority of the general public agreed that DotMusic’s associated definition of the community addressed (i.e. “a logical alliance of communities of individuals, organizations and business that relate to music” 26) matches with the string;
10. is governed by the multi-stakeholder global Music Community with a diverse Policy Advisory Board encompassing commercial, non-commercial and amateur music-related constituent types; 27
11. has enhanced safeguards to increase trust, protect copyright and prevent cybersquatting. These include: restricting eligibility to Community members with the requisite awareness of the Community defined without discrimination; only allowing legal music content and usage; no parking pages; stopping domain hopping; anti-piracy takedown policies; authorization provisions; permanent blocks; privacy/proxy provisions; true name/address mandates; trusted sender complaints; registrant validation via a mandatory two-step phone and email authentication process; a priority-based launch phase28 for Community members belonging to Music Community Member Organizations (MCMOs); naming conditions only allowing registrants to register their name, acronym or Doing Business As; and, a Globally Protected Marks List (GPML) to protect famous music brands;29
12. commits to implement both proactive and reactive enforcement measures, such as proactive zone screening, Community crowdsourced enforcement and random compliance checks, with appropriate appeals mechanisms to fix compliance issues under
25 Nielsen / Harris Poll, Quick Query Q3505, http://music.us/nielsen-harris-poll.pdf Fielding Period: August 7-11, 2015, Pg. 1,2,3
26 https://gtldresult.icann.org/applicationresult/applicationstatus/applicationdetails:downloadapplication/1392?t:ac=1392, 20a
28 Registrants must comply with naming conditions only allowing them to legitimately register their own name while preventing illegitimate or bad faith registrations. This phase provides better protection against abuse or impersonation, offers established community members a cost-effective alternative to the Sunrise phase (or an Early Access Program – http://domainnamewire.com/2013/11/14/some-new-tlds-will-run-early-access-programs-for-thelandrush-phase), and helps spur Industry adoption. This process provides increased relevancy for .MUSIC names while preventing cybersquatting of famous music brand names that could also create user confusion. Given DotMusic’s naming policies, Community members that do not have famous music names may register their names in the subsequent phase without the fear of famous artists registering their names. Furthermore, to ensure fair allocation and competition, Community members that do not belong to MCMOs can currently join many MCMOs for free if they want to secure their names during the MCMO phase. As such, social benefits will significantly exceed social costs.
29 DotMusic’s GPML is a significantly more cost-effective alternative for famous music brands than submitting to the Trade Mark Clearing House. The GPML is also more cost-effective than other initiatives by competitors such as the Donuts’ DPML, which charges nearly $3,000 every 5 years (http://www.worldipreview.com/article/a-sweetsolution-donuts-and-trademarks). DotMusic’s GPML is music-tailored and does not have such costs.
its music-tailored .MUSIC Policy & Copyright Infringement Dispute Resolution Process (MPCIDRP), including independent dispute resolution via the National Arbitration Forum (NAF); 30
13. has partnered with Afilias,31 the backend registry provider for .ORG, to power .MUSIC domains. Afilias has the strongest background, track record and experience of any other .MUSIC backend registry provider. Afilias is the world’s second largest Internet domain name registry with over than 20 million domain names under management, which is more than all other .MUSIC applicants combined. 14. will provide innovative services, including (i) providing increased Community member exposure through Premium Channels sorted based on delineated constituent type, and (ii) building a comprehensive global song registry; and
15. is accountable to the global Music Community through its Public Interest Commitments32 that clarify its commitment to serve the global Music Community and public interest, while also addressing any concerns the Community may have.
DotMusic clearly exceeds the criteria required to pass Community Priority Evaluation, has provided music-tailored Public Interest Commitments, and responsibly serves a higher purpose to fulfill the Community’s needs and legitimate interests.
30 See DotMusic MPCIDRP at http://www.adrforum.com/RegistrySpec and http://www.adrforum.com/users/odr/resources/Music_Policy_and_Copyright_Infringement_Dispute_Resolution_Pr ocess_final%20(2).docx 31 http://www.afilias.info/about-us 32 https://gtldresult.icann.org/applicationresult/applicationstatus/applicationdetails:downloadpicposting/1392?t:ac=1392
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Document Name: Support for .MUSIC Community-based Application1 with Enhanced Safeguards
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