[DNS] Timefortherulestochangeregardingtransferringdomainnamelicences

[DNS] Timefortherulestochangeregardingtransferringdomainnamelicences

From: Jon Lawrence <jon§jonlawrence.com>
Date: Thu, 29 Sep 2005 09:25:34 +0100
That gets my vote.

jon

>-- Original Message --
>From: "Kirk Fletcher" <kirk&#167;enetica.com.au>
>To: ".au DNS Discussion List" <dns&#167;dotau.org>
>Date: Thu, 29 Sep 2005 08:12:50 +1000
>Subject: Re: [DNS]
>	Timefortherulestochangeregardingtransferringdomainnamelicences
>Reply-To: ".au DNS Discussion List" <dns&#167;dotau.org>
>
>
>
>"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;"
>
>
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Received on Thu Sep 29 2005 - 08:25:34 UTC

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