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Suggestions for how .xxx could be a success

  • To: xxx-revised-icm-agreement@xxxxxxxxx
  • Subject: Suggestions for how .xxx could be a success
  • From: Marc John Randazza <mjr@xxxxxxxxxxxx>
  • Date: Sat, 11 Sep 2010 06:56:03 -0700

I am agnostic about .xxx at this point. However, I would like to publicly comment on measures which, if adopted, might push me over the fence to supporting this proposal.

1) No passive holding of domains. You register it, you use it within 6 months or you lose it. Domain speculation is forbidden. A good model for this, the .edu TLD.

2) Pay per click sites are not "use," as required by Rule 1.

3) One exception: High value non-branded domains remain with the registry, but you can buy ads on them. discourage the industry from fighting over "tits.xxx." Registry keeps the plum "generic" domains for itself, and can sell ads to the highest bidders.

4) Set up a domain arbitration process that incorporates copyright protection. If a .xxx domain is used for a copyright infringement mill site, torrent site, or other content theft site, the .xxx registry will provide a quick and easy process to yank the site down.

5) Appoint a panel of domain name arbitrators to resolve .xxx disputes. Any .xxx dispute can be appealed to a three-member panel. Any arbitrator who is overturned three times gets pulled from the arbitrator list for a year.

6) Upon conclusion of a domain name arbitration, the winner is not forced to hold the domain. Winners of arbitration cases can deem the domain "blacklisted," never to be registered again unless the mark holder permits it. (Only applies to trademark violations). The current UDRP process is absurd. Cancellation of a domain name merely tosses it back out so that a drop catch service can pick it up.

7) Similarly, allow any existing adult site that does not want its .xxx variant to mark the site as "unregistrable." In other words, if xbiz doesn't want its xxx domain, then it can simply pay $1 to make the domain unregistrable. It would be reasonable to expect the party who wants to make a domain unregistrable to produce a valid trademark certificate or strong evidence of common law trademark rights.

8) Content with underage models or unwilling models is banned from the TLD. All models must be a) consenting and b) adults. Determinations of violations can be either in court proceedings or in an arbitration procedure as discussed in 4 & 5.

9) Web hosting companies that get caught with illegal tube sites hosted on them or other content theft sites get their domains revoked. We won't have these hosting companies burying their heads in the sand anymore - or they get tossed off the island. You'll find "repeat infringer policies" being enforced all of a sudden.

10) Charge $100 per year, not $60 per year. Put $50 per registration in a legal defense fund to fight any obscenity prosecution brought against a .xxx based website.




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