.MUSIC community application will pass CPE consistent with prevailing EIU Determinations

Background

The GNSO Final Report, Introduction of New Generic Top-Level Domains, which provided the basic guidelines for the new gTLD application process and the Applicant Guidebook (AGB) states that:

“where an applicant lays any claim that the TLD is intended to support a particular community…that claim will be taken on trust (CV 7-10).”

DotMusic’s demonstrable and unprecedented support, community definition and music-tailored policies (that were developed over years of open and public outreach and consultation with the community), clearly validates such trust.

DotMusic’s community definition to include all Community members without discrimination affirms that the community was not construed, consistent with the community guidelines set forth by the GNSO Final report which stated that “community should be interpreted broadly and will include, for example, an economic sector, a cultural community (such as the music community), or a linguistic community.”

Majority Support for .MUSIC Community Application

DotMusic is the only .MUSIC applicant that has followed unified principles, ideals and mission that the 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. DotMusic 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 Music Community communication outreach campaign launched in 2008.

DotMusic has amassed the largest global music coalition ever assembled to support a music cause, including organizations with members representing over 95% of global music, exceeding the ICANN Commmunity Priority Evaluation (CPE) criteria of:

“multiple institutions/organizations supporting the application, with documented support from institutions/organizations representing a majority of the overall community addressed.” (See CPE Guidelines, Pg.18)

Thus far, DotMusic has received over 2,000 letters of support, more than all of ICANN’s ALAC (ALAC has 140 members “representing the views of individual Internet users” totaling nearly 3.3 billion) and NCUC memberships (NCUC has 462 members representing billions of noncommercial users) as well as all CPE applicants combined — provide further evidence that DotMusic exceeds CPE criteria (See over 2,000 DotMusic support letter submissions at: 1 2 3 4 5 6 7 8 9 10 11 12 13 14).

ICANN and Economist Intelligence Unit (EIU) Panelist Guidelines for CPE

Transparency and accountability mechanisms (including the quality control requirement by ICANN to ensure the EIU uses compelling and defensible documentation in their determination) forms an integral part of ICANN’s decision-making standards. The AGB and CPE Guidelines state that:

The evaluation process will respect the principles of fairness, transparency, avoiding potential conflicts of interest, and non-discrimination… (CPE Guidelines, Pg.22)

Consistency of approach in scoring Applications will be of particular importance… (CPE Guidelines, Pg. 22)

The EIU will work closely with ICANN when questions arise and when additional information may be required to evaluate an application… (CPE Guidelines, Pg. 22-23)

The EIU will fully cooperate with ICANN’s quality control process… (CPE Guidelines, Pg. 22-23)

The panel must be able to exercise consistent and somewhat subjective judgment in making its evaluations in order to reach conclusions that are compelling and defensible… (CPE Guidelines, Pg. 22)

The panel must be able to document the way in which it has done so in each case. (CPE Guidelines, Pg. 22)

All EIU evaluators undergo regular training to ensure full understanding of all CPE requirements as listed in the Applicant Guidebook, as well as to ensure consistent judgment… (CPE Panel Process Document, Pg.2)

The Panel Firm exercises consistent judgment in making its evaluations in order to reach conclusions that are compelling and defensible, and documents the way in which it has done so in each case (CPE Guidelines, Pg.22 and CPE Panel Process, Pg. 3).

DotMusic’s community application for .MUSIC will pass CPE because its application is consistent with previous EIU determinations for .OSAKA, .HOTEL, .RADIO, .ECO, and .SPA that have prevailed. According to the rules, the EIU must exercise “consistent judgement” following previous EIU determination decision-making rationale. ICANN must also ensure consistency exists as part of its quality control process before a determination is made official. DotMusic exceeds all CPE criteria based on these rulings and expects a fair, consistent and transparent evaluation that is compelling and aligned with the EIU’s rationale in the CPE determinations that have prevailed.

In addition to 4-point Community Endorsement/Support component (which DotMusic surpasses all other applicants combined in terms of the level of support), CPE also includes 3 other sections, each graded at 4 points: Community Establishment, Nexus and Registration Policies (passing CPE score is 14 out of a maximum 16 points).

Community Establishment

Community Establishment relates to the definition of the community and whether or not the community members have the “requisite awareness” of the community defined by having “a clear and straight-forward membership.”

