This may seem a radical idea but one which has been promoted on a number of occassions: if auDA is incapable of providing effective consumer protection then the enforcement of the domain industry should be undertaken by a government body such as a commissioner for domain name allocation.  This may have the effect of bipassing expensive audrp resolution and court action for breach of trade marks etc.  This was a submission which was put forward by the Icann GAC.  It is equally applicable to the .au name space.


> well, this is charming indeed.
>  
> What is auDA supposed to do??  auDA does not have legislative control
> or authority over the industry, merely contractual.  If the culprit is
> not an accredited registrar (who signs an agreement with auDA - and
> therefore bound by the terms) or a reseller (for whom an accredited
> registrar - who has agreement with auDA - is responsible), then may I
> ask you: how else do you "do anything about it".
>  
> Whilst auDA has previously pursued Federal Court actions against some
> suppliers - that comes at significant costs.  No doubt, it will continue
> to pursue such actions in appropriate circumstances. 
>  
>  
>  
>  
> Craig Ng
> Partner
> Maddocks
>  
> t  +613 9288 0523
> f  +613 9288 0666
> e  craig.ng§maddocks.com.au
> 
> >>> rha§juggernaut.com.au 16/07/03 8:17:14 am >>> 
> At 23:44 +1000 15/7/03, Tech Support wrote: 
> 
> >Lets hope they get jumped on from a great height and get stopped. 
> 
> They won't get jumped on and it won't stop. 
> 
> auDA will say "they aren't a registrar and they aren't a reseller 
> of a registrar and therefore we can't do anything about it". 
> 
> And these scamming scum will continue to rip off domain holders 
> and discredit the entire domain name industry in Australia. 
> 
> Nice job, auDA. 
> 
> ...R. 
> 
> 
> ---------------------------------------------------------------------------
> 
> 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. (368 subscribers.) 
> 
> 
> 
> -------------------------------------------------------
> Maddocks
> 
> Tel: (03) 92880555   International: +61 3 92880555
> Fax: (03) 92880666   International: +61 3 92880666
> 
> Web: http://www.maddocks.com.au
> 
> -------------------------------------------------------
> The information in this electronic mail is privileged
> and confidential, intended only for use of the individual
> or entity named.  If you are not the intended recipient,
> any dissemination, copying or use of the information is 
> strictly prohibited.  If you have received this transmission
> in error please delete it immediately from your system 
> and inform us by email on info§maddocks.com.au.
> -------------------------------------------------------
> 


Kind regards

James Guy

Principal
Guy & Associates
      Solicitors & Trade Marks Agent

Level 25 Optus Centre
367 Collins Street
Melbourne
VIC 3000
AUSTRALIA

Phone: +61 3 9221 6151
Fax:   +61 3 9383 6161
Mobile:+61 0407085553
website:  guyassociates.com.au

This email (including any attachments) is intended only to be read or used by the addressee. It contains information that may be confidential and legally privileged. If you are not the addressee,or you have received this email by mistake, you must not disclose,copy or distribute it or use the information contained in it (or any attachments) in any way.

If you have received this message in error please notify Guy & Associates by return email or reverse charges telephone call to +61 3 9221 6151 and then delete this message and any copies of it. Please also contact us if you have any doubts about the authenticity of this email.

Any legal professional privilege between solicitor and client, or any other rights, are retained by Guy & Associates and are not lost or waived because you have received this message in error. This email (including any attachments) may also contain computer viruses or other defects. Guy & Associates is not liable for any loss or damage that may be caused by these viruses or defects.