>on 20/01/1998, Rick Welykochy inquired:
>
>> >1. What commercial entity is "xxxxxxx"  (individual's name withheld)
>> >   Why no ACN or BRN? Isn't this application in clear violation
>> >   of several of your policy statements available on your
>> >   Web site?

>> A person is a legal entity and a commercial one if trading as themselves.
>> In exceptional circumstances and were a person provides evidence that they
>> have been and are trading as themselves, we are able to allocate them a
>> domain name. This was checked with the previous com.au administrator and
>> .au administrator, Robert Elz, before its implementation.

Well judging by the date stamp, it's clear MIT now have some legal eagles
in their team.  Must be an after affect of my pending action against them
for a refund.  Oh JOY!  Now we get to see them worm.

BTW be careful in beliving what MIT tell you.  It was said to a client the
other day that a TLD did not exist on the Internet, yet some huge number of
people visit Web sites under the TLD daily. 

This could constitute defamation, Slander or worse illegal practices under
the Trade Practises Act.

>Given the above response, one would assume that the spirit or intent of
>the restrictive Mel.I.T. conditions for domain applications are based in the

On the issue of the restrictiveness. It's probably actually - almost -
beneficial, apart form the fact they don't apply the terms of the selection
criteria in all cases (at least didn't prior to 26 June 1997) it will
eventually help solve a vast number of Trade Mark and Legal Name clash
disputes in the future.  I hope.

>premise that an entity applying for a domain within .COM.AU should
>demonstrate that they are TRADING under the business name (or personal name
>in the above case). And given that, a BRN or ACN should not be necessary.

If they are trading under a Business Name they will have an ARBN.  So it
can be supplied.  If the Domain Name being applied for consists of parts as
required of the persons name, then it shoudl be approved.

ie: If I applied for ADAM.COM.AU I would expect under their policy to have
it approved, as I would for ADAMTODD.COM.AU, ATODD.COM.AU, TODD.COM.AU.

They would be negligent in their application of policy to decline such an
application.  Especially as they approve names like:

seven.com.au 		for Seven Network Limited
galaxy.com.au 	for Galaxy Media Pty Ltd

Which incidently are both DICTIONARY words.  But we have always seen
careful applicaiton of the policy to ensure such words are declined.  Right?

>Confused? I'll respond off list to anyone with further inquiries.

Please do Rick, if I can help with the application fill me in.  It's
amazing what you can achive if you try hard enough.


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