Try this logic at the War Crimes Tribunal at the Hague and see what
happens - jail.

I think the issue is that there is ample evidence that MelbourneIT did not
consistently apply the black letter law approach to the policy.  In fairness
there were cases where it probably did not have the knowledge to understand
what it was dealing with.  However, the inability to revisit that decision
objectively and in balance with other decisions it had approved is the
greatest failing.  The most fundamental basis of our culture and law is that
the benfit of the doubt goes to the one disadvantaged.

I have worked with many policies that have been less than easy.  In my
experience and opinion MelbourneITs implementation of the policy is simply
appalling.

Never blame policy for a lack of competence.

Rgds

Adrian

===========================================
Adrian Stephan (Managing Director)
Logistics Pty Ltd
POB 5068
PINEWOOD  VIC  3149
Ph: +61 (0)3 9888 2366 Fx: +61 (0)3 9888 2377
akstephan§ozemail.com.au
adrian.stephan§logistic.com.au
www.logistic.com.au
===========================================


-----Original Message-----
From: Bruce Tonkin [mailto:Bruce.Tonkin§melbourneit.com.au]
Sent: Thursday, 20 December 2001 12:46 PM
To: 'dns§lists.auda.org.au'
Subject: RE: [DNS] Alternatives....



>
> Being denied our company identity on the Internet by God
> "Melbourne it"
> sucks, it good to see a welcome change to this.
>

The policy was not developed by Melbourne IT - it was developed by Mr Robert
Elz.
Melbourne IT is legally bound to administer this policy under the terms of
its original agreement with Mr Elz.
Melbourne IT supported the removal of the restriction on generic domain
names.

> Will the be a case to answer on behalf on auda and the
> registrant if this
> happens.  I do know until know Melbourne IT have stated that
> their is NO
> recourse to appeal or anyway to start a legal action in
> respect to their
> decisions.
>

That is not true, see section 5 of the terms and conditions of a ".com.au"
domain name licence (http://www.inww.com/policies/comaupolicy.php3).  There
is an established arbitration procedure for dealing with disputes.
Legal action is always a recourse.

Bruce Tonkin

---------------------------------------------------------------------------
List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/
Please do not retransmit articles on this list without permission of the
author, further information at the above URL.  (328 subscribers.)