DotMusic defines the Music Community for the .MUSIC applied-for string as follows:

The Community is a strictly delineated and organized community of individuals, organizations and business, a “logical alliance of communities of a similar nature (“COMMUNITY”),” that relate to music: the art of combining sounds rhythmically, melodically or harmonically. (Question 20A)

Wit respect to the requisite awareness of the Community, the “logical alliance of communities that relate to music” must be “strictly delineated and organized” as per the Community definition i.e. those without the requisite awareness are not part of the Music Community. Given the symbiotic overlapping nature of the music (industry) 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. As a result, the Music Community as defined is “closely united” (As per the definition of “cohesion” according to Merriam-Webster dictionary) or “united or form a whole” (As per the definition of the word “cohesion” according to Oxford Dictionaries).

According to the DotMusic application:

Registrants will be verified using Community-organized, unified “criteria taken from holistic perspective with due regard of Community particularities” that “invoke a formal membership” (Question 20A)

Music registrants may be verified if they are members of Music Community Member Organizations (mCMOs) (See https://music.us/mcmo and https://music.us/DotMusic_Music_Community_MCMO_Application.pdf for mCMO requirements and application). As such, they will have the requisite awareness of belonging to the community defined. The Application provides a Landrush registration (members of mCMO’s could also register their domains during General Registration as well as indicated below):

Music Community Member Organization (MCMO) Landrush for registrants with demonstrated MCMO memberships…

MUSIC COMMUNITY MEMBER ORGANIZATION (MCMO) LANDRUSH LAUNCH

This is the second phase of .MUSIC domain registration. It is a limited-time period reserved for members of DotMusic-accredited music Community Member Organizations (mCMO). (Question 18B(vi) & 20E)

The mCMO domain allocation method during the Landrush phase was created by DotMusic to allow Community members to register through established Community organizations. During the General Registration phase the TLD is open to all Community members for registration, but also restricted by Eligibility, Use and other Policies, including enhanced safeguards. (Question 20B).

Alternatively, if a Community member is not a member of an mCMO but has a legitimate purpose in addressing the music community, then that Community member could be delineated by demonstrating requisite awareness and identification with the Community by:

1) Selecting corresponding NAICS subset code (which is limited by DotMusic to solely “Music” constituents), and;

2) Certifying acceptance to the DotMusic Registration Policies aligned with the community-based goals and purpose. This certification aligned with community’s goals applies to all Community members, including mCMO members:

DotMusic has incorporated enhanced policies to ensure only eligible members of the Music Community who comply with the values, purpose and mission of the TLD can participate; to ensure domains are used in a manner benefitting the Community; to protect intellectual property; and to safeguard domains from malicious conduct and copyright infringement.

USE POLICY

This policy is in place for .MUSIC registrants regardless of the applicable launch phase. It is developed with extensive participation of Music Community members; tailored to meet the specific needs of the Music Community; and solve issues currently existing in the Music Community related to intellectual property infringement and malicious conduct.

The policy is incorporated in the registration agreement for all .MUSIC registrants. DotMusic may modify or revise these use policies at any time…Registrants that do not accept and abide by the registration agreement are disqualified from domain registrations. (Question 20E)

Only those that are defined by and identify with the sub-set of the NAICS code that relates to “music” would qualify as a member of the Community. These music community-tailored Policies ensure that members have the requisite awareness of belonging to the community. This means entities or individuals with a casual, tangential relationship with the string music are excluded (emphasis added) i.e. only entities or individuals that have the requisite awareness of the Community and have taken affirmative steps to associate with either an mCMO or self-identify with the appropriate sub-set of a corresponding NAICS group are delineated as members (emphasis added).

The Registration identification process is aligned with the member’s requisite awareness of the community defined “logical alliance of communities related to music.” After their self-identifying, the Registry will place the registrant/community member into the corresponding premium channel(s) sorted according to music delineation type.

Another step that is mandatory is DotMusic’s 2-Step Authentication that validates members:

REGISTRY DATA VALIDATION: DotMusic will validate elements of the received WHOIS data as a requirement for domain registration, also providing access to Premium Channels, such as the registrant’s:

– Email address through validation links

– Phone number through validated PIN-codes (Question 18B)

REGISTRY DATA VALIDATION

While DotMusic will hold the thick WHOIS data provided through registrars, we will also validate elements of the received WHOIS data:

1. The registrant’s email address through validation links

2. The registrant’s phone number through validated PIN-codes

Upon successful completion of these two steps, DotMusic will provide the registrant their Music Community membership details; used to join⁄access the Premium Channels. All future .MUSIC domains associated with the registrant-verified email address will not be re-verified. (Question 20E)

The AGB also has no language disallowing membership based on participation in the community defined. For example, in the prevailing .RADIO CPE Determination, the EIU was able to conclude that the .RADIO community is “clearly defined” and that, solely on the basis of being “participants in this clearly defined industry, they have an awareness and recognition of their inclusion in the industry community” (emphasis added) (Pg.2 ).

