> 7.4.6 Not be a generic word describing products (goods or
>services), industries, industry sectors, or organisations.
>Examples of unacceptable domain names include: beer (product),
>banking (industry), industrial (industry), company (organisation
>type). Generic phrases comprising of two or more generic words
>are allowed.

>If this is going to be included in the policy document, then the
>list of forbidden words needs to be defined a lot more clearly than
>this.

>DNAs are opening themselves up for legal action if they have to
>make arbitrary decisions on whether or not a word comes under one
>of the listed restrictions. This is a very grey area.

I agree completely, which is why I suggested in an earlier posting
that if 7.4.6 stays, then the list of prohibited words must be
explicit, and that perhaps the Australian Bureau of Stats product
and industry classifications could be used (although there may be
better alternatives).

There are two reasons why using subjective criteria rather than
objective criteria will almost certainly cause problems for DNAs at
some stage.

Firstly, it leaves them wide open to complications / legal
challenges based on inconsistent treatment of applicants, and
although IANAL, its quite possible that in such a legal challenge
the DNA would go down like a bag of spuds.

The second problem applies to any 2LD where there are multiple DNAs.
In this situation the criteria for evaluating domain name
applications would have to be objective rather than subjective or
one DNA might reject an application which the other immediately
approves.

And note that the issue of having objective critiera applies to two
separate areas:

Firstly - in evaluating a domain name within a 2LD - ie deciding
whether a particular domain name is allowable.

Secondly - in evaluating whether an applicant is allowed to register
ANY domain name at all within a 2LD - ie. a DNA telling an applicant
"you can't have any domain name in this 2LD because your
organisation does not meet the criteria for this 2LD" ought to be
using objective criteria for that decision, or sooner or later
someone will challenge it and there'll be tears before bedtime.

Regards, Mark


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*  Message From : HUGHES, MARK          *
*  Location     : AUSTRALIA-CCA HDQ     *
*  KOMAIL ID    : N17503  (CCAMCQN1)    *
*  Date and Time: 08/15/97  16:33:23    *
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