The very nature of the courts is the appeals process so this whole thing could drag on for ages and I certainly wouldn't want to see that transpire. Larry Bloch wrote: > Rod, Ron, > > Overall, the outcomes for registrants of Bottle in this affair precipitated > by the actions of auDA have been far from ideal - as a result of actions of > both parties. > > Again, this transfer from one registrar to another initiated by Bottle may > or may not have breached the Registrar Agreement. Contracts are never > absolutely clear - that's why we have lawyers - to argue the wiggle room. > > If Bottle has advice that the transfer didn't breach their registrar > agreement and they are prepared to argue that in court, then where are > registrants left - in more limbo with two parties fighting over who should > be their provider. > > Yet again, I press my point that all this could have been avoided if auDA > had allowed these matters to be tested in court BEFORE de-accrediting > Bottle. That way there would be a legal outcome which both parties would > have to abide by and either no impact on registrants if Bottle won, or a > single, clear, unequivocal message if they had lost. > > This latest development and all the previous ones are highly undesirable and > reflect a regulator that believes there is no accountability for its > actions. A power unto themselves and damn the registrants or industry > players that serve as collateral damage to their pronouncements. > > Agreements need to be respected - definitely. We all have to be accountable > to the letter of that document. We all breach it unintentionally from time > to time as we all have employees that at some point or another misinterpret > or misunderstand some detail - and when that happens it is appropriate for > the regulator to maintain the integrity of the system - with proportionate > sanction if the breach is serious. But the regulator should be considering > the best interest of the end users of .au domains, and given the options, I > fail to see that it has discharged that duty in this Bottle case - and again > in this latest twist. > > Given the legal action underway, whats would have been the harm to make > their concerns known to Bottle for the record, but maintain the status quo > until the legal case finishes? This smacks of being a further hatchet job to > disenchant Bottle customers. > > Anyway, enough from me - my feelings on the matter are presumably clear. > Lets see what transpires - and hopefully we can get to a swift conclusion. > > > Regards, > > Larry Bloch > > -----Original Message----- > From: dns-bounces+larry.bloch=netregistry.com.au§dotau.org > [mailto:dns-bounces+larry.bloch=netregistry.com.au§dotau.org] On Behalf Of > Rod Keys > Sent: Tuesday, 12 May 2009 11:39 PM > To: .au DNS Discussion List > Subject: Re: [DNS] Bottle breaches policy > > Larry, > Bottle can have all the right t&c's in place that their customers agree > to when signing up but the fact is the registrar/auda contract is the > main document that bottle in all it's guises signed up to you can't > invent your rules without thinking about the rules of the business your > in. There is always someone who holds a bigger stick than you. > Understand the contract you signed and be bound by it that is why it's > there. I have to agree with Ron moving from one entity to another like > named entity only confuses domain name holders and is trying to move > assets to another entity to the determent of the registrant. > > > > Larry Bloch wrote: >> If a customer enters an agreement with a corporate entity that allows that >> entity to assign the benefit of the agreement to another entity, then > there >> s no issue if it does so. Presumably Bottle had such agreements or they >> wouldn't/shouldn't have done the assignment. Assumning they did have that >> right in their contract with the registrants, this transfer may not breach >> auDA policy, which applies to transfers from one registrar to another >> initiated by a reseller or a registrant. >> >> >> Regards, >> >> Larry Bloch | CEO | Online Growth Solutions Ltd >> >> Netregistry | PlanetDomain | NETT Magazine | Hostess >> >> Direct: 02 9641 8636 >> Mobile: 0411 545 118 >> Personal Fax: 02 80790741 >> Email: larry.bloch§netregistry.com.au >> >> >> T +61 2 9699 6099 | F +61 2 9699 6088| http://www.netregistry.com.au >> PO Box 270 Broadway, NSW 2007, Australia >> >> Domain Names | Email Solutions | Web Hosting | Dedicated Hosting | > eCommerce >> | Online Marketing >> >> >> -----Original Message----- >> From: dns-bounces+larry.bloch=netregistry.com.au§dotau.org >> [mailto:dns-bounces+larry.bloch=netregistry.com.au§dotau.org] On Behalf Of >> Ron Stark >> Sent: Tuesday, 12 May 2009 6:21 PM >> To: '.au DNS Discussion List' >> Subject: Re: [DNS] Bottle breaches policy >> >> I suspect it's rather more than simply transferring domain names. >> >> There is also the issue of transferring significant assets from one >> corporate entiry to another, without clients' permission. Can the >> registrant trust the new entity? Does it have substance? Does it have a >> track record? Or is it a manoevre to pre-emptiveley transfer assets? >> >> Given the litigation in progress I must admit that I'd be rather skeptical >> of Bottle's motives. >> >> Larry, I'm disquieted by your apparent support of what appears to be a >> blatant breach of contract. Do you allow your own customers to get away >> with it, if they happen to disagree with your rules? >> >> Ron Stark >> >> -----Original Message----- >> From: dns-bounces+ronstark=snapsite.com.au§dotau.org >> [mailto:dns-bounces+ronstark=snapsite.com.au§dotau.org] On Behalf Of Larry >> Bloch >> Sent: Tuesday, 12 May 2009 17:34 >> To: '.au DNS Discussion List' >> Subject: Re: [DNS] Bottle breaches policy >> >> Seriously, a transfer breach is a transfer breach - when we do it we all >> have to cop it. But if registrars think that they can rub their hands in >> glee over Bottle's de-accreditation by auDA, you should remember that it >> could be your business next. >> >> I'm on Bottle's side on this because it is bullying tactics, its > arbitrary, >> and it could be any one of us next. I'm not standing up for the rights of >> downtrodden registrars, I'm standing for the right of my business to not > be >> threatened by de-accreditation (and ensuing oblivion) over a matter that >> doesn't warrant it. I'm pretty bemused as to why I'm the only one. Surely >> you don't want a regulator that destroys businesses and employment with >> little notice for questionable reasons just because it can. >> >> If auDA is unaccountable, it will do as it pleases regardless of the >> consequence - because there will be no consequence. >> >> Regards, >> >> Larry Bloch | CEO | Online Growth Solutions Ltd >> >> Netregistry | PlanetDomain | NETT Magazine | Hostess >> >> Direct: 02 9641 8636 >> Mobile: 0411 545 118 >> Personal Fax: 02 80790741 >> Email: larry.bloch§netregistry.com.au >> >> >> T +61 2 9699 6099 | F +61 2 9699 6088| http://www.netregistry.com.au >> PO Box 270 Broadway, NSW 2007, Australia >> >> Domain Names | Email Solutions | Web Hosting | Dedicated Hosting | > eCommerce >> | Online Marketing >> >> >> -----Original Message----- >> From: dns-bounces+larry.bloch=netregistry.com.au§dotau.org >> [mailto:dns-bounces+larry.bloch=netregistry.com.au§dotau.org] On Behalf Of >> Rod Keys >> Sent: Tuesday, 12 May 2009 3:42 PM >> To: .au DNS Discussion List >> Subject: [DNS] Bottle breaches policy >> >> FYI >> >> http://www.auda.org.au/news-archive/auda-12052009/ >> >> Now we just have to sit back and watch Larry Blocks publicity machine do >> it's thing to stand up for the rights of downtrodden registrars. >> > --------------------------------------------------------------------------- >> List policy, unsubscribing and archives => http://dotau.org/ >> >> > --------------------------------------------------------------------------- >> List policy, unsubscribing and archives => http://dotau.org/ >> >> >> > --------------------------------------------------------------------------- >> List policy, unsubscribing and archives => http://dotau.org/ >> >> > --------------------------------------------------------------------------- >> List policy, unsubscribing and archives => http://dotau.org/ >> >> > > --------------------------------------------------------------------------- > List policy, unsubscribing and archives => http://dotau.org/ > > --------------------------------------------------------------------------- > List policy, unsubscribing and archives => http://dotau.org/ >Received on Tue May 12 2009 - 17:12:48 UTC
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