In addition to being “participants,” a non-exhaustive list of membership criteria was allowed by the AGB, which may include:

– “A logical alliance members based on categories that are solely community-related” (i.e. in the case of music, they are music-related). For example, in the prevailing .HOTEL CPE Determination, the EIU awarded full points for Community Establishment for a community definition that is comprised of “categories [that] are a logical alliance of members” (Pg. 2)

– “Self-identification” in a community (e.g. identifying that they have a tie with the community) or those who have a legitimate purpose in addressing the community. For example, in the prevailing .OSAKA CPE Determination, the EIU awarded full points for Community Establishment and Nexus for a community definition that stated that: “[m]embers of the community are defined as those who are within the Osaka geographical area as well as those who self identify as having a tie to Osaka, or the culture of Osaka. Major participants of the community include, but are not limited to the following: […] Entities, including natural persons who have a legitimate purpose in addressing the community” (Pg. 2).

– “Certifying to abide to a set of community-tailored registration requirements that are aligned with the goals of the community” i.e. are aligned with the community’s mission and purpose. In the prevailing .OSAKA CPE Determination, “membership is determined through formal membership, certification, accreditation and/or a clearly defined mission, a transparent and verifiable membership structure that adequately meets the AGB criteria” (Pg. 2). In the prevailing .OSAKA CPE Determination, membership was determined through “Osaka municipalities and local governments; public and private institutions in Osaka; organizations, companies and other businesses in Osaka; residents of Osaka; other community members who have a bona fide purpose for registering and using the domain. Registrants who purchase “.osaka” names will be required to certify that meet one of the categories above” (Pg. 4).

– “demonstrable involvement in community-related activities” – The AGB also allows for different types of membership just as long as there demonstrable involvement in community-related activities that may vary among member constituent types. For example, in the prevailing .ECO CPE Determination, the EIU awarded full points for Community Establishment stating that “the application dictates four types of members, whose cohesion and awareness is founded in their demonstrable involvement in environmental activities and who “demonstrate active commitment, practice and reporting.” This involvement may vary among member categories” (Pg. 2).

DotMusic used the industry standard methodology for defining music industries using NAICS codes, allowing members to “self-identify” their “music” membership with solely the “music” subsets of the NAICS codes that only relate to “music” (emphasis added) so there is no overreaching whatsoever and the community defined and delineated matches the “music” string. In order to match the string with the community defined it was vital to include all music constituent types – including complementary entities e.g. government culture agencies, arts councils and/or government agencies related to copyright — that are considered essential for the smooth functioning of the music (industry) community and its sector’s regulation (since music is a copyright industry). The only NAICS classifications that were delineated by DotMusic to define the community were those that were considered essential for “music.”

Furthermore, according to the AGB and CPE Guidelines, “scoring of applications against these subcriteria will be done from a holistic perspective, with due regard for the particularities of the community explicitly addressed.” Under Community Establishment, the AGB and CPE Guidelines pertaining to Delineation outline a “non-exhaustive list denot[ing] elements of straight-forward member definitions: fees, skill and/or accreditation requirements, privileges or benefits entitled to members, certifications aligned with community goals, etc.”

DotMusic’s application also meets these additional “formal membership” criteria:

(i) Fees

e.g. Paid members mCMOs e.g. members of the The Recording Academy.

(ii) Skill and/or accreditation requirements

e.g. a music creator/musician/songwriter, manager, accountant, lawyer etc.

(iii) Privileges or benefits entitled to members

e.g. royalties collected (which are government regulated because music is copyright industry and a regulated sector); free exposure/marketing/branding through free mCMOs (such as Reverbnation).

Other benefits and privileges to Community members are inclusion in the DotMusic Premium Channels and the Song Registry:

INNOVATIVE PREMIUM NAMES RESERVATIONS:

DotMusic will reserve premium names that will be used in an innovative manner to benefit eligible members including the development of Premium Channels, such as genres (e.g Rock.MUSIC), that will define the locale web of music, promote Community members based on their classification⁄category, and improve music discovery. (Question 20E)

Developing the Music Community Social Network Premium Domain Channels (Premium Channels) sorted by NAICS classifications and category types e.g. genre⁄language. They will leverage Search Engine Optimization (SEO) best practices to improve .MUSIC site search result rankings. The objective is for .MUSIC domains to signal a badge of trust that enables search engines to provide music consumers more relevant and safer search results while reducing infringing and unlicensed rogue websites. Premium Channel development will also include a global Song Registry. (Question 20C)

