Enforcement

DotMusic has incorporated specific enforcement measures constituting a coherent set with appropriate appeals mechanisms

According to the Application:

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).

The MPCIDRP is not a replacement for alleged violation of the UDRP⁄URS⁄PDDRP⁄RRDRP, which shall be enforced under the provisions contained therein.

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. 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.

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. 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. DotMusic will review all policies and processes on a regular basis with involvement from the .MUSIC Advisory Committee and discussed publicly at Community events.

(Application, Question 18b)

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

Any violation of the .MUSIC Policies will be enforced on a case-by-case, fact-specific basis:

Any allegation that a domain is not used for legitimate music purposes or otherwise infringes on the .MUSIC Policies shall be enforced under the provisions of the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ)

Any alleged violation of the UDRP shall be enforced under the provisions contained therein, as modified by the URS.

The MPCIDRP, UDRP, and URS are required in the registrarsʹ registration agreements with registrants. Proceedings under the MPCIDRP, UDRP, and URS must be brought by interested third parties in accordance with the associated policies and procedures. DotMusic will conduct random compliance efforts across all the .MUSIC Policies. Periodically a sample of .MUSIC registrations will be verified for compliance with all established .MUSIC Policies.

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. Repeat offenders will be placed on a special monitoring list that DotMusic staff 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.

DotMusic will review all policies and processes on a regular basis with involvement from the .MUSIC Advisory Committee and will present them publicly to enable Music Community constituents to provide feedback. DotMusic will also conduct registrar and registrant surveys based on the level of registrant satisfaction concerning .MUSIC usability and how to improve value proposition.

DotMusic reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of DotMusic, as well as its affiliates, subsidiaries, officers, directors and employees. DotMusic reserves the right to freeze a domain during resolution of a dispute. DotMusic reserves the right to terminate a domain for failure by the registrant to demonstrate it meets .MUSIC policies.

(Application, 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. In particular all domains awarded to registrants are subject to the Uniform Domain Name Dispute Resolution Policy (UDRP), and to any properly-situated court proceeding. 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.

(Application, Question 22)

DotMusic, working with Afilias, will take the requisite operational and technical steps to promote WHOIS data accuracy, limit domain abuse, remove outdated and inaccurate data, and other security measures to ensure the integrity of the TLD. The specific measures include, but are not limited to:

Posting a TLD Anti-Abuse Policy that clearly defines abuse, and provide point-of-contact information for reporting suspected abuse;

Committing to rapid identification and resolution of abuse, including suspensions;

Ensuring completeness of WHOIS information at the time of registration;

Performing data validations of WHOIS elements at time of registration and exploring mechanisms for re-evaluation when registrants update such information;

Publishing and maintaining procedures for removing orphan glue records for names removed from the zone,

Introducing the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ) to ensure eligibility requirements, use and naming policies as established in response to question #20e, and;

Establishing measures to deter WHOIS abuse, including rate-limiting, determining data syntax validity, and implementing and enforcing requirements from the Registry-Registrar Agreement.

The Abuse Policy stated below will be enacted under the contractual authority of the registry operator through the Registry-Registrar Agreement, and the obligations will be passed on to and made binding upon registrants. This policy will be posted on the TLD web site along with contact information for registrants or users to report suspected abuse. The policy is designed to address the malicious use of domain names. The registry operator and its registrars will make reasonable attempts to limit significant harm to Internet users. This policy is not intended to take the place of the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Uniform Rapid Suspension System (URS), and it is not to be used as an alternate form of dispute resolution or as a brand protection mechanism. Its intent is not to burden law-abiding or innocent registrants and domain users; rather, the intent is to deter those who use domain names maliciously by engaging in illegal or fraudulent activity.

Repeat violations of the Abuse policy will result in a case-by-case review of the abuser(s), and the registry operator reserves the right to escalate the issue, with the intent of levying sanctions that are allowed under the TLD anti-abuse policy.

.MUSIC Anti-Abuse Policy:

The following Anti-Abuse Policy is effective upon launch of the TLD. Malicious use of domain names will not be tolerated. The nature of such abuses creates security and stability issues for the registry, registrars, and registrants, as well as for users of the Internet in general. The registry operator definition of abusive use of a domain includes, without limitation, the following:

Illegal or fraudulent actions;

Spam: The use of electronic messaging systems to send unsolicited bulk messages. The term applies to email spam and similar abuses such as instant messaging spam, mobile messaging spam, and the spamming of web sites and Internet forums;

Phishing: The use of counterfeit web pages that are designed to trick recipients into divulging sensitive data such as personally identifying information, usernames, passwords, or financial data;

Pharming: The redirecting of unknowing users to fraudulent sites or services, typically through, but not limited to, DNS hijacking or poisoning;

Willful distribution of malware: The dissemination of software designed to infiltrate or damage a computer system without the ownerʹs informed consent. Examples include, without limitation, computer viruses, worms, keyloggers, and Trojan horses.

Malicious fast-flux hosting: Use of fast-flux techniques with a botnet to disguise the location of web sites or other Internet services, or to avoid detection and mitigation efforts, or to host illegal activities.

