Thanks Craig.  I'm not suggesting that policy change is *likely* to occur.
It's simply a risk that a business has to take, small as it may be.  On your
latter point regarding "need to use the domain name":  The issue here is a
business and commercial one, because the name will have acquired awareness
thus value in the market place; any number of clients may use it as a link;
promotional documentation may use nothing but the domain name; it may in and
of itself have evolved into a brand name; it may form part of an asset
disposal / sale a business wants to make.  There are a multitude of reasons
why domain name continuity is a crucial business strategy.

My disquiet hinges on two aspects:  One, my inability to protect and utilise
any commercial value that may have accrued in a domain name (such as to sell
it as an asset), and two, the risk of retrospective effect, albeit
unintended, under the current policy.

It's here that we see policy in conflict with commercial reality.  We can't
change commercial reality, so I think that the policy needs to be reviewed
to accommodate the type of scenario to which I refer.  

I understand that at the CoP meeting this issue was identified, and I'm
relieved that it appears to now be on the auDA agenda.  Or am I mistaken?

Ron Stark

-----Original Message-----
From: craig.ng§maddocks.com.au [mailto:craig.ng§maddocks.com.au]
Sent: Thursday, 20 December 2001 8:46 AM
To: dns§lists.auda.org.au
Subject: RE: [DNS] Notional value of a domain name


Ron - two points:

- it is unlikely that any policy change at the regulatory level (which will
result in the cancellation of an existing domain name) will have
retrospective
effect - to suggest that this is likely to occur is, I believe,
disingenuous.
- if you change your business strategy/circumstance such that you cannot
justify an association between your domain name and your company
name/business
name/trademark, then why should you (a) continue to be entitled to use the
domain name and (b) need to use the domain name.

Craig Ng

>>> "ronstark§businesspark.com.au" 20/12/01 8:33:47 am >>>
Craig, I think the point being made is that unlike a business name, it's
possible that you are prevented from renewing your domain name because of a
policy change or perhaps a change in your business strategy / circumstances.
If nothing changes, of course you can renew your domain name, but there's no
certainty attached thereto.

Ron Stark

-----Original Message-----
From: craig.ng§maddocks.com.au [mailto:craig.ng§maddocks.com.au] Sent:
Thursday, 20 December 2001 8:25 AM
To: akstephan§ozemail.com.au; dns§lists.auda.org.au Subject: RE: [DNS]
Notional value of a domain name


I have been reading this thread of discussion in amazement.  What is so
unusual about a two year licence.  It is not as if your licence
'drops out' at the end of the two year period.  You simply renew the licence
at the end of the two years, and then again after that etc etc.  I don't see
any suggestion anywhere that you are not entitled to renew your licence at
the
end of that period - provided that you continue to have a business
name/company name/trademark that you can associate with your domain name.
All business names, for example, are also registered for a finite period -
you
just renew it when it expires.  I don't hear anyone complaining that they
won't start a business under a business name, unless you have a 'business
name
risk strategy'.

What is the big deal???


>>> "akstephan§ozemail.com.au" 20/12/01 7:12:17 am >>>
Hi

This is scarry.  We are at this point and issues like this are not clear.
Based on postings here it seems to me that there are too mny uncertainties
that need to be clarified for this auction to proceed.

I find it hard to understand why there is only a two year licence.  In
practical business terms you can't work that way.  It takes years to build
up networks and so on, and one of the most important identifiers of the
business - its domain name - has a 2 year license.  That is absurd or is it
a bit of Texas Two Stepping by someone who has not got a clue about how
small businesses operate.  Is it convenient to use such language now to make
this little charade politically acceptable, but expose the real game plan
when it is all over?

Why would you want to invest promoting your business under such
uncertainties.  The logical thing to do is go somewhere that you can get a
name that is not subject to such uncertainty.

It is now quite clear that business must now have a domain name risk
strategy in place.

Rgd

Adrian

===========================================
Adrian Stephan (Managing Director)
Logistics Pty Ltd
POB 5068
PINEWOOD  VIC  3149
Ph: +61 (0)3 9888 2366 Fx: +61 (0)3 9888 2377
akstephan§ozemail.com.au adrian.stephan§logistic.com.au www.logistic.com.au
===========================================

 

*******************************************************
Craig Ng

Maddock Lonie & Chisholm Lawyers
Tel: (03) 92880555   International: +61 3 92880555
Fax: (03) 92880666   International: +61 3 92880666
Web: http://www.maddocks.com.au
*******************************************************
The information in this electronic mail is privileged
and confidential, intended only for use of the individual
or entity named.  If you are not the intended recipient,
any dissemination, copying or use of the information is
strictly prohibited.  If you have received this transmission
in error please delete it immediately from your system
and inform us by email on info§maddocks.com.au.
*******************************************************

---------------------------------------------------------------------------
List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/
Please do not retransmit articles on this list without permission of the 
author, further information at the above URL.  (327 subscribers.)