(iv) Certifications aligned with community goals

e.g. All Community members must certify their agreement to the music-tailored DotMusic Registration Policies:

USE POLICY

Dispute mechanisms, compliance efforts, and data validation processes will provide an added level of trust. (Question 18A)

As indicated, with registration, community members are mandated to certify that they align with the community goals and mission and music-tailored registration policies, including to certify that their activity will only relate to legal music activities and content (See Content and Use policy) and be subject to the music-tailored MPCIDRP, including dispute resolution and appeals processes. As mentioned earlier, all registrants must also go through 2-Step authentication to certify authenticity and to increase safety and trust (e.g. to eliminate impostors, impersonators and/or cybersquatters). These processes also improve quality control with respect to enforcing the Name Selection policy. Other quality control policies that are part of the certification agreement include the Content and Use policy that only allows legal music content and use i.e. no one can use a .MUSIC domain without music-related content. This will eliminates peripheral entities or entities that have no association with music. Also, registrants must certify that they will not have a parked page, which eliminates cybersquatters and domain speculators/investors and ensures higher quality, music related content.

Nexus

In order to match the string with the community defined it was vital to include all music constituent types — including complementary entities e.g. government culture agencies, arts councils and/or government agencies related to copyright — that are considered essential for the smooth functioning of the music (industry) community and its sector’s regulation (since music is a copyright industry). As stated in DotMusic’s application, all legitimate Community members are included in the definition:

“The Music Community encompasses global reaching commercial and non-commercial stakeholders, and amateur stakeholders” (Question 20C).

The application also makes reference to the following description of its community:

“.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” (Question, 20D).

“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.”

“…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.”

“…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” (Question 20D).

According to the CPE Guidelines with respect to Nexus, there is no AGB language disallowing a community definition and delineation that may include complementary entities and subsets of the community, especially if they are essential components of the community defined (emphasis added). For example, in the prevailing .SPA CPE Determination, the EIU awarded full points under Nexus stating that “the community as defined by the application also includes entities which are not spas or spa associations, such as distributors and providers of spa-related products and services. As described by the applicant, these affiliated services align closely with core spa services, and nothing in the application suggests that these entities are a non-essential component of the spa community (emphasis added). Furthermore, this category of the spa community is also included in the membership of organizations such as the International Spa Association. This subset of the community, along with the principal spa community, therefore, meets the requirement for “match” with regard to Nexus” (emphasis added) (Pg. 4 and Pg. 5).

In order to match the string with the community defined it was vital to include all music constituent types – including complementary entities e.g. government culture agencies, arts councils and/or government agencies related to copyright — that are considered essential for the smooth functioning of the music (industry) community and its sector’s regulation because music is a copyright industry.

As such “complementary organizations involved in support activities…aligned with the .MUSIC mission” are vital to the Nexus of the string to ensure the community is “complete” taking into consideration the primary Oxford Dictionary definition of “complement” defined as “a thing that completes” (In music terms, “complement” is defined as “the musical interval required with a given interval to complete the octave”) i.e. that makes whole or in the case of Nexus, it matches completely (emphasis added). According to the Applicant Guidebook and CPE Guidelines, “to receive the maximum score for Nexus,the applied-for string must match the name of the community.”

Music is a copyright industry and a regulated sector. As such, the Community defined is subject to government regulation of similar nature (consistent with the definition of the community, which is a logical alliance of communities related to music are of “similar nature.” As such, “complementor organizations involved in support activities” related to the regulation and/or dedicated promotion of music are eligible for registration.

While in other industries some complementors may be considered peripheral industries, the true test of a “matching” complementor is whether the complementor makes the defined community “whole” in alignment with the definition of “complement.” Music is a copyright industry so complementors, such as related government agencies, are essential. If you remove “copyright” and government regulation then the music (industry) community would cease to function as we know it today.

The Panel should determine that the Community (as defined by the application, including those community organizations supporting the application) are also “commonly known by others” (AGB) both in and outside of the community by the applied-for string “MUSIC” as required by the AGB. Indeed, the word “music” is defined in the application as “the art of combining sounds rhythmically, melodically or harmonically” or “vocal or instrumental sounds (or both) combined in such a way as to produce beauty of form, harmony, and expression of emotion” (Oxford Dictionaries). This common usage of the applied-for string closely aligns with the community as defined in the application. A dictionary or encyclopedia may be used to determine how the applied-for string is used for Nexus evaluation. These may analyze present and evolving uses of a word, capturing in this case the most prevalent uses of “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 with DotMusic’s community-based purpose and connotes community cohesion i.e. only entities with music-related activities are able to register .MUSIC domains.

