Mallesons Stephen Jaques Confidential communication If ING is engaging in misleading and deceptive conduct, auDA (or any of ING's competitors, or even someone with no interest whatsoever in ING's actions) can apply for an injunction to restrain ING from engaging in such conduct. So you don't need to rely on MIT to take action for breach of contract (if there has been such a breach) or on the ACCC to take it up. My interest in domain names? I am a solicitor who advises about domain name and trade mark issues. I haven't seen ING's documents, so I have no view on whether or not they are misleading. Patrick Gunning Senior Associate Mallesons Stephen Jaques Sydney Direct line (61 2) 9296 2170 Fax (61 2) 9296 3999 -----Original Message----- From: Chris Disspain [mailto:ceo§auda.org.au] Sent: Wednesday, 5 September 2001 9:30 AM To: dns§auda.org.au Subject: RE: [DNS] Predatory business practice Morning Everyone, We do what we can. auDA blocked ING's access to WHOIS about 2 weeks ago. At present auDA has no other control over ING who are licensed to be re-sellers by Melbourne IT. Maybe Domainz action will persuade MIT to do something. Regards Chris Disspain CEO - auDA ceo§auda.org.au +61-3-9226-9495 www.auda.org.au -----Original Message----- From: DPF [mailto:david§farrar.com] Sent: Tuesday, 4 September 2001 19:41 To: dns§auda.org.au Subject: Re: [DNS] Predatory business practice On Mon, 03 Sep 2001 10:11:01 +0800, Jim Birch <jbirch§multinode.com.au> wrote: >DPF wrote: > ><snip> >> >> They also are facing termination as an accredited .nz provider. >> ><snip> > >WHY aren't they already terminated as an accredited com.au supplier? > >The industry is supposed to be self-regulated, no-one wants them, they are clearly >unethical, borderline illegal, they provide no advantage to Melbourne IT over other >resellers, offer a significant chance of dragging the industry into (further) disrepute >when if they disappear leaving a bunch of people with worthless paid ahead domain names, >so WHY are they still around? > >Melbourne IT are the de facto controllers of cum. name sales. I cannot see why they >won't act. For those interested we announced the following today: (Bad enough you guys beat us at rugby but you also give us your spamsters :-) Internet Domain Name Protection Pty Ltd Domainz has received a large number of complaints from people and organisations to whom Internet Domain Name Protection Pty Ltd have sent correspondence with reference to existing .nz domain names. In the view of Domainz, their action in sending out large numbers of letters to Name Holders is contrary to their obligations under the Domainz .nz Provider Agreement - in particular Clause 4.1, where they have agreed not to act in a way that will be detrimental to the integrity or the performance of the register or the Internet generally, and to act in good faith towards Name Holders and others. This view is supported by the level and nature of the complaints which we have received. Some complainants have asked whether letters from Internet Domain Name Protection Pty Ltd correctly represent the position in relation to the new domains, or may be misleading Name Holders. Others believe that they have used information in the register for a purpose which was not intended. Regardless of how they obtained the information, Domainz has no wish to be involved with accredited .nz service providers who engage in such practices. Domainz has exercised it's right under clause 10 of the agreement and has suspended the right of access to Internet Name Protection Pty Ltd as we have not received an explanation of how they are going to remedy these breaches of their agreement and how they will mitigate the damage which they have caused to the reputation of Domainz and its accredited service providers in New Zealand. DPF -- David Farrar, Secretary, InternetNZ secretary§isocnz.org.nz or david§farrar.com -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. 343 subscribers. Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) Email "unsubscribe" to dns-request§auda.org.au to be removed. -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. 342 subscribers. Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) Email "unsubscribe" to dns-request§auda.org.au to be removed. -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. 342 subscribers. Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) Email "unsubscribe" to dns-request§auda.org.au to be removed.Received on Wed Sep 05 2001 - 01:51:38 UTC
This archive was generated by hypermail 2.3.0 : Sat Sep 09 2017 - 22:00:04 UTC