Ron,
Larry says a fine is the answer I don't know how a private not for
profit company can impose a fine I thought that was the role of
government to pass those sort of laws. Am I missing something here?
Rod


Ron Stark wrote:
> Larry,  judging  by your many comments on Nick Bolton you see nothing remiss
> in his (or, more accurately, a Company he owns and runs) actions.  One could
> easily extrapolate that and draw the conclusion that there's a substantial
> ethical and moral alignment between you both on the way you conduct
> business.
> 
> 
> Given that you've emerged as something of a fan, why don't you offer him a
> directorship and senior mamagement role in one of your businesses?  
> 
> 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: Wednesday, 30 September 2009 10:44
> To: Kim Davies
> Cc: '.au DNS Discussion List'
> Subject: Re: [DNS] Bottle breaches policy
> 
> ...and Kim, we (as in Netregistry) have been threatened with
> de-accreditation a number of times by auDA over matters that didn't warrant
> it. Silly, trivial procedural things that are obviously going to be resolved
> without waving the "big stick". As a matter of style, I personally feel you
> wave the big stick only at moment before you strike, not as a threat to
> enforce compliance. That's called a bullying autocracy.
> 
> Whether Bottle's actions warrant de-accreditation or not is what the court
> determined. They determined that auDA had both the right and acted in good
> faith in doing so. They did not find that de-accreditation was the
> appropriate action (as compared to a financial penalty, or enforced training
> or a gulag-style labor camp).
> 
> I have maintained from the start that auDA's actions were reckless and
> damaged the stability of .au in contravention of auDA's objective as the
> confusion to registrants (remember them) could have been easily mitigated by
> having this court action before hooking them into the bunfight. That's the
> main point here. As it happens, I think a - say - $500k fine would have been
> a more appropriate penalty - and more in keeping with maintaining stability.
> A fine would send a strong message, would have resulted in modified
> behaviour, and would not have damaged an asset and the employment and
> service it provides.
> 
> Moreover, given auDA's reasons for de-accreditation, it is clear the issue
> they have is with Nick Bolton and the actions he has personally undertaken.
> So now we have the position that Bottle can't be a registrar because it's
> run by Nick, yet Domain Central can, despite being run by Nick. That seems a
> little weird.
> 
> 
> Regards,
> 
> Larry Bloch 
> 
> Direct:              (02) 9934-0536
> Mobile:            (0411) 545-118
> Personal Fax:   (02)  8079-0741
> 
> 
> -----Original Message-----
> From: Kim Davies [mailto:kim§cynosure.com.au] 
> Sent: Wednesday, 30 September 2009 8:30 AM
> To: Larry Bloch
> Cc: '.au DNS Discussion List'
> Subject: Re: [DNS] Bottle breaches policy
> 
> Quoting Larry Bloch on Tuesday May 12, 2009:
> | 
> | 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.
> 
> Apparently the Victorian Supreme Court thinks it was warranted.
> "[Bottle] demonstrated an extraordinary indifference to the effect of
> credit card fraud upon its victims." I am no lawyer but that sounds like
> pretty strong language.
> 
> http://www.austlii.edu.au/au/cases/vic/VSC/2009/422.html
> 
> kim
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