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Old 11-18-2011, 04:21 AM   #1
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:stop ZDNet: Dot-XXX: A Business Built On Fear

http://www.zdnet.com/blog/violetblue...n-over-xxx/811

Quote:
The company behind major porn sites including YouPorn, PornHub, Brazzers, Xtube and Playboy.com have been joined by adult industry powerhouse Digital Playground to file an anti-monopoly lawsuit against ICANN over the dot-XXX TLD.

Luxembourg-based Manwin and Digital Playground are suing both ICANN and the company that created and manages dot-XXX, ICM Registry. ICANN is the non-profit that, among other things, oversees the management of the top-level domain name space.

Manwin and Digital Playground want an injunction to stop the .XXX TLD and require its re-opening with competition and ?reasonable price constraints.?

Aside from that, if their allegations against ICANN are anywhere near true, I think this case could impact the entire domain name system and how it is run.

The lawsuit was filed yesterday, November 16 in the U.S. District Court of California stating that both ICANN and ICM Registry have engaged in,

(?) monopolistic conduct, price gouging, and anti-competitive and unfair practices, broadly harming competition, businesses, and consumers, arising out of the establishment of .XXX, a new Top-Level Domain Name (?TLD?) intended for adult-oriented content.

Oh, snap. Big Porn has officially opened 44 pages of anti-monopoly Federal lawsuit whoopass on ICM and ICANN.

But it?s really quite serious. In the 44-page suit Manwin and Digital Playground allege,

ICM initially attempted to coerce ICANN to approve the .XXX TLD and to approve ICM?s anti-competitive .XXX registry services.

That coercion took the form of misleading predatory conduct and aggressive litigation tactics, described more fully below.

Eventually, ICANN agreed to approve the .XXX TLD, and to approve ICM as the XXX registry, not only in response to those improper and coercive tactics but also because ICM promised to pay ICANN what is expected to be millions of dollars in fees.


The full text of the lawsuit can be read in Manwin DP vs. ICM ICANN .PDF (link is to file hosted on a NSFW website).

* Related: The future of vanity TLDs: Porn?s .XXX business plan
* Read more: XXX marks the lawsuit from peeved porn giant (CNET)

ICM is shrugging off the suit?s sentiments. In a statement on The Domains ICM was quoted as saying, ?ICM Registry will vigorously defend their position against any merit-less claims such as this one.?

The offhanded response should come as no surprise to anyone following the dot-XXX saga. ICM has pretty much always considered the porn industry?s concerns to be without merit - especially any concerns that might get in the way of ICM making money.

ICM Registry pressured ICANN for 10 years to pass .XXX, with ICANN repeatedly rejecting the proposed TLD for lack of demonstrated community and failure to prove an ?unmet need? for the extension, among other reasons.

ICM had originally positioned dot-XXX to ICANN as working in concert with full support of the pornography industry and full support from anti-porn ?family? groups.

The porn industry banded together along with anti-porn ?family? groups to publicly deny any support of .XXX and opposed it in a variety of ways. Human rights organizations were against it as well.

In July, porn industry leaders and an expert panel held a business summit with .XXX?s Vaughn Liley to form the adult industry?s business plans for the new TLD; Liley was to meet with porn industry leaders and ?win hearts and minds.?

The discussion amounted to an hour of Liley?s obfuscating answers about the implementation and administration of .XXX, his reluctance to deliver clear answers on brand registration questions, and increasing ad hominem attacks on fellow panelists.

During the summit, ICM?s rep was repeatedly called out on inaccuracies and self-contradictions including one made later regarding Twitter?s potential participation in .XXX.

Attending businesses left the summit expressing that there were few reasons to buy a .XXX domain other than in self-defense.

Dot-XXX: A Business Built On Fear

Non-porn entities are defensively registering .XXX names to block them out of fear. Recent headlines report that colleges and schools have felt compelled to make sure there are no confusing, unwanted and possibly reputation-damaging triple-X versions of their educational institutions coming up in future search results (or worse).

I have to say, if that?s the business plan it?s a brilliant - if evil - one. Just think of how much would be made if someone could bluster ICANN into approving .PEDO.

* Read: Schools, universities snap up .xxx domain names
* See also: .XXX domain approved: Now begins the era of meaningless TLDs

If you are like me and feel grossed-out that this is happening to notoriously cash-poor schools (and I?m very pro-porn, mind you), you have a taste of what those in the actual, -and I?ll add legal - adult internet space are facing right now.

