>Which means every reseller of .com.au domains must advertise Melbourne
IT
>
>on each of their web pages.

...given that every registrant of a .com.au domain name is entering into
a contract with the administrator (at this point Melbourne IT) surely they
have a legal right to know who they are contracting with.



>-- Original Message --
>Reply-To: dns§lists.auda.org.au
>Date: Fri, 22 Mar 2002 14:59:11 +1100
>To: dns§lists.auda.org.au
>From: Peter <peter&#167;instra.com.au>
>Subject: Re: [DNS] Provisionally Accredited Registrars and Interim Code
>  of Practice
>
>
>Neale
>
>As one of the people involved I have executed a Registrar Agreement and

>would be delighted to execute the Provisional Code Of Conduct. However
-
>in 
>my view - the code is seriously flawed.
>
>The first sentence of clause 2 reads:
>"Registrars and resellers should refrain from registering domain names
on
>
>their own
>behalf, or on behalf of any director, officer, employee or agent of such
>
>registrar or
>reseller. "
>
>It is a stand-alone sentence with no qualification - the qualifications
in
>
>the second part of clause 2 are entirely acceptable to me - these are:
>"Further, registrars and resellers shall not engage in Frontrunning. For
>
>purposes
>hereof, "Frontrunning" shall mean employing a process designed to anticipate
>a
>consumer's preference for a domain name (via sniffing of WHOIS data or

>other process),
>or otherwise obtaining specific information regarding such preference,
with
>
>the intent of
>registering such domain name on behalf of the registrar or reseller, or
any
>
>director,
>officer, employee or agent of the registrar or reseller, and subsequently
>
>registering that
>domain name on behalf of the above parties"
>
>If I am to abide by the first sentence I shall not be able to register
a
>
>domain on my own behalf... a restriction which is clearly  unintended but
>
>is nevertheless unambiguous. In honesty I cannot execute an agreement 
>knowing that I will break it - at least two companies under my control
will
>
>require additional domains in the coming weeks.
>
>I have taken this up in writing with auDA to try to get sentence 1 removed.
>
>Clause 3 is also flawed - but if I have to I could live with it. Clause
3
>
>reads:
>"3. Disclosure of Registrar Identity
>With regard to registrations of domain names initiated at web sites 
>operated by resellers,
>the identity of the registrar must be explicitly and conspicuously 
>disclosed to the
>registrant prior to the completion of the registration."
>
>Which means every reseller of .com.au domains must advertise Melbourne
IT
>
>on each of their web pages.
>
>I hope this clarifies why several of us who read the detail have declined
>
>to accept the provisional code which will in any case be out of date before
>
>we become fully accredited.
>
>Peter Dean
>Chairman - The Instra Group
>Director - auDA
>Note My views are my own and are not necessarily the views of the 
>organisations mentioned above.
>
>
>
>At 01:50 PM 3/22/02 +1100, you wrote:
>>On Fri, 22 Mar 2002, Chris Disspain wrote:
>>
>> > Please see the policy clarification at
>> >
>> >
>> >
>> > http://www.auda.org.au/docs/para5.3.pdf
>>
>>Snippage therefrom:
>>
>>2.3     Therefore, auDA has issued this document to clarify that paragraph
>>5.3 requires
>>that all Provisionally Accredited Registrars who wish to use the fact
of
>>their
>>Provisional Accreditation in their promotional material, must abide by
the
>>Interim
>>Code of Practice.
>>
>>Is it intentional that this para does not say "must *AGREE TO* abide
>>by..."?
>>
>>Regards,
>>Neale.
>>
>>
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>
>
>
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