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. Every type of music constituent critically contributes to the function and operation of the music sector within a regulated framework. ICANN has disclosed that the string .MUSIC is a sensitive string operating in a regulated sector. ICANN also accepted Government Advisory Committee (GAC) advice for safeguards to protect the Music (industry) Community and the public interest (Pg.7). As mentioned earlier under Community Establishment, given the symbiotic overlapping nature of the music (industry) 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. As a result, the Music Community as defined is “closely united” (As per the definition of “cohesion” according to Merriam-Webster dictionary) or “united or form a whole” (As per the definition of the word “cohesion” according to Oxford Dictionaries).

According to the AGB, “with respect to “Nexus,” for a score of 3, the essential aspect is that the applied-for string is commonly known by others as the identification / name of the community.” (CPE Guidelines, Pg.8)

Consistently, to address “Nexus,” an independent survey was conducted by Nielsen/Harris Poll within the United States from August 7th through August 11th, 2015 among 2,084 adults ages 18 and older. Figures for age, sex, race/ethnicity, education, region and household income were weighted where necessary to bring them into line with their actual proportions in the population. The data was also weighted to reflect the composition of the adult population. Nielsen/Harris Poll addressed whether the applied-for string was commonly-known (i.e. known by most people) and associated with the identification of the community defined by DotMusic by asking the question:

“If you saw a website domain that ended in “.music” (e.g., www.name.music), would you associate it with musicians and/or other individuals or organizations belonging to the music community (i.e., a logical alliance of communities of individuals, organizations and business that relate to music)?”

The vast majority, 1562 out of 2084 (3 in 4 or 75% of the respondents) responded “Yes,” which is aligned with the “Nexus” Criterion 2A requirements that the applied for-string is “commonly-known” as the identification of the community addressed by the application. According to CreativeCommons.org, “vast majority means over 70%” (Pg.6).

Furthermore, independent testimonies and disclosures from over 40 experts agree that the application’s defined community matches the applied-for string.

DotMusic’s community definition only includes members “related to music” i.e. there is no substantial overreach beyond the community defined. As such, the defined community matches the applied-for string because, according to the application, it “completely represent[s] the entire Community. It relates to all music-related constituents using an all-inclusive, multi-stakeholder model.” According to the application, the Community “will be verified using Community-organized, unified “criteria taken from holistic perspective with due regard of Community particularities” that “invoke a formal membership” without discrimination, conflict of interest or “likelihood of material detriment to the rights and legitimate interests” of the Community.”

As stated (and reiterated in its Public Interest Commitments), DotMusic’s application does not exclude or discriminate against any legitimate constituent associated with the applied-for string. Therefore, the Panel should determine that the applied-for string is the established name by which the community is commonly known by others, and the applied-for string matches the community as defined in the application. Therefore, it is respectfully submitted that the Applicant meets the requirements for a full credit of 3 points on Nexus.

The Panel should also determine that the application meets the criterion for Uniqueness as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the AGB. The application should receive a score of 1 out of 1 point under criterion 2-B: Uniqueness.

The string’s unique phonetic, visual and contextual meaning to identify the “music” Community described in the DotMusic application is also established in a significant number of other languages e.g. musiek (Africaans), muzikë (Albanian), musiqi (Azerbaijani), musika (Basque), музыка (Belarusian), muzika (Bosnian), музика (Bulgarian), música (Catalan), music (Cebuano), musik (Danish), muziek (Dutch), muziko (Esperanto), muusika (Estonian), musika (Filipino), musiikki (Finnish), musique (French), música (Galician), Musik (German), μουσική (Greek), mizik (Haitian Creole), music (Indonesian), musica (Italian), music (Javanese), musica (Latin), mūzika (Latvian), muzika (Lithuanian), музика (Mecedonian), muzik (Malay), mużika (Maltese), musikk (Norwegian), muzyka (Polish), música (Portuguese), muzică (Romanian), музыка (Russian), музика (Serbian), música (Spanish), muziki (Swahili), music (Swedish), müzik (Turkish), музика (Ukrainian) and others.

To fulfill the requirements for Uniqueness, the string must have no other significant meaning beyond identifying the community described in the application and it must also score a 2 or a 3 on Nexus. The string as defined in the application demonstrates uniqueness, as the string does not have any other meaning beyond identifying the community described in the application. The Community Priority Evaluation panel should determine that the applied-for string satisfies the condition to fulfill the requirements for Uniqueness.

