Re: DNS: Domain Registration in Australia

Re: DNS: Domain Registration in Australia

From: Ramin Marzbani <ramin§consultco.com.au>
Date: Wed, 18 Feb 1998 13:27:18 +1100
Boy am I glad i dont have a law degree here, but I am sure you guys must if
you see this as black & white.  
I think you are very much out of line in suggesting that 
""
> A loophole in the MelbourneIT rules is enticing ISP's to advise their
> customers to break the law to obtain the domain name of their choice.
""
maybe if you had a law degree you would not say such things, regardless of
how you or anyone else feels about this process or MelbourneIT.

Can i invite comments from Peter?

In addition, i disagree with yout "technically illegal" comment and Adam's
dismissive approach.  After all, if it is so Black & White, where are the
Sherriffs and their deputies?  where are the hadcuffs. there is no smoke and
i think no fire here guys.
ramin

Larry Bloch wrote:
> 
> Ramin
> You miss the point, which is that buying a business name SO THAT you can
> register a domain name doesn't constitute an intended use of that busines
> name for the purpose of profitable trade.
> 
> This is technically illegal.
> 
> Business Names are alternative identies for companies to use to trade. A
> loophole in the MelbourneIT rules is enticing ISP's to advise their
> customers to break the law to obtain the domain name of their choice.
> 
> Business Names do not exist as a means to obtain a desired domain name. And
> its riduculous that Australian companies have to resort to these extreme
> measures (and registration of a Business Name *without* the intent to trade
> profitably using that name is fairly serious), when 80% or more of all
> domains registered globally are not subject to these restrictions.
> 
> Larry Bloch
> 
> At 08:05 17/02/98 +1100, you wrote:
> >Adam
> >a mild disagreement.  there is no way that anyone can convince me that the
> >980,000-odd business names correspond 1-on-1 with domain names, even if it
> >was mandated that only the form wxy.john'stakeawayptylimited.com.au was
> >used.
> >
> >also, it cannot be totally illegal to register a business name to secure a
> >domain name.  why would that be? especially if the domain name helps your
> >business?  whilst use of a domain name does not imply trading under that
> >name.  For example, if amazon.com had not registered the business name
> >amazon.com corporation (i guess amazon corporation was already being used
> >by at least one other company), does that mean that amazon.com should cease
> >trading or change names.  Not.
> >
> >also, you say "> You are not suppose (sic) to use a Business Name as a form
> >of identity."  Please let me understand this.  What else is a business name
> >to be used for?
> >
> >Must have been the late night.
> >Hang Ten
> >Ramin
> >
> >
> >Adam Todd wrote:
> >>
> >> >> Where use for a domain name is concerned, it would be totally illegal to
> >> >> register a business name to secure a domain name, unless you trade under
> >> >> the business name.  The Act requires that you intend to trade to make
> >> >> profit from the Business Name.
> >> >
> >> >As the domain would be based on the Business Name, surely using the
> >> >domain could/would be considered trading under that name. Of course
> >> >there would be exceptions to this, but...
> >>
> >> Trading means to exchange goods and services for revenue.  Just using a
> >> Domain Name doesn't mean you are trading under the "name".
> >>
> >> Many people have been using Domain Names and Business Names as
> >> interchangeable identies which is wrong, because the Business Name is then
> >> owned by someone who has another business name they trade under or a
> >> company that is actually trading.
> >>
> >> You are not suppose to use a Business Name as a form of identity.
> >>
> >> But when have people in Australia been law abiding citizens?
> >>
> >
> ---
> Larry Bloch                              email:  larry&#167;netregistry.com.au
> Chief Executive Officer                  Office: +61-(0)2-9555 6299
>                                          Fax:    +61-(0)2-9555 5808
> NetRegistry Pty Limited
> http://www.netregistry.com.au
> Domain House, 3 Hosking Street, Balmain, Sydney NSW 2041
Received on Wed Feb 18 1998 - 13:29:40 UTC

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