|> -----Original Message-----
|> From: dns-bounces+dassa=dhs.org§dotau.org 
|> [mailto:dns-bounces+dassa=dhs.org§dotau.org] On Behalf Of 
|> Charlie McCormack
|> Sent: Sunday, July 16, 2006 1:03 AM
|> To: '.au DNS Discussion List'
|> Subject: Re: [DNS] Secondary Market
|> 
|> Let me just pick myself up off the floor, because this one 
|> floored me with stupidity.
|> 
|> This topic has *nothing, absolutely nothing* to do with 
|> ownership, it has to do with resale of a domain name, use 
|> those eyes and look at the subject title.

Ownership has been an aspect of this type of discussion often.  Also, if there
is no ownership, then the rights to transfer are limited by whatever the usage
agreeement is so it is on topic.

|> And get back on topic.
|> 
|> My point was that auDA should review the IPAustralia rules 
|> to help with writing its rules and regulations.

I'm sure they review a lot of material when considering updating policy.

|> Just because I don't own the domain name doesn't prevent me 
|> from selling it, however the exclusive license to use the 
|> domain name does give me the right to sell it as part of a 
|> business, because our 'real world' laws state I can and 
|> there is nothing anyone can do about it.

Such a sale can only happen when it is allowed under the license terms and
conditions.  There are provisions for legitimate transfers.

|> I'd like to see auDA try and prevent anyone transferring 
|> title of a domain name to the new business owner when the 
|> business sold.

If the transfer meets the terms and conditions of the domain name license I'm
sure they wouldn't have a problem, if it doesn't then I expect them to block
any such transfer.

|> Do you really believe business would invest money in a 
|> website if they could not sell it when they sell the 
|> business? The domain name industry would have never taken 
|> off if that were the case, who in their right mind would 
|> dump money into something they can't sell, or gain from, 
|> financial or otherwise?

I've known a lot of businesses which invest in a website without any
consideration for what domain name to reference it by and without any
consideration of resale value.  Most businesses invest in a website to promote
their business, much as they do with advertising.  Most gains from a website
come from it's operation and not the resale.

Darryl (Dassa) Lynch