For trademarked brands it is $300 to purchase a 10-year block, and right now lots of non-porn companies have poneyed up the money believing that it will be cheaper than dealing with even a single problem once it occurs.

And we all know that problems will absolutely occur. Because of this, non-adult businesses are buying dot-XXX domain blocks by the score, paying ICM Registry what amounts to wheelbarrows of cash for the privilege. (Disclosure: I hold a Federally trademarked brand and have filed to block the single instance of the name allowable by ICM Registry at this time.)

In some instances, domain names that adult businesses thought they had rights to may have been reserved by ICM for auction to the highest bidder.

I wonder if that?s the case with gay.xxx which has already sold for $500,000, and poor-taste porn terms that are selling for $200,000.

Unfortunately, business owners could only block registered trademarks during ICM?s ?Sunrise B? period (e.g., not even pending TM applications).

Assuming you are not a member of the ?sponsored adult entertainment community,? the period for defensive registrations to block domain names which are not registered trademarks begins on December 6. It is first-come, first-served, so it?s good luck in anticipation of that Dec. 6 date.

Interestingly, registrants of names in .XXX must waive legal rights and claims against ICM as a condition of registering.

ICM?s Stuart Lawley bragged to Bloomberg that ICM is set to make at least $200 million a year, and he predicts to snag between 3 and 5 million registrations.

In regard to its lawsuit, Manwin told the Wall Street Journal the dot-XXX domain creates ?an unnecessary cost on everybody, without any benefit for the adult entertainment community.?

Basically, these pornography giants are holding ICANN responsible for the whole dot-XXX mess.

I think that Manwin and Digital Playground have a lot more properties, position, and resources than the press I?m seeing is giving them credit for. People forget that porn is a business like any other.

While ICM might be playing off the lawsuit as fluffy meritlessness to the press, ICANN still has yet to comment.
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Old 11-18-2011, 04:36 AM   #2
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If anyone has to the money to tackle this, it would be Manwin.
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Old 11-18-2011, 04:46 AM   #3
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well from what i gather they have been sugesting non porn firms buy .xxx to prevent porn sites cyber squating.

i suspect most of the 80,000 sales have been to non porn sites.

these have been sold on fear. buy or loose out.
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Old 11-18-2011, 04:56 AM   #4
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Great article..
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Old 11-18-2011, 04:57 AM   #5
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Here is one big FUCK YOU to Stuart Lawley and ICM!!!!!
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Old 11-18-2011, 05:57 AM   #6
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Old 11-18-2011, 06:02 AM   #7
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well from what i gather they have been sugesting non porn firms buy .xxx to prevent porn sites cyber squating.

i suspect most of the 80,000 sales have been to non porn sites.

these have been sold on fear. buy or loose out.
Right on the money
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Old 11-18-2011, 06:41 AM   #8
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I hope they sort this out. This .xxx shit didn't play out nice at all.
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Old 11-18-2011, 07:42 AM   #9
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.xxx never had any real purpose except to make money for Lawley and ICM.

No benefit (none, nada, zero, zip), to either consumers or the adult industry.

No positive impact on protecting children or any other segment of the internet.

Be interesting to see if the mainstream media picks up on this.
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Old 11-18-2011, 07:55 AM   #10
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it's not just lawley it's dumas too. i can't stand dumas. fuck him
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Old 11-18-2011, 08:13 AM   #11
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it'd be nice, too, if manwin & dp boycotted the female talent that openly support .xxx like nikki delano. just read her twitter @nikkidelano
that is a reasonable idea.
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Old 11-18-2011, 08:30 AM   #12
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it'd be nice, too, if manwin & dp boycotted the female talent that openly support .xxx like nikki delano. just read her twitter @nikkidelano
that is a reasonable idea.
ds
You mean the ones the ICM bribed with a free .xxx domain?
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Old 11-18-2011, 08:39 AM   #13
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Here is one big FUCK YOU to Stuart Lawley and ICM!!!!!
and don't forget about ICANN or this Joan Irvine bitch, too....

