"Dassa" wrote:
> 
> It is a can of worms, especially when discussing general conditions
> and issues without specifics.

Actually, I think it also gets "wormy" when we do discuss specifics -
such as pricing restrictions, etc... but you're right.  It's obvious many
of us simply disagree on a fundamental level.

This was Bruce's suggestion, which seems to have been lost in the
flood:

Replace section 3.1 with:

"A registrant may transfer their domain name licence to a proposed new
registrant if the proposed new registrant is eligible to hold the domain
name according to the relevant eligibility and allocation rules;"

Regards,
Kirk

Here's the full details of Bruce's proposed changes:

From: http://www.auda.org.au/policies/auda-2004-03/

See below for the current policy:

"3. CIRCUMSTANCES OF TRANSFER 

3.1 A registrant may transfer their domain name licence to a proposed
new registrant if: 

a) (i)  the registrant sells part or all of their business operations or
assets to the proposed new registrant, and the Deed of Sale includes the
transfer of the domain name licence; or 

(ii) the registrant assigns part or all of their intellectual property
rights to the proposed new registrant, and the Deed of Assignment
includes the transfer of the domain name licence; 

(iii) where the registrant is a legal entity, the registrant is
liquidated or enters into administration and the liquidator or
administrator authorises the transfer of the domain name licence to the
proposed new registrant; or 

(iv) the registrant and the proposed new registrant are legal entities
belonging to the same group of related entities, eg. where a parent
company transfers its domain name licence to a subsidiary; 

(v) the registrant is holding the domain name licence in their capacity
as an agent of the proposed new registrant, and at the time of
registration the registrant had entered into an agreement to transfer
the domain name licence to the proposed new registrant at a future date,
eg. where a web designer, ISP, lawyer, accountant or other service
provider registers a domain name on behalf of a client; 

(vi) where the registrant is an individual, the registrant dies or
becomes insane and the executor or power of attorney authorises the
transfer of the domain name licence to the proposed new registrant; or 

(vii) a competent arbitrator, tribunal, court or legislative body orders
the registrant to transfer their domain name licence to the proposed new
registrant, eg. in the case of a proceeding under the .au Dispute
Resolution Policy (auDRP); or 

(viii) the registrant has entered into an agreement to transfer their
domain name licence to the proposed new registrant in settlement of a
dispute between the parties, and the Deed of Settlement includes the
transfer of the domain name licence, eg. where a trade mark infringement
dispute is settled out of court. 

AND 

b) the proposed new registrant is eligible to hold the domain name
according to the relevant eligibility and allocation rules; 

AND 

c) the transfer does not constitute a breach of the prohibition on sale
of a domain name by a registrant (auDA Published Policy 2002-24). "


Replace with new policy:

"A registrant may transfer their domain name licence to a proposed new
registrant if the proposed new registrant is eligible to hold the domain
name according to the relevant eligibility and allocation rules;"