Hi Bruce. As a matter of interest I support some mechanism that simplifies domain name transfer. My difficulty is in deciding where cyber-squatting ends and legitimate transfer begins. Assessing "intent" is notoriously difficult and of necessity, subjective. 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 Bruce Tonkin : Sent: Saturday, 24 September 2005 5:28 PM : To: .au DNS Discussion List : Subject: Re: [DNS] Regarding cybersquatting : : Hello Ron, : : > : > Bruce, the secondary art market is possible because a work : of art is : > complete and has value in and of itself. : : A secondary domain name market is possible as each domain : name is unique, just as each painting is unique. : : Different domain names have different market value. The auction of : generic names in .com.au was an example of this. : : : : > A domain : > name is worthless unless it has some attached commercial : objective - : > even if it is solely as a vehicle for advertising. : : A domain is worth what someone is prepared to pay for it. : : : > : > Whilst in principle I agree that there's a difference : between cyber : > squatting and transferring a domain name, it's subjective, : so how can : > you discriminate between cyber squatting and a secondary market? : > : : Cybersquatting is basically illegal, and applies to both the : primary market and secondary market. : : There is established precedent through UDRP decisions and : .auDRP decisions, as well as probably court decisions (at : least overseas) to identify when a domain name is being used : to infringe trademark rights. : : Transferring a licence is purely a matter of the rules : defined by the industry for the licensing of domain names. : : Oh yeah - congratulations to Sydney for a close victory over : West Coast! : : Regards, : Bruce : ------------------------------------------------------------- : -------------- : List policy, unsubscribing and archives => http://dotau.org/ :Received on Sat Sep 24 2005 - 09:08:55 UTC
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