--- Ron Stark <ronstark&#167;snapsite.com.au> wrote:

> If I register a company Sixty Nine Pty Ltd, then
> register a domain name
> sixtynine.com.au, that's all the qualification I
> need.  If I decide, as MD,
> that the business of Sixty Nine Pty Ltd is to sell
> porn advertising space
> over the Internet, I'm quite entitled to have a
> website to do just that.  I
> can "monetise" that domain name for all I want,
> because that domain name is
> derived from my business name.

You are 100% correct because you are eligible for that
domain as it derives from your company name.

The issue here is that some companies are registering
under the 'close and substantial clause' of the
eligibility criteria. auDA has a right to ask the
registrant how it qualifies under this clause, as it
did with ansearch last year. If it is not satisfied
that you meet the criteria then it has every right to
revoke your license. 

As 'domain monetisation' is deemed a legitimate
business model then anyone can set up a business and
claim that maonetisation is part of its business and
therefore be entitled to register any domain it
wishes. auDA clarified that this is correct however it
also provided rules that must be followed in order to
be eligible under this 'close & substantial'
eligibility criteria.

I don't want to go down the licence debate but for
example if you apply for a drivers licence you must
meet the eligibility criteria, ie age etc. However you
must also follow the conditions of use in having a
licence which includes things like drink driving,
demerit points etc. If you break the rules then your
licence can be revoked.

If you apply for a domain licence under 'domain
monetisation' you must follow the policy. It is set
out plain and simple.

> Some of the posts that seek to control how domain
> names and their resultant
> websites are used, are getting dangerously close to
> suggesting that auDA
> should be somehow responsible for monitoring what a
> registered company does
> as a business, as portrayed on their website.

auDA has every right to check that a registrant
complies with its eligibility criteria. At the time of
registration the registrant, as part of the licence
agreement, has agreed that it may do so. The
registrant also agrees that if they don't meet the
licence conditions then auDA may revoke the licence. I
can see no legal issues here.

Don't mix up eligibilty criteria and usage, the two
are not linked.

DJ 


		
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