RE: [DNS] Predatory business practice

RE: [DNS] Predatory business practice

From: Gunning, Patrick <Patrick.Gunning§msj.com.au>
Date: Wed, 5 Sep 2001 11:39:22 +1000
Mallesons Stephen Jaques
Confidential communication

If ING is engaging in misleading and deceptive conduct, auDA (or any of
ING's competitors, or even someone with no interest whatsoever in ING's
actions) can apply for an injunction to restrain ING from engaging in
such conduct.  So you don't need to rely on MIT to take action for
breach of contract (if there has been such a breach) or on the ACCC to
take it up.

My interest in domain names?  I am a solicitor who advises about domain
name and trade mark issues.

I haven't seen ING's documents, so I have no view on whether or not they
are misleading.

Patrick Gunning
Senior Associate
Mallesons Stephen Jaques Sydney
Direct line (61 2) 9296 2170
Fax (61 2) 9296 3999


-----Original Message-----
From: Chris Disspain [mailto:ceo&#167;auda.org.au]
Sent: Wednesday, 5 September 2001 9:30 AM
To: dns&#167;auda.org.au
Subject: RE: [DNS] Predatory business practice


Morning Everyone,

We do what we can. auDA blocked ING's access to WHOIS about 2 weeks ago.
At
present auDA has no other control over ING who are licensed to be
re-sellers
by Melbourne IT. Maybe Domainz action will persuade MIT to do something.

Regards

Chris Disspain
CEO - auDA
ceo&#167;auda.org.au
+61-3-9226-9495
www.auda.org.au


-----Original Message-----
From: DPF [mailto:david&#167;farrar.com]
Sent: Tuesday, 4 September 2001 19:41
To: dns&#167;auda.org.au
Subject: Re: [DNS] Predatory business practice

On Mon, 03 Sep 2001 10:11:01 +0800, Jim Birch
<jbirch&#167;multinode.com.au> wrote:

>DPF wrote:
>
><snip>
>>
>> They also are facing termination as an accredited .nz provider.
>>
><snip>
>
>WHY aren't they already terminated as an accredited com.au supplier?
>
>The industry is supposed to be  self-regulated, no-one wants them, they
are
clearly
>unethical, borderline illegal, they provide no advantage to Melbourne
IT
over other
>resellers, offer a significant chance of dragging the industry into
(further) disrepute
>when if they disappear leaving a bunch of people with worthless paid
ahead
domain names,
>so WHY are they still around?
>
>Melbourne IT are the de facto controllers of cum. name sales.  I cannot
see
why they
>won't act.

For those interested we announced the following today:

(Bad enough you guys beat us at rugby but you also give us your
spamsters :-)

Internet Domain Name Protection Pty Ltd
Domainz has received a large number of complaints from people and
organisations to whom Internet Domain Name Protection Pty Ltd have
sent correspondence with reference to existing .nz domain names.

In the view of Domainz, their action in sending out large numbers of
letters to Name Holders is contrary to their obligations under the
Domainz .nz Provider Agreement - in particular Clause 4.1, where they
have agreed not to act in a way that will be detrimental to the
integrity or the performance of the register or the Internet
generally, and to act in good faith towards Name Holders and others.
This view is supported by the level and nature of the complaints which
we have received.

Some complainants have asked whether letters from Internet Domain Name
Protection Pty Ltd correctly represent the position in relation to the
new domains, or may be misleading Name Holders.  Others believe that
they have used information in the register for a purpose which was not
intended. Regardless of how they obtained the information, Domainz has
no wish to be involved with accredited .nz service providers who
engage in such practices.

Domainz has exercised it's right under clause 10 of the agreement and
has suspended the right of access to Internet Name Protection Pty Ltd
as we have not received an explanation of how they are going to remedy
these breaches of their agreement and how they will mitigate the
damage which they have caused to the reputation of Domainz and its
accredited service providers in New Zealand.

DPF


--
David Farrar, Secretary, InternetNZ
secretary&#167;isocnz.org.nz or david§farrar.com

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Received on Wed Sep 05 2001 - 01:51:38 UTC

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