.music response to front-running & EOI process

[Constantine Giorgio Roussos <costa@xxxxxxxx>]

We feel that a $55,000.00 fee for the EOI is the minimum amount needed to
reflect a legitimate EOI process. The EOI must be binding, otherwise it
would serve no real purpose. It is nominal amount EOI fees that would in
fact promote front-running. If they are low amounts, prospective new TLD
speculators could place numerous EOIs with the aspiration that they would be
the sole entity responding in a locked EOI for that generic term. While do
not agree that  nominal fees should be granted for binding EOIs.

Any statement as to ICANN needing to conduct traditional market research and
outreach to ensure that the EOI accurately represents the level of interest
is remarkable. New gTLDs have been the topic of newspapers, webcasts, and TV
for years. This said, an open EOI window would allow even more notification
to any potential interested party.

Although we have seen .music used as an example of how accurate the EOI
would be, Music.us, in particular, has engaged in countless meetings and
calls with most of the community. We reach out to the global music community
daily, including working with various  government art councils. Our outreach
efforts have undertaken a true bottom-up approach, from the signatures for
our .music petition, to our wide reach social media outreach efforts. For
example, we have amassed over 115,000 band supporters on Myspace (
http://www.myspace.com/musicextension) and our twitter accounts alone have
over 300,000 followers (http://www.twitter.com/musicextension&;
http://www.twitter.com/musicextension/music). Moreover, outside of just
attending ICANN after ICANN, over the last years we have attended and
overtly networked at numerous major industry music conferences, such as
Midem, SXSW, Musexpo, Music Leadership Summit, Digital Hollywood, Digital
Music Forum West, Popcomm amongst others. Music.us was a public speaking
panelist at Harvard Business School; just co-sponsored ICANN Seoul; and and
is co-sponsoring and speaking at present music conferences such as this
Monday's San Francisco Music Tech Summit as well. (http://www..
sfmusictech.com).

We believe the gTLD movements by all applicants should be transparent and
open for feedback from all their respective communities. .music gTLD is of
great global significance and of public interest and have invited all for
feedback as well as forming a true rotating board representing the broad
spectrum of music stakeholder groups. If any initiatives or applicants
desiring the EOI are in "stealth" mode or "in hiding," it is not us. Perhaps
a different example should be chosen.

Along other lines, but within the scope of 'front-running,' we agree that
ICANN should impose rules against 'front-running' schemes for new TLDs,
particularly relative to "pre-emptive trademarking." Speculative trademarks
filed for non-awarded TLDs should bear no weight in the ICANN new TLD
process. We regrettably note that since ICANN Cairo, and before, several
companies/initiatives were constrained to defensively seek trademarks for
new TLDs after being faced by other companies/initiatives that secured
speculative trademarks in an attempt to front-run the system. Perhaps they
'hope' to 'benefit' in their application and/or from an objection position.
All new TLDs must be issued on the substantive merits of new TLD applicants
and their applications, and not by any front-running scheme.

We note that Antony Van Couvering, in Domain News Wire, said, “[w]e don’t
actually believe that they are necessary or even helpful, but we want to
avoid having to deal with someone else’s trademark-based claim in the event
that we decide to apply for one of these.” We share the same views as
Antony.

While we did and continue to find it doubtful and questionable whether any
of said "pre-emptive trademarking" will hold any weight in the new TLD
process, we recall an idea for a sixty (60) day relinquishment/penalty
concept that was raised in the past. We feel that this should be explored.
We want to do nothing but continue to participate in this process with best
intentions and utmost good-faith to bring the much-needed innovation for our
community.

Sincerely,

Constantine Roussos
CEO & Founder
.music
www.music.us

468 N. Camden Drive, Suite 12
Beverly Hills, CA 90210
Tel: +1 310 460 4745
Fax: +1 213 688 8900

19 Mesolongiou St
Limassol 3032, Cyprus
Tel: +357 25 374000
Fax: +357 25363193

Social Media:

- Twitter - @musicextension ( http://www.twitter.com/musicextension) & other
.music accounts ( http://twitter.com/musicextension/music)
- Myspace - Myspace.com/musicextension (
http://www.myspace.com/musicextension)
- Facebook Group: .music on Facebook ( http://www.musicfacebook.com)
- LinkedIn: .music on LinkedIn (
http://www.linkedin.com/in/constantineroussos)