[DNS] Regarding cybersquatting

[DNS] Regarding cybersquatting

From: Jon Lawrence <jon§jonlawrence.com>
Date: Sat, 24 Sep 2005 14:30:55 +0100
What if the business name that's being sold was registered purely for the
purpose of registering the domain name in the first place (as many thousands
have been)?

And...why exactly why is it questionable for someone to sell a domain name
licence to another party (assuming they meet the eligibility requirements)?


Is there something intrinsicly good and wholesome about a business name
that ensures all is well in the world?  Last time I registered one (a few
years ago to be fair), it involved a pen, a form, 70 bucks and about 15
minutes of my time...I never fulfilled any of the requirements of the business
name registration itself but Fair Trading Victoria didn't seem to care...

Could it be that people actually believe this rather bold statement in the
latest auDA published policy...?

From: http://www.auda.org.au/policies/auda-2005-05/

<snip>
2.2 Because the registrant does not have a proprietary right in the domain
name, it is not legally possible for the registrant to "sell" the domain
name.
</snip>

Sorry, what?  There are dozens of examples of licences (phone numbers, car
licence plates & grand final tickets spring immediately to mind) where the
"licensee" holds no actual proprietorial rights in the item in question
yet they are able to legally sell their licence to use that particular number/plate/ticket
as they see fit.  To suggest that it is "not legally possible" to sell a
domain name is absurd.

Jon


>-- Original Message --
>From: "Dassa" <dassa&#167;dhs.org>
>To: "'.au DNS Discussion List'" <dns&#167;dotau.org>
>Date: Sat, 24 Sep 2005 20:51:46 +1000
>Subject: Re: [DNS] Regarding cybersquatting
>Reply-To: ".au DNS Discussion List" <dns&#167;dotau.org>
>
>
>|> -----Original Message-----
>|> From: dns-bounces+dassa=dhs.org&#167;dotau.org
>|> [mailto:dns-bounces+dassa=dhs.org&#167;dotau.org] On Behalf Of Ron Stark
>|> Sent: Saturday, September 24, 2005 7:09 PM
>|> To: '.au DNS Discussion List'
>|> Subject: Re: [DNS] Regarding cybersquatting
>|>
>|> Hi Bruce.  As a matter of interest I support some mechanism
>|> that simplifies domain name transfer.  My difficulty is in
>|> deciding where cyber-squatting ends and legitimate transfer
>|> begins.  Assessing "intent" is notoriously difficult and of
>|> necessity, subjective.
>
>As I understand it there are no obstructions to moving a domain name to
a
>new
>holder if it is part of a business sale/transfer.  It is only questionable
>if
>the domain name is being sold/transferred on it's own.  I don't have any
>problem with hostnames being sold as part of a business sale, just when
the
>hostname is the basis for the sale.
>
>Darryl (Dassa) Lynch
>
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Received on Sat Sep 24 2005 - 13:30:55 UTC

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