Botnet command and control: Services run on a domain name that are used to control a collection of compromised computers or ʺzombies,ʺ or to direct distributed denial-of-service attacks (DDoS attacks);

Illegal Access to Other Computers or Networks: Illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individualʹs system (often known as ʺhackingʺ). Also, any activity that might be used as a precursor to an attempted system penetration (e.g. port scan, stealth scan, or other information gathering activity).

Pursuant to the Registry-Registrar Agreement, registry operator reserves the right at its sole discretion to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary:

to protect the integrity and stability of the registry;

to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;

to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees;

per the terms of the registration agreement and this Anti-Abuse Policy, or

to correct mistakes made by registry operator or any registrar in connection with a domain name registration. Registry operator also reserves the right to place upon registry lock, hold, or similar status a domain name during resolution of a dispute.

The policy stated above will be accompanied by notes about how to submit a report to the registry operator’s abuse point of contact, and how to report an orphan glue record suspected of being used in connection with malicious conduct (see below).

Abuse point of contact and procedures for handling abuse complaints:

The registry operator will establish an abuse point of contact. This contact will be a role-based e-mail address of the form “abuse@registry.MUSIC”. This e-mail address will allow multiple staff members to monitor abuse reports on a 24×7 basis, and then work toward closure of cases as each situation calls for. For tracking purposes, the registry operator will have a ticketing system with which all complaints will be tracked internally. The reporter will be provided with the ticket reference identifier for potential follow-up. Afilias will integrate its existing ticketing system with the registry operator’s to ensure uniform tracking and handling of the complaint. This role-based approach has been used successfully by ISPs, e-mail service providers, and registrars for many years, and is considered a global best practice.

The registry operator’s designated abuse handlers will then evaluate complaints received via the abuse system address. They will decide whether a particular issue is of concern, and decide what action, if any, is appropriate.

.MUSIC Community Specific Protections:

In protection of the interests of the Music Community, in line with the .MUSIC mission established in response to question #18, DotMUSIC reserves the right to deny, cancel, transfer and registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with ay applicable laws, government rules or requirements, requests of law enforcement agencies, in compliance with any dispute resolution process result, or to avoid any liability, civil, or criminal, on the part of the registry operator, its affiliates, subsidiaries, officers, directors, and employees. DotMusic reserves the right to lock a domain name during resolution of a dispute. DotMusic reserves the right to terminate a domain at any time for failure of the registrant to demonstrate that it meets all established requirements under .MUSIC policies.

.MUSIC has established specific protection mechanisms as described in the response to question #20e. As a means to cure any disputes concerning adherence to the .MUSIC requirements and policies, DotMUSIC is establishing the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ). All .MUSIC registrants will be bound by this policy by means of the .MUSIC Registration Agreement.

The MPCIDRP may be invoked by any third party in order to solve a dispute with a registrant over the registration or use of the registration in violation of the .MUSIC policies. A dispute filing can take place with any approved MPCIDRP dispute resolution provider and must specify how the domain name is in violation of the purposes contemplated by the definition and qualification of a .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)

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 includes specific enforcement measures constituting a coherent set and outlines the conditions that need to be met when registering, along with mitigation measures, such as investigation and termination of the domain name.

The applicant will commission a Registry Service Provider to validate a registrant’s eligibility for a domain and to act upon requests/complaints on the basis of its registration policies. The applicant will also provide an in-house validation agent in order to respond to cases of abuse and/or arising disputes.

The straight-forward membership of the Registrant is directly tied with music-focused Registration policies associated with .music. This assures that there is consistency and a matching alignment between the string and the Community defined to ensure that the .music domain Enforcement policies align with the Mission Statement and ensure the domain follows specific enforcement measures constituting a coherent set bound by the .MUSIC Policy and Copyright Infringement Dispute Resolution Process (“MPCIDRP”) which includes investigation, penalties and takedown processes if there is any illegal activity, copyright infringement or violations of any Registration Policies.

The Registry’s .MUSIC Policy and Copyright Infringement Dispute Resolution Process (MPCIDRP) incorporates a significant number of appropriate appeals mechanisms which demonstrate continuing accountability to the Community defined and are aligned with the community-based purpose and bound to all .music domain requirements and policies. (Question 28: “As a means to cure any disputes concerning adherence to the .MUSIC requirements and policies, DotMUSIC is establishing the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ). All .MUSIC registrants will be bound by this policy by means of the .MUSIC Registration Agreement”). The MPCIDRP may be invoked by a 3^rd-party filing a complaint with the appropriate Dispute Resolution Provider or the Registry according to the type of complaint. Appeals will be determined by processes filed with the Registry or the selected Dispute Resolution Providers (DRPs), such as the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO).

Domain names in the TLD can be registered or reserved subject to eligibility or restriction requirements. This MPCIDRP describes standards that will be applied to resolve challenges to names registered in the TLD on the basis of failure to meet or maintain the eligibility or restriction criteria required by the Registry. This MPCIDRP will not be applied to Registry-reserved names in the TLD.