Registration Policies

3-A Eligibility

The Panel should determine that the application meets the criterion for Eligibility as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the AGB, as eligibility is restricted to community members. The application should receive a maximum score of 1 point under criterion 3-A: Eligibility.

To fulfill the requirements for Eligibility, the registration policies must restrict the eligibility of prospective registrants to community members. According to the application:

“The TLD will be exclusive to the Community… .MUSIC domains will be validated to belong to Community members, who can only use the domains under Community-focused Policies. This way, Internet users will experience trusted interactions with registrants and be confident that any interaction is with legitimate Community members” (Question 18A).

“…Registrants will be verified using Community-organized, unified “criteria taken from holistic perspective with due regard of Community particularities” that “invoke a formal membership” without discrimination, conflict of interest or “likelihood of material detriment to the rights and legitimate interests” of the Community…” (Question 20A)

“…Music Community Member Organization (MCMO)… phase… is a limited-time period reserved for members of DotMusic-accredited music Community Member Organizations (MCMO). Unique registrations will be granted to the sole registrant and delegated at the close of the time period; multiple registration requests for the same string will go through an auction. …General Availability… phase of registration of .MUSIC domains. .MUSIC registrations will now be available to Music Community members on a first come, first served basis” (Question 20E).

The DotMusic Eligibility policy is consistent with various EIU CPE Determinations for Eligibility:

“To fulfill the requirements for Eligibility, the registration policies must restrict the eligibility of prospective registrants to community members. The application demonstrates adherence to this requirement by restricting eligibility to individuals and entities (non-for-profit, businesses and governments) that are members of the global environmental community and that meet recognized standards” (.ECO CPE)

“The application demonstrates adherence to this requirement by restricting eligibility to the community categories mentioned in Delineation, and additionally requiring that the registered domain name be “accepted as legitimate; and beneficial to the cause and values of the radio industry; and commensurate with the role and importance of the registered domain name; and in good faith at the time of registration and thereafter” (.RADIO CPE).

“The application demonstrates adherence to this requirement by restricting eligibility to the narrow category of hotels and their organizations as defined by ISO 18513, and verifying this association through membership lists, directories and registries.” (.HOTEL CPE)

“The application demonstrates adherence to this requirement by restricting eligibility to artists and those who have an identifiable engagement with the arts” (Dadotart’s .ART CPE).

“The application demonstrates adherence to this requirement by restricting eligibility to art-related institutions and entities, and professionals or semi-professional members of the art community” (Eflux .ART CPE).

The application therefore demonstrates adherence to the AGB’s requirement by restricting domain registration to entities who are members of the community defined by the application. The Panel should determine that the application satisfies the condition to fulfill the requirements for Eligibility.

3-B Name Selection

The Panel should determine that the application meets the criterion for Name Selection as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebook, as name selection rules are consistent with the articulated community-based purpose of the applied-for TLD. The application should receive a score of 1 out of1pointunder criterion 3-B: Name Selection.

According to the application:

The Names Selection Policy ensures only music-related names are registered as domains under .MUSIC, with the following restrictions:

1) A name of (entire or portion of) the musician, band, company, organization, e.g. the registrants “doing business as” name

2) An acronym representing the registrant

3) A name that recognizes or generally describes the registrant, or

4) A name related to the mission or activities of the registrant. (Question 20E)

The DotMusic Name Selection policy is consistent with various EIU CPE Determinations for Name Selection:

The application demonstrates adherence to this requirement by specifying that the associated boards use their corporate name or an acronym, while foreign affiliates will also have to include geographical modifiers in their second level domains (.MLS CPE Determination).

The application demonstrates adherence to this requirement by outlining a comprehensive list of name selection rules, such as requirements that second level domain names should match or include a substantial part of the registrant’s legal name (.LLP, .INC and .LLC CPE Determinations).

Also, the Name Selection Policy also covers the music Globally Protected Marks List (GPML) and does not allow registrants to register a domain containing an established music brands’ name that would be deemed confusing to Internet users and the Music Community:

“Globally Protected Marks List (GPML) will ensure major music brands and established artists, such as RIAA-certified platinum-selling bands, are protected not cybersquatted. These are reserved at all times” (Question 20E).

“…Applicants “cannot register a domain containing an established music brand’s name in bad faith that might be deemed confusing to Internet users and the Music Community” (Question 20E).