This will be very interesting to see how scum bag lawley like's the dull end of the fuck stick. He had no problem fucking this entire industry based on a bogus platform to "Protect the children".
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Old 11-18-2011, 10:02 AM   #14
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You mean the ones the ICM bribed with a free .xxx domain?
i don't know what they got in return. i think few (not all) porn whores know how the business works so they just jumped on what they thought was advantageous to them short term. the best way to show them that they were wrong is to not shoot these girls.
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Old 11-18-2011, 10:03 AM   #15
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and don't forget about ICANN or this Joan Irvine bitch, too....

This will be very interesting to see how scum bag lawley like's the dull end of the fuck stick. He had no problem fucking this entire industry based on a bogus platform to "Protect the children".
hopefully this whole thing gets exposed & everyone involved from alec helmy, to greg dumas, to lawley et al get run out of town like a western.
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Old 11-18-2011, 10:22 AM   #16
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well from what i gather they have been sugesting non porn firms buy .xxx to prevent porn sites cyber squating.

i suspect most of the 80,000 sales have been to non porn sites.

these have been sold on fear. buy or loose out.
Seems like it
"Dot-XXX: A Business Built On Fear

"Non-porn entities are defensively registering .XXX names to block them out of fear. Recent headlines report that colleges and schools have felt compelled to make sure there are no confusing, unwanted and possibly reputation-damaging triple-X versions of their educational institutions coming up in future search results (or worse)."

"I have to say, if that?s the business plan it?s a brilliant - if evil - one."

"Just think of how much would be made if someone could bluster ICANN into approving .PEDO."
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Old 11-18-2011, 10:38 AM   #17
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Then comes .porn .sex .gay .pussy and again, companies are going to have to protect themselves by spending tons of cash. Fuck ICANN and fuck .xxx!
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Old 11-18-2011, 03:08 PM   #18
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Then comes .porn .sex .gay .pussy and again, companies are going to have to protect themselves by spending tons of cash.
It all depends on how those tlds will be run.

Most registrars have been spamming their users with the message that it is in their best interest to pay the ICMs extortion.. euh I mean one-time block fee.

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Fuck ICANN and fuck .xxx!
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Old 11-18-2011, 03:11 PM   #19
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It would be fun if they ban xxx domain.
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Old 11-18-2011, 03:16 PM   #20
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Will be interesting to see how this all plays out.
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Old 11-18-2011, 03:18 PM   #21
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I didn't know all this when I purchased my 13 xxx domains. I want my god damn money back!!!
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Old 11-18-2011, 05:21 PM   #22
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Old 11-18-2011, 05:24 PM   #23
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Get back to work people...
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Old 11-18-2011, 05:42 PM   #24
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Here is one big FUCK YOU to Stuart Lawley and ICM!!!!!
I like how you think.
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Old 11-18-2011, 06:02 PM   #25
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Who knows... Maybe by the end of next year we will all be buying Nathan a beer and calling him a stand up kind of guy?
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Old 11-18-2011, 06:02 PM   #26
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I didn't know all this when I purchased my 13 xxx domains. I want my god damn money back!!!
Yeah, it was only last week that people started making valid arguments about why you shouldn't support .xxx ... not.
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Old 11-18-2011, 06:04 PM   #27
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Who knows... Maybe by the end of next year we will all be buying Nathan a beer and calling him a stand up kind of guy?
Not me yo! Can't say I'll stay away from the traffic though, I'm an admitted traffic junky. One step at a time though.
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Old 11-18-2011, 06:07 PM   #28
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Not me yo! Can't say I'll stay away from the traffic though, I'm an admitted traffic junky. One step at a time though.
My email is in my sig if you would like to have a conversation.
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Old 11-18-2011, 06:35 PM   #29
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Then comes .porn .sex .gay .pussy and again, companies are going to have to protect themselves by spending tons of cash. Fuck ICANN and fuck .xxx!
No

I suspect that unless .xxx gets on a lot of adult sites, then it will die out.

Unless they can convince us to buy in the next few weeks, they are dead in the water.

They bribed a few with free .xxx, but they did not work, and none of us thought, must buy.