Enforcement Rules and Disputes Types:

A registered domain name in the TLD will be subject to an administrative proceeding upon submission of a complaint showing by a preponderance of the evidence that the registration was improper based on .music Policies and MPCIDRP rules.

1. Community “Eligibility” Restrictions for Registrants and MCMOs:

A complaint under this section shall be required to show that a registered domain name in the TLD does not comply with the provisions of the Registry’s Registration Eligibility criteria. The complaint must show:

At the time the challenged domain name was registered, the Registry’s registration “Eligibility” criteria were not met, including restrictions or requirements for maintaining the registration. The complainant must show that the Registrant is not a bona-fide member of the Music Community and does not have a formally, invoked membership with a .MUSIC-accredited Music Community Member Organization (referred to as “MCMOs”) as per the Registry’s definition of Community. The definition of the Community is a “clearly delineated and organized logical alliance of communities (referred to as “MCMOs”) of the same nature related to music.”

To qualify as a MCMO, the clearly delineated and organized Community organization applying must fulfill all these requirements and qualifications (These requirements were predominantly based on the AGB Community Priority Evaluation Guidelines criteria):

Clear delineation: The Community organization must have clear and straightforward membership and the requisite awareness and recognition from those members. The following non-exhaustive list denotes elements of straightforward membership definitions: fees, skill and/or accreditation-requirements, privileges or benefits entitled to members, certifications aligned with community goals etc;

Organized: The Community organization must administer its members with documented evidence of community activities;

Community organization must relate to music in a non-tangential or non-peripheral manner;

Membership aligns with the Nexus of the Community and the String, which is explicitly relevant to music. Any tangential or implicit associations with the Nexus of the Community and the String will not be regarded as a delineated membership since it would be considered unclear, dispersed or unbound. Such an unclear, dispersed or unbound tangential relationship would not constitute a qualifying membership of an accredited MCMO and would be ineligible for registration;

Community organization activities are aligned with the .MUSIC Mission and Purpose;

Total membership is of non-negligible size;

Total membership geographic dispersion is either international or national (i.e. organizations with merely local memberships do not qualify);

Forward-looking longevity: Membership pursuits are of a lasting, non-transient nature (i.e. will continue to exist in the future);

Membership activities must be involved in the legal production and/or the distribution and/or the promotion of music (i.e. related to music); and

The Community organization’s functions must legally comply with the string’s regulated sector in relation to copyright and clearly abide to the sector’s clearly, delineated systems to ensure fair compensation and proper allocation of royalties to Community rights holders.

The Community as defined is comprised of clearly delineated and organized MCMOs which were identified by the Registry to meet the Community-defined qualifications. A music organization can also apply to become a .MUSIC-accredited MCMO and must prove it fulfills MCMO qualification requirements.

The Complainant shall submit a copy of the Registry’s Eligibility criteria and show the absence of a clear and straightforward membership with the Registry’s defined Community with a Complaint based on MPCIDRP para. 2(a).

According to the Application, eligibility requires a formal membership with a delineated and organized:

“Music Community Member Organization (MCMO) for registrants with demonstrated MCMO memberships.”

(Application Question 20e).

“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.”

(Application Question 20e).

Furthermore, Registrants may not license, sub-delegate or otherwise transfer .music domain names to third parties that otherwise fail to meet the Registration Policy requirements.

2. “Name Selection” and “Globally Protected Marks List” (“GPML”) Restrictions:

A complaint under this section shall be required to show that a registered domain name in the TLD does not comply with the provisions of the Registry’s Name Selection Restrictions, including restrictions pertaining to famous music names under the music Globally Protected Marks List (GPML). The complaint may show:

After the challenged domain name was registered, the registrant failed to comply with the Registry’s Name Selection requirements and naming conditions for registration consistent with the Registry’s articulated community-based mission pertaining to increase trust, protect intellectual property, prevent user-confusion and eliminate malicious abuse. The Complainant shall submit a copy of the Registry’s Name Selection criteria with a Complaint based on MPCIDRP para. 2(b).

3) Community “Content and Use” Restrictions:

A complaint under this section shall be required to show that a registered domain name in the TLD does not comply with the provisions of the Registry’s “Content and Use” criteria. The complaint must show either:

At the time the challenged domain name was registered, the Registry’s “Content and Use” criteria were not met; or

After the challenged domain name was registered, the registrant failed to continue to comply with the Registry’s ongoing “Content and Use” restrictions or requirements for maintaining the registration.

The Complainant shall submit a copy of the Registry’s “Content and Use” criteria, including evidence regarding any requirement for the registrant to maintain the “Content and Use” restrictions, with a Complaint based on MPCIDRP para. 2(c).

Remedies and Appeal Mechanisms’ Processes:

The Remedies available to a complainant for a proceeding under the MPCIDRP 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:

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;

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;

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;

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;

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;

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

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:

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;

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”);

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”;

a “PAB Appeal” Re-Consideration Request process filed with the National Arbitration Forum dispute resolution provider by a Registrant appealing a PAB Appeals determination;

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

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.

Enforcement

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