The DotMusic GPML Name Selection policy is consistent with the .HOTEL EIU CPE Determination for Name Selection:

“[T]he registry has set aside a list of domain names that will be reserved for the major hotel industry brands and sub-brands” (.HOTEL CPE).

Therefore, the Panel should determine that the application satisfies the conditions to fulfill the requirements for Name Selection.

3-C Content and Use

The Community Priority Evaluation panel should determine that the application meets the criterion for Content and Use as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the Applicant Guidebook, as the rules for content and use are consistent with the articulated community-based purpose of the applied-for TLD. The application should receive a maximum score of 1 point under criterion 3-C: Content and Use.

To fulfill the requirements for Content and Use, the registration policies must include rules for content and use for registrants that are consistent with the articulated community-based purpose of the applied-for gTLD. The application demonstrates adherence to this requirement by specifying that use of the domain name must be beneficial to the cause and values of the Community:

.MUSIC will effectively differentiate itself by addressing the key online usage issues of safety, trust, consistency, brand recognition as well as communicate site subject-matter: music-related content. The TLD will be exclusive to the Community and will incorporate enhanced safeguards and Use policies to protect creators, intellectual property and rights holders.

Community members need to be able to distinguish themselves from illegal or unlicensed sites. Ensuring monies flow to rightful owners and the Music Community is critical to the .MUSIC Mission.

DotMusic will provide Premium Channels and a Song Registry where the Community and Internet users can network, share information and engage in commerce in a trusted, secure ecosystem – a safe haven for legal music consumption and song licensing ensuring monies flow to the Community not unlicensed sites.

.MUSIC domains can serve as trusted signals for search engines and used as filters for legal, licensed and safe music sites with relevant, quality content. .MUSIC domains will be validated to belong to Community members, who can only use the domains under Community-focused Policies. This way, Internet users will experience trusted interactions with registrants and be confident that any interaction is with legitimate Community members (Question 18A).

The application also has Content and Use policies that prohibit the use of parking pages:

PARKING PAGES: DotMusic will prohibit the use of parked pages. .MUSIC sites will be subject to the content and use restrictions described in response to question 18b and question 20e. Parked sites can only be used as temporary pages assigned to a domain at the time of registration and stay in place until the registrant has a website developed and ready to go live in a reasonable time period (Question 18C iii).

The application also restricts Content and Use to legal music-related activities:

The following use requirements apply:
• Use only for music-related activities
• Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities
• Do not post or submit content that is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious
• Respect the intellectual property rights of others by posting or submitting only content that is owned, licensed, or otherwise have the right to post or submit
• Immediately notify us if there is a security breach, other member incompliance or illegal activity on .MUSIC sites
• Do not register a domain containing an established music brand’s name in bad faith that might be deemed confusing to Internet users and the Music Community
• Do not use any automated process to access or use the .MUSIC sites or any process, whether automated or manual, to capture data or content from any service for any reason
• Do not use any service or any process to damage, disable, impair, or otherwise attack .MUSIC sites or the networks connected to .MUSIC sites (Question 20E).

The DotMusic Content and Use policy is consistent with various EIU CPE Determinations for Content and Use:

The application demonstrates adherence to this requirement by specifying that each domain name must display hotel community-related content relevant to the domain name (.HOTEL CPE)

The application demonstrates adherence to this requirement by noting four relevant rules for content and use, which include restricting content to taxi-related issues or indicating a strong connection to it, amongst other rules (.TAXI CPE).

The Community Priority Evaluation panel should determine that the application satisfies the condition to fulfill the requirements for Content and Use.

3-D Enforcement

The Panel should determine that the application meets the criterion for Enforcement as specified in section 4.2.3 (Community Priority Evaluation Criteria) of the AGB. The application provides specific enforcement measures and outlines coherent and appropriate appeals mechanisms.The application should receive a score of 1 point under criterion 3-D: Enforcement.

Two conditions must be met to fulfill the requirements for Enforcement: the registration policies must include specific enforcement measures constituting a coherent set, and there must be appropriate appeals mechanisms.

The application commits to implement both proactive and reactive enforcement measures, such as proactive zone screening, Community crowdsourced enforcement (to “immediately notify [DotMusic] if there is a security breach, other member incompliance or illegal activity on .MUSIC sites”) and random compliance checks, with appropriate dispute processes to fix compliance issues under its .MUSIC Policy & Copyright Infringement Dispute Resolution Process (MPCIDRP), including reasonable time to appeal (i.e. via “dispute processes”) with the registry to fix compliance issues or appeal with an independent dispute resolution provider, such as the National Arbitration Forum (NAF), which already has a customized DotMusic appeals mechanism in place.

