Re: DNS: Domain Registration in Australia

Re: DNS: Domain Registration in Australia

From: Larry Bloch <larry§netregistry.com.au>
Date: Tue, 17 Feb 1998 14:13:42 +1100
Ramin
You miss the point, which is that buying a business name SO THAT you can
register a domain name doesn't constitute an intended use of that busines
name for the purpose of profitable trade.

This is technically illegal.

Business Names are alternative identies for companies to use to trade. A
loophole in the MelbourneIT rules is enticing ISP's to advise their
customers to break the law to obtain the domain name of their choice.

Business Names do not exist as a means to obtain a desired domain name. And
its riduculous that Australian companies have to resort to these extreme
measures (and registration of a Business Name *without* the intent to trade
profitably using that name is fairly serious), when 80% or more of all
domains registered globally are not subject to these restrictions.

Larry Bloch

At 08:05 17/02/98 +1100, you wrote:
>Adam
>a mild disagreement.  there is no way that anyone can convince me that the
>980,000-odd business names correspond 1-on-1 with domain names, even if it
>was mandated that only the form wxy.john'stakeawayptylimited.com.au was
>used.  
>
>also, it cannot be totally illegal to register a business name to secure a
>domain name.  why would that be? especially if the domain name helps your
>business?  whilst use of a domain name does not imply trading under that
>name.  For example, if amazon.com had not registered the business name
>amazon.com corporation (i guess amazon corporation was already being used
>by at least one other company), does that mean that amazon.com should cease
>trading or change names.  Not.
>
>also, you say "> You are not suppose (sic) to use a Business Name as a form 
>of identity."  Please let me understand this.  What else is a business name
>to be used for?
>
>Must have been the late night.
>Hang Ten
>Ramin
>
>
>Adam Todd wrote:
>> 
>> >> Where use for a domain name is concerned, it would be totally illegal to
>> >> register a business name to secure a domain name, unless you trade under
>> >> the business name.  The Act requires that you intend to trade to make
>> >> profit from the Business Name.
>> >
>> >As the domain would be based on the Business Name, surely using the
>> >domain could/would be considered trading under that name. Of course
>> >there would be exceptions to this, but...
>> 
>> Trading means to exchange goods and services for revenue.  Just using a
>> Domain Name doesn't mean you are trading under the "name".
>> 
>> Many people have been using Domain Names and Business Names as
>> interchangeable identies which is wrong, because the Business Name is then
>> owned by someone who has another business name they trade under or a
>> company that is actually trading.
>> 
>> You are not suppose to use a Business Name as a form of identity.
>> 
>> But when have people in Australia been law abiding citizens?
>>
> 
---
Larry Bloch                              email:  larry&#167;netregistry.com.au
Chief Executive Officer                  Office: +61-(0)2-9555 6299
                                         Fax:    +61-(0)2-9555 5808
NetRegistry Pty Limited
http://www.netregistry.com.au
Domain House, 3 Hosking Street, Balmain, Sydney NSW 2041
Received on Tue Feb 17 1998 - 14:38:14 UTC

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