Changes

This letter came just a day after a similar appeal by a group of domain industry regulars was announced. [[Michele Neylon]], CEO of [[Blacknight Internet Solutions Ltd]] and a highly active  member of the ICANN community, led the signatories of a letter adressing the same issue, though it does not name [[Google]] nor Amazon by name. Instead it focuses on any and all use of generic terms that are being sought after only to become closed TLDs: "generic words used in a generic way belong to all people. It is inherently in the public interest to allow access to generic new gTLDs to the whole of the Internet Community, e.g., .BLOG, .MUSIC, .CLOUD. Allowing everyone to register and use second level domain names of these powerful, generic TLDs is exactly what we envisioned the New gTLD Program would do. In contrast, to allow individual Registry Operators to segregate and close-off common words for which they do not possess intellectual property rights in effect allows them to circumvent nation-states’ entrenched legal processes for obtaining legitimate and recognized trademark protections." Other signatories include: [[Scott Pinzon]], former Director of ICANN; [[Kelly Hardy]], domain industry consultant; [[Frédéric Guillemaut]], MailClub.fr; [[Robert Birkner]], 1API GmbH; the whole letter can be seen [https://docs.google.com/document/d/1ZUNlookOWyaSW8lXfi_37zVFsVk9xcxncvmE0uwPEFY/edit here].

This letter came just a day after a similar appeal by a group of domain industry regulars was announced. [[Michele Neylon]], CEO of [[Blacknight Internet Solutions Ltd]] and a highly active  member of the ICANN community, led the signatories of a letter adressing the same issue, though it does not name [[Google]] nor Amazon by name. Instead it focuses on any and all use of generic terms that are being sought after only to become closed TLDs: "generic words used in a generic way belong to all people. It is inherently in the public interest to allow access to generic new gTLDs to the whole of the Internet Community, e.g., .BLOG, .MUSIC, .CLOUD. Allowing everyone to register and use second level domain names of these powerful, generic TLDs is exactly what we envisioned the New gTLD Program would do. In contrast, to allow individual Registry Operators to segregate and close-off common words for which they do not possess intellectual property rights in effect allows them to circumvent nation-states’ entrenched legal processes for obtaining legitimate and recognized trademark protections." Other signatories include: [[Scott Pinzon]], former Director of ICANN; [[Kelly Hardy]], domain industry consultant; [[Frédéric Guillemaut]], MailClub.fr; [[Robert Birkner]], 1API GmbH; the whole letter can be seen [https://docs.google.com/document/d/1ZUNlookOWyaSW8lXfi_37zVFsVk9xcxncvmE0uwPEFY/edit here].

The largest applicant for closed gTLDs is [[Amazon]], and many worried that their applications to control a large number of generic terms would result in them circumnavigating traditional navigation for shopping online and give them an unfair competitive advantage. Another notable portfolio client with multiple applications for closed generic terms is [[L'Oréal]].<ref name="WTR">[http://www.worldtrademarkreview.com/daily/Detail.aspx?g=7be56061-2229-412c-8f71-55bc20932cd8&utm_source=buffer&buffer_share=c3e5d WorldTrademarkReview.com]</ref> In late 2012, Amazon and other companies that applied for closed-generic strings received a [[GAC]] Early Warning from GAC Chair, [[Heather Dryden]]. The early warning system is the work of an individual GAC member but signals that the larger GAC organization may later issue official advice recommending the rejection of the TLD application as-is by the [[ICANN Board]]. Those applicants that receive warnings are encouraged to work with the objecting representative. The German representative also raised issues with regards to closed generics.<ref>[http://www.name.com/blog/ntlds/2013/01/the-gtld-land-grab-controversy-google-amazon-and-the-gac-part-ii/ The gTLD Land Grab Controversy Google Amazon and the GAC Part II, Name.com] Pub 14 Jan 2013, Retrieved 6 Jan 2013</ref><ref>[https://gacweb.icann.org/display/gacweb/GAC+Early+Warnings GAC Early Warnings, GACweb.ICANN.org]</ref>

The largest applicant for closed gTLDs is [[Amazon]], and many worried that their applications to control a large number of generic terms would result in them circumnavigating traditional navigation for shopping online and give them an unfair competitive advantage. Other notable portfolio applicants with multiple applications for closed generic terms include [[L'Oréal]] and [[Google]].<ref name="WTR">[http://www.worldtrademarkreview.com/daily/Detail.aspx?g=7be56061-2229-412c-8f71-55bc20932cd8&utm_source=buffer&buffer_share=c3e5d WorldTrademarkReview.com]</ref> In late 2012, Amazon and other companies that applied for closed-generic strings received a [[GAC]] Early Warning from GAC Chair, [[Heather Dryden]]. The early warning system is the work of an individual GAC member but signals that the larger GAC organization may later issue official advice recommending the rejection of the TLD application as-is by the [[ICANN Board]]. Those applicants that receive warnings are encouraged to work with the objecting representative. The German representative also raised issues with regards to closed generics.<ref>[http://www.name.com/blog/ntlds/2013/01/the-gtld-land-grab-controversy-google-amazon-and-the-gac-part-ii/ The gTLD Land Grab Controversy Google Amazon and the GAC Part II, Name.com] Pub 14 Jan 2013, Retrieved 6 Jan 2013</ref><ref>[https://gacweb.icann.org/display/gacweb/GAC+Early+Warnings GAC Early Warnings, GACweb.ICANN.org]</ref>

