Mallesons Stephen Jaques
Confidential communication
 
I was very relieved to read Luke's description of how it really works and
agree with Justin's comments.  However, isn't the real issue for the Names
policy review why it is not possible to assign registrations.  As e-commerce
is supposed to make things easier and more efficient, it is very strange
that this process is so fraught with difficulty.

Warwick A Rothnie
Partner
Mallesons Stephen Jaques Melbourne
Direct line (61 3) 9643 4254
Fax (61 3) 9643 5999


-----Original Message-----
From: Justin Sullivan [mailto:js§justnet.com.au]
Sent: Tuesday, 3 October 2000 10:05:AM
To: dns§auda.org.au
Subject: Re: [DNS] Selling com.au names [was: Re: AuDomains.com]


At 08:44 3/10/00 +1000, you wrote:
>I think you will find with INA, that when you request a Termination and
>Re-Applicaiton for a domain name, the termination is NOT actually
>performed
>first.  The new application would be checked, and if approved, then the
>domain is terminated and applied against the new company.  If the
>application
>is rejected, then the termination is NOT processed.  Hence the domain
>name
>is not lost at all.
>
>As for net.au domain names, that's how we work it.  If your
>re-application
>is not successful, we don't process the termination.  As for down time
>for the domain name itself, during the change of company name, there
>isn't
>any... The domain name itself isn't physically removed.
>
>Hope that clears it up a bit...

Hi,

I would like to think this is how it works with INA too. What worries me 
(and my clients) is that INA need you to sign a form that says:

"I acknowledge that once the domain name has been deleted it will be 
available for registration by the first registrable application received."

I would be much happier if the form added something like what Luke says 
above, i.e. "[The enclosed application will] be checked, and if approved, 
then the domain is terminated and applied against the new company.  If the 
application is rejected, then the termination is NOT processed."

In other words, cancel the existing license only if the new application is 
sensible. And if the new application is sensible, then have the form 
indicate the transfer will take place to the new applicant listed on the 
enclosed form, rather than "by the first registrable application received".

I imagine that INA may work in this way already, in practice. What concerns 
me is that this isn't nearly as clear as it could be on the relevant forms 
and as I said earlier I think there needs to be an unambiguous, zero risk 
option for transferring names.

JS

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