Totally agree with you, Bruce.

I can't see any reason at all why an entity shouldn't be able to
transfer their domain name license to another entity *which is eligible
to hold that license*. Effectively, the new registrant should be subject
to the same eligibility criteria and allocation rules as if it were a
new registration.

Relaxing eligibility criteria on the .au domain space is a separate
issue to licence transfer.

I believe that the current restrictions/allocation rules are working
well and should remain in place.

-----Original Message-----
From: dns-bounces+dirkh=stjohnqld.com.au§dotau.org
[mailto:dns-bounces+dirkh=stjohnqld.com.au§dotau.org] On Behalf Of Bruce
Tonkin
Sent: Tuesday, 27 September 2005 11:47 AM
To: .au DNS Discussion List
Subject: [DNS] Changes to policy

Hello All,

To provide clarify on what I am seeking to change.

I see no need for auDA or registrars to be involved in business
liquidations, sales of part of a business etc.    I would certainly like
to see the sale of domain name licence decoupled from the sale of a
business or part of a business.

My preferred policy is:
"A registrant may transfer their domain name licence to a proposed new
registrant if the proposed new registrant is eligible to hold the domain
name according to the relevant eligibility and allocation rules;"

This is essentially compliant with term 3.1 (b) below.

See below for an extract of the current complex policy, which is a whole
series of special circumstances. I would rather not add to this list,
but remove the list altogether.

Any protections against miss-use of a domain name should be handled via
the eligibility and allocation rules, just as they are for initial
registrations.

Regards,
Bruce Tonkin


From: http://www.auda.org.au/policies/auda-2004-03/

See below for the current policy:

"3. CIRCUMSTANCES OF TRANSFER 

3.1 A registrant may transfer their domain name licence to a proposed
new registrant if: 

a) (i)  the registrant sells part or all of their business operations or
assets to the proposed new registrant, and the Deed of Sale includes the
transfer of the domain name licence; or 

(ii) the registrant assigns part or all of their intellectual property
rights to the proposed new registrant, and the Deed of Assignment
includes the transfer of the domain name licence; 

(iii) where the registrant is a legal entity, the registrant is
liquidated or enters into administration and the liquidator or
administrator authorises the transfer of the domain name licence to the
proposed new registrant; or 

(iv) the registrant and the proposed new registrant are legal entities
belonging to the same group of related entities, eg. where a parent
company transfers its domain name licence to a subsidiary; 

(v) the registrant is holding the domain name licence in their capacity
as an agent of the proposed new registrant, and at the time of
registration the registrant had entered into an agreement to transfer
the domain name licence to the proposed new registrant at a future date,
eg. where a web designer, ISP, lawyer, accountant or other service
provider registers a domain name on behalf of a client; 

(vi) where the registrant is an individual, the registrant dies or
becomes insane and the executor or power of attorney authorises the
transfer of the domain name licence to the proposed new registrant; or 

(vii) a competent arbitrator, tribunal, court or legislative body orders
the registrant to transfer their domain name licence to the proposed new
registrant, eg. in the case of a proceeding under the .au Dispute
Resolution Policy (auDRP); or 

(viii) the registrant has entered into an agreement to transfer their
domain name licence to the proposed new registrant in settlement of a
dispute between the parties, and the Deed of Settlement includes the
transfer of the domain name licence, eg. where a trade mark infringement
dispute is settled out of court. 

AND 

b) the proposed new registrant is eligible to hold the domain name
according to the relevant eligibility and allocation rules; 

AND 

c) the transfer does not constitute a breach of the prohibition on sale
of a domain name by a registrant (auDA Published Policy 2002-24). "


Replace with new policy:

"A registrant may transfer their domain name licence to a proposed new
registrant if the proposed new registrant is eligible to hold the domain
name according to the relevant eligibility and allocation rules;"

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