on 2/12/99 9:48 am, Mark Davidson at davidson§mmk.com.au wrote:

> Interesting question posed by Stephen. Makes me want to ask a few questions
> 
> If my business has a domain, and I sell my business, why should I not be able
> to sell my domain with the business?

Of course. By I would suggest that this is very different situation to
buying selling domains without an associated business.


> 
> Like real estate, some domains will be worth more than others. What is wrong
> with that?

Domains are not real estate.

If Real Estate was similar to a domain, it would cost a trivial registration
fee per square metre. Can you imagine a world where anyone could own
property by paying $130 every two years? And then not do anything with it,
just in case one day it became valuable. Meanwhile others are prevented from
using it for farming, housing, or whatever....

Domains are not real estate.

> 
> If no-one else wants a domain and I register it, why shouldn't I be able to
> sell it to the highest bidder?

Because domains should be associated with a particular business. The whole
point of the com.au policy is to eliminate generic domains which have value
outside of the business they are attached to.

Of course it is a shame that the managers of com.au seem to be so easily
subverted by money, politics or some other pressures when it comes to
enforcing that policy equally.... sold.com.au, ... etrade.com.au....
etc....etc...

> 
> If someone's rights are being infringed, they can choose to do something about
> it. If no rights are infringed, why shouldn't someone be able to buy and then
> on-sell domains?

Because this is a very lawyer response to the world, Mark. Sure we can look
at the world in terms of individual profit and loss, but what about the
opportunity cost of locking away thousands of useful domains in the hope of
making profit in 5-10 years? Imagine setting up a 'real' company and being
told that the appropriate domain will cost you $200,000 because someone has
been sitting on it in the very hope that they can blackmail you.

And then the other argument. Why must everything be about money and value?
By creating an artificial wealth in the domain system, millions of dollars
are being locked away in a wealth that doesn't create anything useful.

To illustrate with a parallel example: to operate a taxi requires a taxi
plate worth approximately $200,000. The rent on that comprises a great
amount of the $130 (?) a taxi driver must pay to operate a cab for 8 hours.
That means that cab fares are considerably more expensive than in a system
where cab plates are freely available or available or the basis of some
condition other than money.

> 
> In short, although I am not the sort of person who registers domains in order
> simply to on-sell them, I don't see what is wrong with doing it - so long, of
> course, as no-one is misled, and no trade mark or other rights are infringed.
> Perhaps the answers to these questions  will show me where I am missing the
> point.

Possibly. But you are a lawyer :-> And our law training has been to see
everything in terms of rights and duties and infringment. Even then, IP law
is far to unsophisticated to cope with concepts which change almost daily.

Cheers

Ari


> 
> 
> 
> Cheers



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