I agree and I don't think a rigorous application of this clause is in anyones interests. However I am curious about the relevance of the conditions imposed on ING with relation to marketing .bz. I don't know whether these conditions fall under the auspices of section 55A but they seem to be related. Does anyone know if such an order (as made against ING) could be taken as a precedent in other similar cases? jon >-- Original Message -- >Reply-To: dns§lists.auda.org.au >From: "Kevin Fleming" <kevin§w617.com> >To: <dns§lists.auda.org.au> >Date: Wed, 22 May 2002 22:24:42 +1000 >Subject: RE: [DNS] au.bz > > > >cripes - half the IT industry in Australia could be wiped out if 55A was >rigorously applied. > >and Lotus Notes would be history :-) > >K > >> -----Original Message----- >> From: Jon Lawrence [mailto:jon§jonlawrence.com] >> Sent: Wednesday, 22 May 2002 10:15 PM >> To: dns§lists.auda.org.au >> Subject: RE: [DNS] au.bz >> >> >> i don't know because I'm not a lawyer...maybe one of the many lawyers on >> this list can give us some guidance... >> >> >-- Original Message -- >> >Reply-To: dns§lists.auda.org.au >> >From: "C.L Ginge" <cyrille.lefevre§scifi-art.com> >> >To: <dns§lists.auda.org.au> >> >Date: Wed, 22 May 2002 22:08:12 +1000 >> >Subject: RE: [DNS] au.bz >> > >> > >> >G'day Jon, >> > >> >so if i read correctly : >> ><< >> >55A Certain misleading conduct in relation to services >> >A corporation shall not, in trade or commerce, engage in conduct that >is >> >liable to mislead the public as to the nature, the characteristics, the >> >suitability for their purpose or the quantity of any services." >> >>> >> > >> >What about .au.com ? >> >is that misleading for australian businesses ? >> > >> >On a broader note, what about all domain name extensions that have >> >.anything.au that are promoted for australian businesses ? >> > >> >Ginge >> > >> > >> >-----Original Message----- >> >From: Jon Lawrence [mailto:jon§jonlawrence.com] >> >Sent: Wednesday, May 22, 2002 9:37 PM >> >To: dns§lists.auda.org.au >> >Subject: RE: [DNS] au.bz >> > >> > >> >Here is some pretty relevant legislation: >> > >> >COMMONWEALTH TRADE PRACTICES ACT 1974 >> >Section 55A >> >From: >> >http://www.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/s55a.html >> > >> ><snip> >> >55A Certain misleading conduct in relation to services >> >A corporation shall not, in trade or commerce, engage in conduct that >is >> >liable to mislead the public as to the nature, the characteristics, the >> >suitability for their purpose or the quantity of any services." >> ></snip> >> > >> >I never finished my law degree so I'm not sure but I wonder if >> the following >> >conditions imposed on ING in their current case with the ACCC could/would >> >have any wider relevance? >> > >> ><snip> >> >(1) it will not in Australia or elsewhere, publish, distribute, >> or display >> >material, by any means whatsoever (including electronic >> transmission and/or >> >oral communications) in which it: >> >(a) represents that the letters "bz" in the domain name ".bz" means or >> >refers >> >to "business"; >> >(b) represents that registration of a domain name in the ".bz" domain >> >indicates >> >the registration of a business;" >> ></snip> >> > >> >rgds >> >jon >> > >> >>-- Original Message -- >> >>Reply-To: dns§lists.auda.org.au >> >>From: "C.L Ginge" <cyrille.lefevre§scifi-art.com> >> >>To: <dns§lists.auda.org.au> >> >>Date: Wed, 22 May 2002 21:12:33 +1000 >> >>Subject: RE: [DNS] au.bz >> >> >> >> >> >>I have a question, and please forgive my ignorance. >> >>suppose I register something like www.au.tv >> >> >> >>If I claim that this is the website for Australian Television, what can >> >>possibly prevent me from making that claim ( even if it's a lie ) ? >> >>So suppose I have a au.bz website and claim that au.bz means "Australian >> >>business domain name", what can possibly prevent me from making >> that claim >> >>? >> >>sure, the Australian business name is .com.au , but on what grounds can >> >>anybody tell me that I would be wrong making that claim about au.bz ? >> ( >> >now >> >>if auDA issues .biz.au , which one is the *real* Australian >> business domain >> >>name anyway ? ) >> >> >> >>Now don't get me wrong, i am not attacking or defending