George, some further thoughts after your comment: >tm.au is interesting. BIZ.AU I think is now a complete phurphy >unless somebody stands up and shows how its going to enhance >things. A very real issue - Lots to cover here. The issue with business names is that they are not necessarily unique. As a hands-on person, let me use a couple of well known names as examples - Coca-Cola and McDonalds. Well, since Coca-Cola is a made up name, its relatively unique, but McDonalds isn't. A look through just the local Sydney phone directory reveals a few businesses which include the name McDonalds - so I guess throughout Australia there would be a fair number - not to mention countries such as Scotland which would have more than one or two :) So what do we do? Have one commercial 2LD, first in best dressed, and latecomers accept that their domain name won't look like their normal business name? Or have .com.au and .biz.au and as many others as people want as well? A couple of other big issues flow out of this - Legal disputes, and Buying & Selling of domain names. Legal disputes first, shall we? As long as there are multiple organisations with similar names, there may be legal disputes over use of domain names - there's no way of preventing a company from calling in the lawyers if they are really determined about it. But what we need to do is try and minimise the downside for the domain name system in general, and for Domain Name Administrators in the particular. The problems for the domain name system as a whole will occur if legal cases and precedents get established where courts make a ruling that a domain name should be taken away from organisation A and given to organisation B. If a number of these were to happen, then it would be on for young and old to go to Sue, Grabbitt and Run, Lawyers, whenever they're not happy. Having domain names allocated by very clearly defined, impartial, and consistently applied policies for each 2LD builds the integrity with which the internet domain name system is viewed by non-internet literate parts of the community. And given the rather public struggle by some judges in the last couple of years just to keep up with some of society's other developments (such as equal rights for men and women, no violence in the home etc), I think it may be a valid assumption that judges aren't going to be leading the field in internet awareness. The other problems are for the Domain Name Administrators. Two domain name users may sue each other til the cows come home - but it would be nice if the DNA could be kept out of it as much as possible. That's also only going to happen if the policies are very clearly defined, impartial, and very consistently applied. Suppose a DNA knocks back my application for BestWidgets.edu or .asn or .gov or whatever on the grounds that I don't meet the requirements for that 2LD, but my competitor Betterwidgets gets approved? In the case of inconsistent application of policy, then the DNA can look forward to a high possibility of being an active participant in the legal case rather than a relative bystander, and consequential damages etc etc. So to ensure their own protection, DNAs need to have some very well defined rules on what they allow and be consistent and impartial. Or of course they could have absolutely no rules at all and allow absolutely anything. In which case the end effect will be that thousands of us businesses may end up in .edu.au and thousands of others in .gov.au and the administrative workload will be so high that they'll all have to charge fees and any chance of building into the system things which I would support support such as 'schools, charities, etc get it free' will be gone. On to the 'buying and selling of domain names' issue. The buying and selling of domain names is unavoidable. It may not be a positive force for truth and justice in the world, but it is unavoidable. Organisation's domain names and their WWW sites, email addresses, etc, are part of their assetts - if an organisation has a well known name, and a popular WWW site (or even without a WWW site), then it increases the value of that organisation. If the organisation is for sale then part of the sale price is because of the domain name. The end result of this is that a company may be bought just for its domain name, so in effect that's buying and selling of the domain name. From an internet domain name administration viewpoint however, its not relevant as long as the ownership change does not violate any condition attached to issuance of the domain name. Which brings us back again to the issue of policies that DNAs use to when allocating domain names. Regards, Mark * * * * * * * * * * * * * * * * * * * * * Message From : HUGHES, MARK * * Location : AUSTRALIA-CCA HDQ * * KOMAIL ID : N17503 (CCAMCQN1) * * Date and Time: 07/09/97 17:43:42 * * * * * * * * * * * * * * * * * * * * *Received on Wed Jul 09 1997 - 18:51:29 UTC
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