He's asking under what it is that auDA is basing the restrictions on when it
comes to business law.

It could be seen that a domain name is not public property, but rather the
domain name system that directs traffic to the domain name.

Therefore the restrictions could go against our laws, when it comes to an
asset, a restriction on trade?

I'm still not convinced that it is an asset though, I can't get an official
answer, and the tax system states that an asset is not an asset if you don't
own it (custom software not included), or are paying a service fee for it
(there are exceptions).









As they state

> -----Original Message-----
> From: dns-bounces+charlie=mccormack.net.au§dotau.org [mailto:dns-
> bounces+charlie=mccormack.net.au§dotau.org] On Behalf Of Robert Sandali
> Sent: Tuesday, 18 July 2006 10:56 AM
> To: .au DNS Discussion List
> Subject: Re: [DNS] Secondary Market
> 
> Are you asking whether a domain name is an asset, or why can auDA sell and
> auction domain names but the rest of the industry cannot ?
> 
> Robert
> 
> -----Original Message-----
> From: dns-bounces+robert.sandali=intaserve.com§dotau.org
> [mailto:dns-bounces+robert.sandali=intaserve.com§dotau.org]On Behalf Of
> tony§cmon.com.au
> Sent: Tuesday, 18 July 2006 09:11
> To: .au DNS Discussion List
> Cc: .au DNS Discussion List
> Subject: Re: [DNS] Secondary Market
> 
> 
> 
> Fact: AuDA has in the past "sold" "Auctioned" and otherwise derived an
> amount/s of significate magnitute for .com.au etc tese names are
> considered by the australian tax office as assets of a business or
> company. These "licences/assets" assist business organisations in
> promoting and providing productivity for same.
> 
> My Simple question to AuDa is on what premise do they restrict the free
> commercial trading of that licence/asset.
> 
> Can Auda provide a valid reason under law as to why they have restrictive
> mandates in relation to the .au domain space.
> 
> Tony
> 
> 
> >>For capitalism to work .com.au
> >>needs to be something that's ownable.
> >>
> >>Its not ownable for good reason.
> >
> > A domain name may not be "ownable" or an "asset" however a domain name
> > licence
> > most certainly is.  As the auDA transfer policy states:
> >
> > (http://auda.org.au/policies/auda-2004-03/)
> > <snip>
> > 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
> > </snip>
> >
> > ie - a domain name licence can be included on a deed of sale and is
> > therefore
> > an asset of a business.
> >
> > Jon
> >
> >
> >>-- Original Message --
> >>Date: Mon, 17 Jul 2006 17:58:31 +1000
> >>From: "Sean K. Finn" <Sean.Finn&#167;ozservers.com.au>
> >>To: ".au DNS Discussion List" <dns&#167;dotau.org>
> >>Subject: Re: [DNS] Secondary Market
> >>Reply-To: ".au DNS Discussion List" <dns&#167;dotau.org>
> >>
> >>
> >>> oh god. why is it that some people who claim to have no objection to
> >>> capitalism, display a total ignorance of its underlying philosophy?
> >>
> >>> Vic
> >>
> >>I'll Keep it short.
> >>http://celebratecapitalism.org/bernsteindeclaration/english/index.html
> >>and
> >>http://celebratecapitalism.org
> >>and slightly amusing:
> >>http://celebratecapitalism.org/graphics/prodosilovecapitalism.jpg
> >>
> >>Summary:
> >>" Capitalism is the only system based on the recognition that each
> >>individual owns his life. Capitalism is the only social system in which
> >>individuals are free to pursue their rational self-interest, to own
> >>property and to profit from their actions. It entrenches individual
> >>rights, limited Constitutional government, and
> >>political/intellectual/economic freedom."
> >>
> >>
> >>
> >>Hi Vic,
> >>
> >>You shouldn't beat yourself up so much. For capitalism to work .com.au
> >>needs to be something that's ownable.
> >>
> >>Its not ownable for good reason.
> >>
> >>Move On.
> >>
> >>-Sean.
> >>------------------------------------------------------------------------
> --
> -
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> >
> >
> > ------------------------------------------------------------------------
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> >
> >
> 
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