.fail

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Status:	Delegated
Registry Provider:	Demand Media
Type:	Generic
Category:	Technology
PIC Submitted:	Download Here
Priority #:	990 - Donuts (Atomic Pipe, LLC)

.fail is a gTLD that was proposed in ICANN's New gTLD Program. The applicant and now Registry Operator is Donuts (Atomic Pipe, LLC). Their application succeeded and was delegated to the Root Zone on 23 April 2014.

Background

The application was subject to a GAC Early Warning from the representative of Australia and GAC Chair, Heather Dryden. The warning system is noted as a strong recommendation on behalf of national governments to the ICANN Board that a given TLD application should be denied. The warning states that the string .fail is of a high critical nature and that Donuts has not adequately addressed the possibility of a high number of Defensive Registrations.

Application Details

The following is excerpted from the applicant's response to question #18:

"ABOUT DONUTS Donuts Inc. is the parent applicant for this and multiple other TLDs. The company intends to increase competition and consumer choice at the top level. It will operate these carefully selected TLDs safely and securely in a shared resources business model. To achieve its objectives, Donuts has recruited seasoned executive management with proven track records of excellence in the industry. In addition to this business and operational experience, the Donuts team also has contributed broadly to industry policymaking and regulation, successfully launched TLDs, built industry-leading companies from the ground up, and brought innovation, value and choice to the domain name marketplace.

ABOUT DONUTS’ RESOURCES Donuts’ has raised more than US$100 million from a number of capital sources for TLDs. Our well-resourced, capable and skilled organization will operate these TLDs and benefit Internet users by:

1. Providing the operational and financial stability necessary for TLDs of all sizes, but particularly for those with smaller volume (which are more likely to succeed within a shared resources model); 2. Competing more powerfully against incumbent gTLDs; and 3. More thoroughly and uniformly executing consumer and rights holder protections.

THE .FAIL TLD This TLD is attractive and useful to end-users as it better facilitates search, self-expression, information sharing and the provision of legitimate goods and services. Along with the other TLDs in the Donuts family, this TLD will provide Internet users with opportunities for online identities and expression that do not currently exist. In doing so, the TLD will introduce significant consumer choice and competition to the Internet namespace – the very purpose of ICANN’s new TLD program.

This TLD is a generic term and its second level names will be attractive to a variety of Internet users. Making this TLD available to a broad audience of registrants is consistent with the competition goals of the New TLD expansion program, and consistent with ICANN’s objective of maximizing Internet participation. Donuts believes in an open Internet and, accordingly, we will encourage inclusiveness in the registration policies for this TLD. In order to avoid harm to legitimate registrants, Donuts will not artificially deny access, on the basis of identity alone (without legal cause), to a TLD that represents a generic form of activity and expression.

.FAIL will be utilized by registrants seeking new avenues for expression on the Internet. There is a deep history of progressivity and societal advancement resulting from the online free expressions of criticism. Individuals and groups will register names in .FAIL when interested in criticizing, editorializing, providing input or satire, interacting with other communities, and publishing commentary. We would operate this TLD in a secure, stable manner and in the best interest of global registrants.

DONUTS’ APPROACH TO PROTECTIONS No entity, or group of entities, has exclusive rights to own or register second level names in this TLD. There are superior ways to minimize the potential abuse of second level names, and in this application Donuts will describe and commit to an extensive array of protections against abuse, including protections against the abuse of trademark rights.

We recognize some applicants seek to address harms by constraining access to the registration of second level names. However, we believe attempts to limit abuse by limiting registrant eligibility is unnecessarily restrictive and harms users by denying access to many legitimate registrants. Restrictions on second level domain eligibility would prevent law-abiding individuals and organizations from participating in a space to which they are legitimately connected, and would inhibit the sort of positive innovation we intend to see in this TLD. As detailed throughout this application, we have struck the correct balance between consumer and business safety, and open access to second level names.

By applying our array of protection mechanisms, Donuts will make this TLD a place for Internet users that is far safer than existing TLDs. Donuts will strive to operate this TLD with fewer incidences of fraud and abuse than occur in incumbent TLDs. In addition, Donuts commits to work toward a downward trend in such incidents.

OUR PROTECTIONS Donuts has consulted with and evaluated the ideas of international law enforcement, consumer privacy advocacy organizations, intellectual property interests and other Internet industry groups to create a set of protections that far exceed those in existing TLDs, and bring to the Internet namespace nearly two dozen new rights and protection mechanisms to raise user safety and protection to a new level."

Contract Signed

On 6 March 2014 Donuts received a Registry Agreement signed by ICANN for .fail after passing all the required processes needed to become a Registry Operator for the string.

Delegation and Availability

.fail was delegated to the Root Zone of the DNS on 23 April, 2014, completing the successful application for the string.