[ga] auDA comments close on the 16th of March

["McMeikan, Andrew" <andrew.mcmeikan@mitswa.com.au>]

I do not recall seeing any comment on this list in regards to the new domain
policies under development for the .au domain.

Rather than shoot off a personal comment on what I see as some fairly big
flaws, could all Australians please have a look at
http://www.auda.org.au/panel/name/submissions.html and
http://www.auda.org.au/panel/name/papers/publicreport2.html also some
thoughts by others welcome and I think there should be a common approach to
comments made to the panel.

I particularly dislike the use of the word "licences", this seems to be
heading into a government revenue spinner if not careful.

>From second report recommendations
"3.1.2 All domain name licences should be subject to a renewal period, to be
specified by auDA, or by the relevant 2LD administrator subject to
ratification by auDA. The domain name licence holder should be required to
provide evidence of continued eligibility to hold the licence at the time of
renewal."
Other contentious points
"f. The domain name licence applicant must acknowledge at the time of
application that their entitlement to a domain name may be challenged by a
third party with superior legal rights in the words forming the domain name.

[NEW POLICY] 
There was support for the Panel's proposal that the onus to ensure that the
licensing of a domain name does not contravene any third party's rights,
such as trade mark rights, should be left in the hands of the domain name
licence applicant.
The Panel considers that it is not necessary to strengthen the proposal with
a requirement that domain name licence applicants provide a more formal
warranty that the domain name does not infringe trade mark rights. In
non-commercial 2LDs, trade marks are unlikely to confer superior legal
rights, since trade marks by their nature infer a commercial function.
g. The domain name licence applicant must agree to be bound by any Dispute
Resolution Procedure specified by auDA. 
[NEW POLICY] 
In its November 2000 report, the Panel outlined the requirements for a
dispute resolution procedure, modeled on the Internet Corporation for
Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Procedure
(UDRP). The Panel notes that there was overwhelming support for the adoption
of an Australian version of the UDRP at the same time as (or ahead of) any
changes to domain name policy. 
The Panel considers that dispute resolution procedures should apply to all
open 2LDs, and to closed 2LDs on an opt-in basis, with appropriate
modifications if necessary. An Australian UDRP should be devised and
implemented by auDA before or at the same time as any changes to domain name
policy.
This issue is also discussed in section 6.2 of this report."
closed 2LD's are .csiro.au .gov.au and .edu.au, rest are open.


	cya,	Andrew...


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