RE: [DNS] Fwd: Melbourne IT Ltd. | CONSUMER WARNING - Affecting your .com.au Domain Name

RE: [DNS] Fwd: Melbourne IT Ltd. | CONSUMER WARNING - Affecting your .com.au Domain Name

From: Mark Hughes <effectivebusiness§pplications.com.au>
Date: Mon, 8 Jul 2002 03:06:06 +1000
> auDA can't do anything about it because it  would, in the
> eyes of the public, be bad to remove a director that was
> elected by all those who are "suppliers" to the industry

Its pretty silly blaming the directors of auDA for not removing a particular
director - the directors don't have the authority.  The members do - and
they're the appropriate group to do so, since they elected the directors.
If anyone thinks a particular director should go, then they should initiate
the process.  It doesn't take much to become an auDA member.



> I don't think the remedy Instra gave when auDA first took them
> to task over www.aunic.net.au is good enough (that is, the link and the
> top sentence of the web page.)

It might be helpful if everyone understood the underlying legal principle
that individuals or entities who have been disadvantaged by deceptive
practices are the ones that can take action.  In general, if you're
unaffected by someone else's actions, then you can't complain about them
being deceptive.  If you think about it you'll see that its a pretty
sensible legal basis - otherwise all sorts of people would be able to make
frivolous claims about other entities even if those making the claim were
unaffected.

So if a consumer believes they have been disadvantaged in some way by
deception caused by the similarity between http://www.auregistry.net.au/ and
http://www.ausregistry.net.au/, they have grounds to take action.

And if a Registrar believes they have been disadvantaged in some way by
deception caused by the similarity between http://www.auregistry.net.au/ and
http://www.ausregistry.net.au/, they have grounds to take action.

But it's much harder for auDA or AusRegistry to claim they've been
disadvantaged, as those two entities loose no business / revenue due to the
existence of www.auregistry.net.au.



> Clearly auDA wasn't "fast enough" to BUY the names in ALL the name spaces
> it needed as it's own policies and politics demands.

auDA sensibly didn't try to buy the all the versions of auDA or AUNIC in all
the .au namespace.  There's no benefit to auDA in doing so.  Registering
every version of a domain name is a real 'loser's' strategy - but favourite
of those with a flawed understanding of the realities of domain name
dynamics.



Regards, Mark

Mark Hughes
Effective Business Applications Pty Ltd
effectivebusiness&#167;pplications.com.au
www.pplications.com.au
+61 4 1374 3959
Received on Fri Oct 03 2003 - 00:00:00 UTC

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