anybody, but >as >> >far >> >>as I know and if there is no Code or Law against it, anybody can design >> >and >> >>name products with whatever name they want, and if they design and name >> >>specific products with a "catchy" name, or "targeted" name, it's called >> >>marketing. >> >> >> >>So is there a code of conduct somewhere that prevents people from using >> >>.au.bz as "Australian business domain name" .. >> >> >> >>Note : on the same token, what is www.au.com exactly ? an Australian >> >>business domain name ? >> >> >> >>If some of you guys think action should be taken against au.bz, I think >> >that >> >>action should also be taken against au.com , or anything that has got >> .au >> >>in >> >>it , that is not administrated by the proper .au >> administration.Fair enough >> >>? >> >> >> >>This is all a bit confusing ! >> >> >> >>Thank you for your time. >> >> >> >> >> >> >> >>Ginge >> >> >> >> >> >> >> >>-----Original Message----- >> >>From: C.L Ginge [mailto:cyrille.lefevre§scifi-art.com] >> >>Sent: Wednesday, May 22, 2002 8:52 PM >> >>To: dns§lists.auda.org.au >> >>Subject: RE: [DNS] au.bz >> >> >> >> >> >>standard procedure, Phil :) >> >> >> >>Ginge >> >> >> >>-----Original Message----- >> >>From: Phil Wright [mailto:newsstuff§network.au.com] >> >>Sent: Wednesday, May 22, 2002 8:53 PM >> >>To: dns§lists.auda.org.au >> >>Subject: RE: [DNS] au.bz >> >> >> >> >> >>And if you read their terms and conditions - you register a >> domain through >> >>their system and you give them a licence to SPAM and potentially blindly >> >>on >> >>sell your email address to whomever they wish >> >> >> >>Phil >> >> >> >>-----Original Message----- >> >>From: Kevin Fleming [mailto:kevin§w617.com] >> >>Sent: Wednesday, 22 May 2002 8:30 PM >> >>To: dns§lists.auda.org.au >> >>Subject: RE: [DNS] au.bz >> >> >> >> >> >> >> >>haven't seen this crowd before .. >> >> >> >>It's a nice scam - I wonder how many people have been sucked in ?? Even >> >>their "Partners" have to pay up before they can re-sell.. >> >> >> >>telstra.au.bz is available for registration. I wonder ?? >> >> >> >> >> >>K >> >> >> >> >> >>> -----Original Message----- >> >>> From: Josh Rowe [mailto:josh§email.nu] >> >>> Sent: Wednesday, 22 May 2002 8:17 PM >> >>> To: dns§lists.auda.org.au >> >>> Subject: [DNS] au.bz >> >>> >> >>> >> >>> "au.bz Internet Names means 'Australian Business'. The new domain >> >>> extension released in 2001 is the modern alternative to the >> traditional >> >>> .com.au extension." >> >>> >> >>> http://www.business.au.bz/Information/Information.htm >> >>> >> >>> >> >>> Josh >> >>> -- >> >>> josh§email.nu >> >>> >> >>> >> >>> ------------------------------------------------------------------ >> >>> --------- >> >>> 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. (323 subscribers.) >> >>> >> >>> >> >> >> >> >> >>---------------------------------------------------------------- >> ----------- >> >>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. (323 subscribers.) >>> >>> >>> >>>-------------------------------------------------------------------------- >- >>>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. (323 subscribers.) >>> >>> >>> >>> >>> >>>-------------------------------------------------------------------------- >- >>>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. (323 subscribers.) >>> >>> >>> >>> >>>-------------------------------------------------------------------------- >- >>>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. (323 subscribers.) >>> >> >> >> >>--------------------------------------------------------------------------- >>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. (323 subscribers.) >> >> >> >> >> >>--------------------------------------------------------------------------- >>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. (323 subscribers.) >> > > > >--------------------------------------------------------------------------- >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. (323 subscribers.) > > > >--------------------------------------------------------------------------- >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. (323 subscribers.) >Received on Fri Oct 03 2003 - 00:00:00 UTC
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