Sasha: The registrant is O.K. to be a commercial entity, but: >> 1. To be eligible in the org.au 2LD, registrants must be: >> a) an association incorporated in any Australian State or Territory; or Nope, PTY LTD. >> b) a political party registered with the Australian Electoral >> Commission; or Nope. >> c) a trade union or other organisation registered under the Workplace >> Relations Act 1996; or Nope. >> d) a sporting or special interest club operating in Australia; or Covered. >> e) a charity operating in Australia, as defined in the registrant's >> constitution or other documents of incorporation; or AH, HA. I missed this one. >> f) a non-profit organisation operating in Australia, as defined in >> the registrant's constitution or other documents of incorporation. This one too. Now, the registrant just needs to warrant to the registrar that they are eligible under these policies by reading and accepting the policies and terms and conditions at the point of sale / request for registration. Perhaps they are registered for charitable purposes, and the PTY LTD's are a charity. The registering registrar does not need to actually check the registrant PTY LTD's constitution to determine if they are a *charity* or *non-profit*, the registrant just needs to warrant that they are, and that they are eligible for the domain name. This now shifts to a case of the registrant making a false warranty if this is the case, but, without access to their incorporation documents, which I doubt you would be able to get without a subpoena, we will never know. They do not need to use the domain names for charitable purposes either, only BE a charity. >> a) an exact match, abbreviation or acronym of the registrant's name; or >> b) otherwise closely and substantially connected to the registrant. Sorry for taking a different approach here, I don't like to stir trouble for trouble stake, but, as these domains are on the table, let's debate it openly and fairly from both sides. Cheers, Sean. -----Original Message----- From: dns-bounces+sean.finn=ozservers.com.au§dotau.org [mailto:dns-bounces+sean.finn=ozservers.com.au§dotau.org] On Behalf Of DomainNames.com.au Sent: Tuesday, 17 June 2008 1:57 PM To: .au DNS Discussion List Subject: Re: [DNS] more great auda work, NOT it may not be a registrar breach, but the registrant is a commercial entity, so i guess it would be a breach by the registrant sasha Tony Owen wrote: > Hi, > > My 2cents > > Unfortunately AUDU insist that you must be able to PROVE a breach, I > don't think he can prove it, he can just surmise from the data he has > collected. > > Cheers > > Tony > > > > > > ----- Original Message ----- From: "Sean K. Finn" > <Sean.Finn§ozservers.com.au> > To: "'.au DNS Discussion List'" <dns§dotau.org> > Sent: Tuesday, June 17, 2008 11:30 AM > Subject: Re: [DNS] more great auda work, NOT > > >> Hi Guys, >> >> Usually I'm highly critical about things like this, and in the past >> have been the first to jump on the AuDA-Bashing bandwagon. I >> certainly don't agree with it, but I need to point this out : >> >> Auda *sets* the policy. >> The registrars Register the domain, and *execute policy* decisions. >> It looks like what you are really trying to say is that you think the >> registrar in this case may have exercised poor judgement. >> If this is what you think, you really have an obligation to ALERT >> AuDA to what you consider a breach, and they will investigate it. >> >> Dont blame auda automatically for not noticing it, that is not their >> job, it's the registrars job to get policy right. >> >> AuDA is the Sheriff if needed to be, but you first need to let them >> know that you think something's amiss. >> Read here: >> >> http://www.auda.org.au/contact.php >> # >> If you would like to lodge a formal complaint about a .au domain >> name, please click here. >> Complaints regarding a domain name may include: >> * If you think the registrant is not eligible to hold their domain >> name >> * If the registrant has offered their domain name for sale >> (documentary evidence required) >> * Breaches of the domain monetisation or misspellings policies >> # >> http://www.auda.org.au/form-complaint-domainname.php >> Do your duty! >> >> Lodge a FORMAL complaint and let them know what's going on, if, in >> fact, a registrar is being naughty. >> >> >> SCHEDULE F of Domain Name Eligibility and Allocation Policy Rules for >> the Open 2LDs (2008-05) >> http://www.auda.org.au/policies/auda-2008-05/ >> >> SCHEDULE F >> >> ELIGIBILITY AND ALLOCATION RULES FOR ORG.AU >> >> The org.au 2LD is for non-commercial organisations. >> >> The following rules are to be read in conjunction with the >> Eligibility and Allocation Rules for All Open 2LDs, contained in >> Schedule A of this document. >> >> 1. To be eligible in the org.au 2LD, registrants must be: >> a) an association incorporated in any Australian State or Territory; or >> b) a political party registered with the Australian Electoral >> Commission; or >> c) a trade union or other organisation registered under the Workplace >> Relations Act 1996; or >> d) a sporting or special interest club operating in Australia; or >> e) a charity operating in Australia, as defined in the registrant's >> constitution or other documents of incorporation; or >> f) a non-profit organisation operating in Australia, as defined in >> the registrant's constitution or other documents of incorporation. >> >> 2. Domain names in the org.au 2LD must be: >> a) an exact match, abbreviation or acronym of the registrant's name; or >> b) otherwise closely and substantially connected to the registrant. >> >> >> If you have already lodged a FORMAL complaint, then: >> >> The registrant could possibly argue that they are a Special Interest >> Club (CONSUMERS BUYING NETWORK PTY LTD) interested in SEX, perhaps. >> >> After your complaint is lodged, AuDA has to liase with the Registrar >> and figure out what going on, and determine between themselves and >> the registrar that the registrant qualifies for the above eligibility >> criteria. >> >> If the registrar is unsure, they contact their registrant and >> establish yay or nay, and let AuDA know the outcome. >> >> If AuDA are satisfied that it meets the eligibility criteria, they >> put it to rest. I believe they are under no obligation to justify to >> the complainant one way or another what the outcome was, but, I know >> that it can take time, several weeks is definitely a reasonable >> period to investigate. >> >> Cheers, >> -Sean. >> >> -----Original Message----- >> From: dns-bounces+sean.finn=ozservers.com.au§dotau.org >> [mailto:dns-bounces+sean.finn=ozservers.com.au§dotau.org] On Behalf >> Of Michael Purse >> Sent: Tuesday, 17 June 2008 10:30 AM >> To: .au DNS Discussion List >> Subject: Re: [DNS] more great auda work, NOT >> >> Of course. They don't care. >> >> As I've said before, the directors do fine work. The staff do not. >> They're lazy, rooted into their positions, arrogant, and deliberately >> ignorant. >> >> Hi guys! >> >> Cheers, >> >> Michael >> >> On Tue, Jun 17, 2008 at 10:27 AM, DomainNames.com.au >> <support§domainnames.com.au> wrote: >>> i thought that .org.au was for non-commercial entities and i have >>> notified >>> auda about this, yet just like the "Australian Style Pty Ltd" issues >>> last >>> month, they choose to ignore it >>> >>> Domain Name: *sex.org.au* >>> Registrant: Nic Mason >>> Registrant ID: ABN 42322725630 >>> Eligibility Type: Sole Trader >>> Eligibility Name: Nic Mason >>> Eligibility ID: ABN 42322725630 >>> >>> Domain Name: domainnames.org.au >>> Registrant: CONSUMERS BUYING NETWORK PTY LTD >>> Registrant ID: ABN 47084374005 >>> Eligibility Type: Company >>> >>> AND THE BEST ONE >>> >>> Domain Name: domain.org.au >>> Registrant: AUSTRALIAN STYLE PTY LTD >>> Registrant ID: ACN 099892814 >>> Eligibility Type: Company >>> >>> Sasha >>> --------------------------------------------------------------------------- >>> >>> List policy, unsubscribing and archives => http://dotau.org/ >>> >> --------------------------------------------------------------------------- >> >> List policy, unsubscribing and archives => http://dotau.org/ >> --------------------------------------------------------------------------- >> >> List policy, unsubscribing and archives => http://dotau.org/ >> >> >> -- >> No virus found in this incoming message. >> Checked by AVG. >> Version: 7.5.524 / Virus Database: 270.3.0 - Release Date: 6/11/2008 >> 12:00 AM >> >> > > --------------------------------------------------------------------------- > > List policy, unsubscribing and archives => http://dotau.org/ > --------------------------------------------------------------------------- List policy, unsubscribing and archives => http://dotau.org/Received on Mon Jun 16 2008 - 21:50:05 UTC
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