According to the application:

REGISTRY DATA VALIDATION

DotMusic will validate elements of the received WHOIS data as a requirement for domain registration, also providing access to Premium Channels, such as the registrant’s:
– Email address through validation links
– Phone number through validated PIN-codes (Question 18B iv, Question 20E).

COMPLIANCE & ENFORCEMENT
DotMusic will take proactive and reactive measures to enforce its Policies. Proactive measures are taken at the time of registration. Reactive measures are addressed via compliance and enforcement mechanisms and through dispute processes.

Allegation that a domain is not used for legitimate music purposes or otherwise infringes on Policies shall be enforced under the provisions of the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ); described in question 28 response (Question 18B iv, Question 20E).

The MPCIDRP is not a replacement for alleged violation of the UDRP⁄URS⁄PDDRP⁄RRDRP, which shall be enforced under the provisions contained therein (Question 18B iv, Question 20E).

The DRPʹs are required in the registrarsʹ registration agreements with registrants. Proceedings must be brought by interested 3rd-parties in accordance with associated policies and procedures to dispute resolution providers (Question 18B iv).

DotMusic will conduct random compliance checks across all the .MUSIC Policies. Periodically a sample of .MUSIC registrations will be verified for compliance with all established Policies (Question 18B iv, Question 20E).

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 (Question 18B iv, Question 20E).

The Sunrise Challenge Process solves disputes concerning domains registered under the Sunrise Policy (Question 20E).

Repeat offenders of Policies will be placed on a special monitoring list that DotMusic will conduct additional compliance checks against. DotMusic holds the right to prohibit repeat offenders from registering .MUSIC domains for a period of time or indefinitely (Question 18B iv).

DotMusic will review all policies and processes on a regular basis with involvement from the .MUSIC Advisory Committee and discussed publicly at Community events (Question 18B iv, Question 20E).

DotMusic will also conduct registrar and registrant surveys based on the level of registrant satisfaction concerning .MUSIC usability and how to improve value proposition (Question 20E).

[Registrants must] immediately notify [DotMusic] if there is a security breach, other member incompliance or illegal activity on .MUSIC sites (Question 20E).

DotMusic will implement multiple dispute resolution policies to address dispute over any names not reserved by the above provisions; see response to question #20e and #28 and #29…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. DotMusic will institute a provision in the registry-registrar agreements and the registrar-registrant agreements, to suspend domains names in the event of a dispute. DotMusic may exercise that right in the case of a dispute over a geographic name (Question 22).

DotMusic and Afilias may also engage in proactive screening of its zone for malicious use of the domains in the TLD, and report problems to the sponsoring registrars (Question 28).

The DotMusic Enforcement policy is consistent with various EIU CPE Determinations for Enforcement:

The applicant outlines a comprehensive list of investigation procedures and circumstances in which the registry is entitled to suspend domain names. The application also outlines an appeals process, which will be managed by the registry service provider (Dadotart .ART CPE).

The applicant’s registry will evaluate complaints against a registrant agreement and decide on an appropriate course of action, which may result in the case being referred to a dispute resolution process. There is also an appeals mechanism, whereby a registrant has the right to seek the opinion of an independent arbiter approved by the registry (.ECO CPE).

The applicant’s registry will establish a process for questions and challenges that could arise from registrations and will conduct random checks on registered domains. There is also an appeals mechanism, whereby a registrant has the right to request a review of a decision to revoke its right to hold a domain name (.HOTEL CPE).

The enforcement program is based on random checks, and if the content or use of an existing domain name shows bad faith, it will be suspended. There is also an appeals mechanism, which is managed in the first instance by the registry, with appeals heard by an independent, alternative dispute resolution provider (.RADIO CPE).

At which time, anyone can utilize the Sunrise Challenge Process to challenge the eligibility of a Sunrise application. The Sunrise Challenge Process is itself an appeal mechanism (.SPA CPE).

Consistent with other EIU CPE Determinations for Enforcement, the application outlines policies that include specific enforcement measures constituting a coherent set. The Panel should determine that the application satisfies both of the two conditions to fulfill the requirements for Enforcement and therefore scores 1 point.

Conclusion

For the aforementioned reasons, consistent with previous CPE Determinations and EIU rationale, DotMusic satisfies all criteria to establish Community and accordingly is expected to prevail with a passing grade in CPE.

.MUSIC community application will pass CPE consistent with prevailing EIU Determinations

Background

Majority Support for .MUSIC Community Application

ICANN and Economist Intelligence Unit (EIU) Panelist Guidelines for CPE