Manwin owner of YouPorn.com just filed a comment with ICANN Objecting To ICM’s Application to operate the new gTLD’s .Sex, .Porn & .Adult.
ICM is the operator of the .XXX TLD.
Like the FSC yesterday, Manwin objected just to the applications filed by ICM not the application to operate .Sex filed by Internet Marketing Solutions Limited.
In its comment, Manwin Licensing International S.à.r.l. writes they own and license trademarks and domain names used for many popular adult websites, including YouPorn.com. ”
“Manwin objects to the application for the proposed .porn, .sex, and .adult TLDs.”
“The adult entertainment community overwhelmingly opposes new TLDs connoting or intended for adult content. There is already plenty of opportunity for creating, and robust competition among, adult websites in existing TLDs; no one can argue that there is a lack of adult internet content or that new adult sites are not readily established. While there is thus no benefit to the proposed TLDs, they pose a serious risk of censorship. The availability of exclusively adult-content TLDs encourages legislative measures (of the kind promoted in the past) requiring that adult content reside only on such TLDs, making blocking/censoring adult content much easier.”
“Also, the new TLDs would impose large and unnecessary “deadweight” costs on adult and non-adult businesses alike.”
“Businesses would be forced to purchase “defensive” or “blocking” registrations to prevent cybersquatting and other misuses of their trademarks, domain names and other intellectual property in these TLDs. The need for such defensive registrations is particularly acute in adult content TLDs. Non-adult businesses want to avoid association with such TLDs. Adult businesses face serious risks that their brands will be diluted by others using their names in TLDs intended for precisely the kind of adult content these businesses already distribute.”
“The deadweight defensive registration costs such TLDs would impose will be exacerbated by the lack of competition for the registry contracts at issue. Whoever is awarded these TLDs will, if permitted, charge supracompetitive prices for defensive and other registrations. ICANN’s Bylaws require ICANN to “depend[] on market mechanisms to promote and sustain a competitive environment.” Only competition among potential registries, or appropriate price caps, will prevent price gouging by these new TLDs.”
“All but one of the applicants for these adult TLDs are subsidiaries of ICM Registry, LLC, the operator of the .XXX registry. It has been widely reported that ICM has sought approval of adult TLDs particularly to exploit the need (and to charge unreasonable monopoly prices) for defensive registrations in such TLDs. See, e.g., Terry Baynes, Businesses in U.S. complain of .xxx shakedown, Reuters, August 15, 2011. ICM should not be permitted to do so again.”
“New adult TLDs will increase the likelihood that ICM and its subsidiaries will monopolize adult-content websites. This could occur not only through legislative efforts but through “network” effects. (Under this well-known economic phenomenon, users expecting to find adult content on sites with adult TLDs will migrate to those TLDs, attracting more adult providers, drawing more users, and so on — eventually resulting in monopoly.) ”
“Based on ICM’s conduct to date, ICANN should not trust ICM to operate such a monopoly. The potential for such a monopoly makes competition and/or price caps particularly important for any adult TLDs.”
Manwin is currently in ligation with ICM and ICANN over the .XXX TLD.
Manwin uses the “tube” sites to destroy their competition on the “legit content” side.It would throw a serious wrench into what has turned out to be a solid “strategy” for them. Of course they’re gonna fight the new adult tld’s where they don’t have a stake.
But it should be noted that Manwin could have applied for .sex, .porn, .adult or anything else they wanted to in the new gTLD program.
Moreover there was a period of a few years they might have been able to put a competing application into ICANN for .XXX before it was awarded
I’m a little tired of commenting on this, but since Manwin et al continue to mislead, I’ll continue to speak out.
First, to Mr. Berkins’s comment. Manwin missed the boat with .XXX. Yes, they could have applied for that extension, but they didn’t want to invest the millions of dollars, or the many years it would take, to get the extension approved. As you know, ICM Reg took a risk, as did early investors like Frank Schilling, while Manwin just sat on the sidelines and complained. They can’t change their tune now by applying for new adult-related extensions. Doing so would prove them to be the hypocrites they are.
Second, this is about competition, not freedom of speech. As Mr. Domain notes above, Manwin has done a good job of beating down the competition on existing gTLDs. Namely, .COM. The introduction of .XXX represents an alternative/competing platform. That’s why they opposed .XXX. That’s why they oppose the other adult-related gTLDs. Adult content on existing gTLDs is not going away. So why is Manwin so threatened? It’s all smoke and mirrors.
Manwin speaks out of both sides of it’s mouth. On the one hand, they claim ICM Reg and .XXX could potentially monopolize adult content online. On the other hand, they claim .XXX has no support from the adult community and is doomed to fail. Well, which is it Manwin?! If .XXX is doomed to fail why are your knickers in a knot? Just let it fail. It’s clear that Manwin is concerned about it’s own agenda and the threat of competition on entirely new, adult-specific, platforms. This is evidenced as .XXX gains traction. Many .XXX adult sites, which are up and running, are highlighted at the ICM Reg website.
The following quote has to be the most damning evidence against Manwin. It’s right from the horse’s mouth, in their lawsuit against ICM Reg.. It clearly states Manwin’s true agenda. Which is about competition, NOT freedom of speech.
“New adult TLDs will increase the likelihood that ICM and its subsidiaries will monopolize adult-content websites. This could occur not only through legislative efforts but through “network” effects. (Under this well-known economic phenomenon, users expecting to find adult content on sites with adult TLDs will migrate to those TLDs, attracting more adult providers, drawing more users, and so on — eventually resulting in monopoly.)”
Third, this business of cost. Every .XXX domain I own was purchased for $69 or $79. Granted, if you wanted to buy sex.xxx from ICM Reg you would pay a pretty penny. But I got very good domains for the aforementioned prices. Companies like Manwin make tens of millions of dollars a year. They could not afford $69 – $79 to buy their .XXX domains? $99 if you go with GoDaddy. Heck, even if you add $200 for the sunrise period (now long over) what’s the big deal? Yes, .XXX is selling for a premium over .COM, but at $69-$99 it’s hardly prohibitive.
Sorry Manwin. You’re a pot calling the kettle black. You want to monopolize adult content on existing gTLDs as much as possible, then whine and moan when an entirely new platform comes along. Your agenda is completely transparent.
Paul
Its Berkens
P.S. ICM Reg has stated that all owners of .XXX domains will be granted their respective .SEX, .ADULT and .PORN domains automatically should they be approved. In other words, if you want to operate your .XXX site as one of the new adult extensions, for a nominal fee, you can. If you chose not to, no one else can buy your domain in .SEX, .ADULT or .PORN formet. It’s blocked. So there is NO additional cost to .XXX owners for these new extensions unless you chose to use them.
Personally, I don’t see the need for additional adult extensions beyond .XXX. But companies like Manwin are opposed to ALL adult related extensions. To include .XXX.
@ Micheal Berkens
Sorry for the typo.