Following further questions ICANN's New gTLD Program Committee looked at the issue. Information on their January meeting that was released in February 2013 shows that they were unclear how to even define a closed generic, what are the common attributes, what an appropriate remediation strategy would be, and further note that there is no violation taking place between the applications and the Applicant Guidebook, and they therefore have no room to comment or change policy without further direction from a policy development process started in the [[GNSO]]. Still, they opened up a public comment period on February 5th, 2013, to ascertain opinions on what a closed generic is, and what are the criteria for which a proposed registry can operate a "closed" or "open" string.<ref>[http://www.icann.org/en/news/announcements/announcement-2-05feb13-en.htm Announcement, ICANN.org]5 February 2013</ref>

Following further questions, ICANN's New gTLD Program Committee looked at the issue. Information on their January meeting that was released in February 2013 shows that they were unclear how to even define a closed generic, what its common attributes are, what an appropriate remediation strategy would be, and they further note that there is no violation taking place between the applications and the Applicant Guidebook, and therefore have no room to comment or change policy without further direction from a policy development process started in the [[GNSO]]. Still, they opened up a public comment period on February 5th, 2013, to ascertain opinions on what a closed generic is, and what the criteria are for when a proposed registry can operate a "closed" or "open" string.<ref>[http://www.icann.org/en/news/announcements/announcement-2-05feb13-en.htm Announcement, ICANN.org]5 February 2013</ref>

Objections to closed generics have come from [[Microsoft]], who notes the danger they pose to competition on the Internet, and an online petition started by Tom Gilles of NewgTLDsite.com.<ref name="WTR"></ref><ref>[http://www.thedomains.com/2013/02/06/microsoft-is-latest-to-come-out-against-closed-generic-new-gtlds-in-letter-to-icann/ Microsoft is Latest to Come Out Against Closed Generic New gTLDs in Letter to ICANN, TheDomains.com] Published and Retrieved 6 Feb 2013</ref>

Objections to closed generics have come from [[Microsoft]], who notes the danger they pose to competition on the Internet, and an online petition started by [[Tom Gilles]] of NewgTLDsite.com.<ref name="WTR"></ref><ref>[http://www.thedomains.com/2013/02/06/microsoft-is-latest-to-come-out-against-closed-generic-new-gtlds-in-letter-to-icann/ Microsoft is Latest to Come Out Against Closed Generic New gTLDs in Letter to ICANN, TheDomains.com] Published and Retrieved 6 Feb 2013</ref>

In mid-February 2013, it was announced that an applicant represented by industry lawyer [[Philip Corwin]] would be bringing contacting and lobbying lawmakers in Washington and Brussels, or raising litigation, against Google. The applicant in question remains unknown though is in contention with [[Google]] for at least one TLD. It is not in contention with Amazon, which has in fact applied for many more closed TLDs than Google. The issue at hand is the competition advantage that Google has, given its search dominance and its ownership of sites such as youtube. Therefore, its applications for .film, .movie, .mov, .live, .show and .tube could all be used to create market dominance within the online video and content streaming markets.<ref>[http://domainincite.com/11861-mystery-gtld-applicant-to-take-google-fight-to-lawmakers Mystery gTLD Applicant to Take Googe Fight to Lawmakers, DomainIncite.com] Published 13 Feb 2013, Retrieved 14 Feb 2013</ref>

In mid-February 2013, it was announced that an applicant represented by industry lawyer [[Philip Corwin]] would be contacting and lobbying lawmakers in Washington and Brussels, or raising litigation, against Google. The applicant in question remains unknown though it is in contention with [[Google]] for at least one TLD. It is not in contention with Amazon, which has in fact applied for many more closed TLDs than Google. The issue at hand is the competition advantage that Google has given its search dominance and its ownership of sites such as youtube. Therefore, its applications for .film, .movie, .mov, .live, .show and .tube could all be used to create further market dominance within the online video and content streaming markets.<ref>[http://domainincite.com/11861-mystery-gtld-applicant-to-take-google-fight-to-lawmakers Mystery gTLD Applicant to Take Googe Fight to Lawmakers, DomainIncite.com] Published 13 Feb 2013, Retrieved 14 Feb 2013</ref>

==References==

==References==

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[[Category: Glossary]]

[[Category: Glossary]]