Paul, there already has been considerable discussion on this very
subject - the list archives of early 2002 or thereabouts should find it.
Infortunately I don't have the exact references for you.

In essence, though, you cannot sell a domain name per se - but you can
sell the entity that owns the licence, and thereby the domain name with
it.

What I'm not clear about, however, is what happens in this scenario:

I run a business called Smelly Sox Pty Ltd, and I do a roaring trade in
second hand hosiery from my website www.smellysox.com.au.  I want to
sell that website, and the business it generates, to Sports Footwear Pty
Ltd.  With or without my permission, Sports Footwear Pty Ltd registers a
business name Smelly Sox Online.

Question:  Can I "sell" or otherwise transfer the _business_ of Smelly
Sox Pty Ltd, but not the Company as such, thereby smellysox.com.au to
the business name Smelly Sox Online, who qualifies as a  registrant for
smellysox.com.au, but nevertheless owned by Sports Footwear Pty Ltd?

If not, can Smelly Sox Pty Ltd register the business name Smelly Sox
Online, make that the registrant (as it's a wholly owned trading name of
the original registrant), then sell that trading name to another party,
complete with its domain?

Legal eagles - any comment?

Ron Stark

> -----Original Message-----
> From: DVDs - Paul [mailto:paul§dvds.com.au] 
> Sent: Tuesday, 2 December 2003 7:49 PM
> To: dns§lists.auda.org.au
> Subject: [DNS] ebay auctions
> 
> 
> re : ebay auctions
> 
> 
> I feel there should be some method in which you can sell a 
> website that you have taken years to build up to be a 
> successful equity in which obviously the domain goes hand in 
> hand (would be worthless without).
> 
> But to blatantly offer for auction a domain with no adjoining 
> website is a different situation.
> 
> PJ.
>