Jason,

Can you tell us what is listed in whois (at whois.ausregistry.net.au)
for the domain, under:
	Registrant:
	Registrant Contact Name:
	Status:                  
Feel free to translate to the terminology in your email.

It might also help to tell us
	Registrar Name:          

On Tue, Mar 29, 2005 at 11:58:23AM +1000, Jason Allen wrote:
> 
> A question I thought I'd put to this list for your thoughts and advice...
> 
> Many years ago, 2 friends got together and thought of an idea for a
> website. A .org.au domain was registered by one of the two guys (because
> he knew about registering and DNS hosting stuff) and the other guy did all
> the development and running of the website.
> 
> A couple of years later (about 4-5 yrs ago), the guy that develops,
> maintains, and runs the website had two other guys join him. These 3 have
> developed, maintained, and run the website for the last 4-5 years creating
> it into a thriving community and one of australia's highly rated websites
> for it's intended audience. The person (4th guy) with which the .org.au
> domain is registered (and has the domain password) has had nothing to do
> with the website or domain (other than having the authoritive DNS record
> for it on his DNS server) since it was created 7+ yrs ago.
> 
> The 3 guys that develop, maintain and run the .org.au domain also own the
> equivalent .com.au domain name, as well as having a registered business
> name (as a non-profit org), and trademark for the 'entity' (eg.
> entity.org.au and entity.com.au)
> 
> The .org.au domain name is what the entity is known as within it's
> community, including having high ranking within google and all other
> search engines, merchandise, advertising, etc. and because it's a
> non-profit org it prefers to stay with the .org.au domain rather than the
> commercial .com.au domain it also has. The .com.au domain was registered
> mainly for protection purposes.
> 
> A recent change of web hosting provider for the domain, and the new
> hosting provider requires that it's own DNS servers are the primary and
> secondary DNS servers for the .org.au domain. (Previously the 4th guys DNS
> records for the domain just pointed to the IP of the hosted web server).
> 
> After contacting the 4th guy and asking him to update the DNS record for
> the domain to make the new hosting providers DNS servers the primary and
> secondary DNS for the domain, he refused to do so. So far, he's not
> responded to questions as to why not. This is the 3rd time in the 7+ yrs
> that the 3 guys have had issue's with this 4th guy over DNS'ing. The 3
> guys believe that it will simply be 'geekdom' and power/control that the
> 4th guy will not make the primary and secondary
> 
> As I have (tried to) explain/outline in the above background, this 4th guy
> has no stake or ownership in the entity other than being the person that
> registered the .org.au domain name many years ago, holds the domain record
> password, and hosts the authorative DNS record. He is not a stakeholder in
> the business name, trademark, or .com.au domain and has no involvment in
> the running and development of the entity, it's website, or any other
> area's of operation.
> 
> So, on to my question ... what would the auDA policy be on who is the
> 'owner' of this .org.au domain (I believe it would be the 3 guys - or more
> accurately the registered business name) and what steps/actions would be
> involved in these 3 guys getting an auDA decision to transfer ownership of
> the the domain record over to them (or more accurately, the business
> name).
> 
> Many Thanks.
> 
> -- 
> Cheers,
> Jason
> 
> 
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-- 
___________________________________________________________________________
 David Keegel <djk&#167;cybersource.com.au>  http://www.cyber.com.au/users/djk/
 Cybersource P/L: Linux/Unix Systems Administration Consulting/Contracting