Its clear they presumed adult biz sites would want .xxx, and ten years ago mabe. But today the .com is king. In fact .com is like usa, uk, russia, china, iran, india (and any big country you can think of) combined into one huge country. .xxx is like malta. by this .com is safe place to be, while i do not want to risk swimming over to malta for no reason at all.

soon the ladrush for .xxx is over. thats when things will show. unless people buy then its all over. its like .mobi was sold on the fact you needed it for a phone. not true. its the same as .xxx, its not needed.

the problem for those who buy .xxx is that will people (1) promote your site, or (2) trade with it. I am not going to promote any .xxx site. And I suspect others will not too. so even having one could be a disater.

of course those behind .xxx were just greedy. they presumed everyone would buy .xxx, so they put on a huge price. in truth if they had charged no more than for a .com then people would have bought them for the heck of it. they were very very foolish in charging such a huge cost.

now they are sending ot there little staff to try to get us to buy, by going on forums.

but as there effert seems low, i suspect they have given up on it.

the hope is cleat that firms will buy .xxx out of fear.

one question will be is who purchased all the expensive domains such as sex.xxx or whatever. one wonders if they were sold to thick greedy people who will later try to sell them but find no one wants them. or were they transfered into a sub compasny of .xxx hoping that by keeping some sites to one side it will bump up the cost and increase excitment in .xxx.

but whatever .xxx is a failed brand. it by definition cannot win. it has to fail.

we will see people trying to sell .xxx thinking they got a deal and can make a profit, but will have a shock when no one is interested.

as such .sex, .gay and so on, will be not even wanted, knowing .xxx failed.

that said if say .sex was sold cheaper than a .com it may have a chance.

but basicly its like putting a robin relient garage next to a bmw garage and charging more (robin relient being .xxx and bmw being .com).

the fact that .xxx representatives are clearly panacking and doing there best to push .xxx sugests that its failing sooner than even i would suspect it would.
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Old 11-18-2011, 06:41 PM   #30
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i don't know what they got in return. i think few (not all) porn whores know how the business works so they just jumped on what they thought was advantageous to them short term. the best way to show them that they were wrong is to not shoot these girls.
ds
I disagree. I think every model who signed on, caved in or was otherwise complicit should run the facialabuse/ghettogaggers/latinaabuse/blackonblackcrime gauntlet.
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Old 11-18-2011, 06:50 PM   #31
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I disagree. I think every model who signed on, caved in or was otherwise complicit should run the facialabuse/ghettogaggers/latinaabuse/blackonblackcrime gauntlet.
agreed!
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Old 11-18-2011, 06:53 PM   #32
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Yeah dude. ICANN has no chance. And the .xxx's will not be refunded.
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Old 11-18-2011, 06:54 PM   #33
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I disagree. I think every model who signed on, caved in or was otherwise complicit should run the facialabuse/ghettogaggers/latinaabuse/blackonblackcrime gauntlet.
to be fair, if your a model, i do not expect you to understand or even care what .xxx means.

to them its there name, so they think great.

the hope is that they then tell people and people think, .xxx is great.

in truth as a marketing stunt, it was smart. but they would have been smarter to have given everyone them at say $1 for a year. they would have sold millions. then a year later chances are 40% or more would re-new at fuill rate as they may be using the domains.

however they suck. and i will not touch one ever.
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Old 11-18-2011, 06:56 PM   #34
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Old 11-18-2011, 07:25 PM   #35
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occupy .xxx
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Old 11-18-2011, 08:43 PM   #36
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occupy .xxx
Hey! That one is still available!
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Old 11-18-2011, 08:47 PM   #37
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Quote:
Originally Posted by DVTimes View Post
to be fair, if your a model, i do not expect you to understand or even care what .xxx means.

to them its there name, so they think great.

the hope is that they then tell people and people think, .xxx is great.

in truth as a marketing stunt, it was smart. but they would have been smarter to have given everyone them at say $1 for a year. they would have sold millions. then a year later chances are 40% or more would re-new at fuill rate as they may be using the domains.

however they suck. and i will not touch one ever.
ohh totally. Porn whores are morons
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Old 11-18-2011, 10:23 PM   #38
pornmasta
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good news
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Old 11-19-2011, 12:42 AM   #39
epitome
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What's funny is *everybody* knows that this is nothing but a money grab.

The only real supporters are ICM and the few who drank the kool aid.

Even groups that hate the porn industry got on board to oppose it. That says leaps and bounds.
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Old 11-19-2011, 08:39 AM   #40
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What's funny is *everybody* knows that this is nothing but a money grab.

The only real supporters are ICM and the few who drank the kool aid.

Even groups that hate the porn industry got on board to oppose it. That says leaps and bounds.
true
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