Agreed, but do they have a right to issue me a license to a trademark I
already own? I think not, and to restrict me from selling my trademark
*could* be a spot of trouble for them.

Sure they can charge me a fee to manage the DNS record in the main root, but
they have no rights to enforce restrictions on a trademark I own.


> -----Original Message-----
> From: Kim Davies [mailto:kim§cynosure.com.au]
> Sent: Wednesday, 19 July 2006 2:13 AM
> To: Charlie McCormack
> Cc: '.au DNS Discussion List'
> Subject: Re: [DNS] Secondary Market
> 
> Quoting Charlie McCormack on Tuesday July 18, 2006:
> |
> | It could be argued they are selling Intellectual Property they have no
> right
> | to.
> | [..]
> | So then don't they only administer a records system, which they charge
> an
> | administration fee, which then means they also have no rights to these
> | domain names, so then aren't the restrictions illegal, and could they be
> | [..]
> 
> It is important to remember you are being sold a fixed term license to a
> domain name, not the domain name itself. You are not sold a domain name
> and you do not own it, you are merely licensed it. The license allows
> you to nominate data (NS records) to place in auDA's zone file.
> 
> In much the same way, auDA does not own ".au", it is licensed to it by
> the operator of the DNS root.
> 
> kim