Domain Leasing ???

Australian Adult · #1 31-12-10, 05:25 PM

Hi All,
I have enquiries about selling some of my domains..
I have quite a few that i really don't want to part with.
I had a look at the auda website, but couldn't find any rferences to domain leasing .com.au's.
Is it legal ?
Has anyone done this before ?
Any advice would be greatly appreciated.

Rhythm · #2 31-12-10, 11:38 PM

I think auDA were trying to get feedback in order to create a policy to address this issue.

http://www.auda.org.au/2010npp/2010npp-07102010/

Quote:

c. Issue 1.3 Leasing

Some Panel members noted that there may be legitimate commercial reasons for sub-licensing domain names (eg. IP protection). It was suggested that leasing be allowed as a purpose under the close and substantial connection rule, however it was noted that this would be inconsistent with the prohibition on registering for the sole purpose of sale.

The Panel agreed that this issue be discussed in conjunction with Issue 3.2 on domain monetisation practices, given that the issues are somewhat inter-dependent.

d. Issue 3.2 domain monetisation practices

Panel members noted the difficulties in enforcing the current policy. Some Panel members also expressed the view that the policy is harsh and unfair, with unintended consequences due to the broad and uncertain definition of “monetisation”. It was noted that domain monetisation is a legitimate commercial endeavour and has been an accepted practice in the gTLDs for some time.

It was suggested that domain monetisation can be dealt with under the general policy rules, and there are other safeguards and protections that can be relied on to address bad faith behaviour.

There was general agreement among Panel members that the policy is currently unworkable and should be significantly changed or abolished completely.

Luke · #3 01-01-11, 11:59 AM

Yup, we can't do it at the moment but it could be introduced in the future.

DavidL · #4 01-01-11, 02:12 PM

To be honest I think you'd struggle to find and willing lessees. I've never heard of it happening despite every domain owner keen to do it (inc me)

It's akin to renting out an empty block of land - any tenant would be loathe to put blood sweat and tears into building and marketing a property for someone else.

snoopy · #5 02-01-11, 10:31 AM

Quote:

Originally Posted by DavidL

To be honest I think you'd struggle to find and willing lessees. I've never heard of it happening despite every domain owner keen to do it (inc me)

It's akin to renting out an empty block of land - any tenant would be loathe to put blood sweat and tears into building and marketing a property for someone else.

Needs to have type in traffic to work in my view. As you suggest the problem being that nobody is likely to develop a name that they don't have the option to buy. Needs to work both ways.

WG2010 · #6 02-01-11, 10:56 AM

I know someone that just signed a 15 month ($400 per month) lease agreement with the option for the lessee to purchase the domain at the end of the agreement at no more than a specified price.

I can't get into specific details as I don't have permission but the client liaised with the web dev company which struck the deal with the owner of the domain (it's not a parked one, there is a site built which has rankings).

spacey · #7 02-01-11, 05:13 PM

from memory this is run by a member here

http://www.dnmarket.com.au/

Cooper Mills DomainLawyer · #8 03-01-11, 09:13 PM

My view is that unless there is an express prohibition (which there currently isn't) you can sub-licence your domain name. auDA may take a different view. I have seen this take place first hand in dozens of situations.

auDA is seeking feedback on this point and many others like Monetisation. Sub Licensing domains is critical to SME business, most savvy business people licence all of their IP (domain names, trademarks, business names etc) to trading entities (for IP protection).

I recommend that everyone provide feedback to the current auDA Names Panel, the issues the panel is looking at are of critical importance to domainers and small business. I strongly recommend that everyone review the discussion paper and send in your views by email - details are here

ant · #9 04-01-11, 01:53 PM

I have also heard many instances of people leasing domains to help convince potential buyers. I have also just completed the auDA survey and provided feedback that leasing should be allowed.

daddybat · #10 04-01-11, 03:18 PM

Quote:

Originally Posted by Cooper Mills DomainLawyer

My view is that unless there is an express prohibition (which there currently isn't) you can sub-licence your domain name. auDA may take a different view. I have seen this take place first hand in dozens of situations.

auDA is seeking feedback on this point and many others like Monetisation. Sub Licensing domains is critical to SME business, most savvy business people licence all of their IP (domain names, trademarks, business names etc) to trading entities (for IP protection).

I recommend that everyone provide feedback to the current auDA Names Panel, the issues the panel is looking at are of critical importance to domainers and small business. I strongly recommend that everyone review the discussion paper and send in your views by email - details are here

Just did the survey. I suggest that you all make your voices heard!

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