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Not realistic for .Com.Au to have first rights to .Au

snoopy

Top Contributor
So the submissions are are up as Ned pointed out,

One thing that really stood out for me is pro .au people seem to be relying on .com.au owners getting first rights.

e.g. from one response

Whoever has the .com.au version of an Australian domain name should be given first preference to the .au direct registration version. They should have 30 days to claim their exact match .au direct registration version. If they choose not to collect their .au direct registration version within 30 days, the .net.au and .id.au and .org.au exact match domain name holders should have equal second-chance rights. If all .net.au and .id.au and .org.au holders wish to have the exact match version of their name, they should have to discuss amongst themselves who should end up with the domain name.

Look at the other submissions though (from corporates, lawyers, non profits etc) and it clear why it will never work out that way.

Example,
ACCAN believes all 2LD registrants should have the same degree of rights.

https://www.auda.org.au/assets/Uploads/ACCAN-10-November-2017.pdf

I want .com.au to have rights over .net.au, id.au etc. But after reading all the submissions I haven't read a logical argument as to why (nor can I come up with one), .net.au is 2nd rate isn't a justification. I want .com.au to have a preference because I own .com.au's! There is even two responses out of around 45 public submissions from .id.au owners stating they should have equal rights. There is plenty for .gov.au etc. I think it is pretty clear where things are going as people are saying they have rights all over the place.

For those who want .au on the assumption that the .com.au owner get first rights, they will get thrown under the bus by AUDA. Watch as these people (Lemon, Robert) suddenly jump ship to the "against" camp when the inevitable "no hierarchy of rights" principle gets up. Given AUDA's history it will probably end up with auctions if it ever happens at all.
 

Data Glasses

Top Contributor
If we are to pay the same registration amounts for .com.au and .net.au I do not see why the .com.au should get any preferences ....... my two cents, regards
 

Shane

Top Contributor
It's a scary thought.

I have the com.au and net.au locked up for most of my important domains, but not all. In some cases where I don't, the net.au has an earlier create date...

And even where I do have the com.au and net.au, is that going to be enough? Can someone work the system to grab the org.au or id.au, and stop me from getting the .au?

The panel has a lot to think about, especially in the way that it will affect SMEs like mine and thousands of others like it.
 

snoopy

Top Contributor
And even where I do have the com.au and net.au, is that going to be enough? Can someone work the system to grab the org.au or id.au, and stop me from getting the .au?

Well, they are already lining up, .gov.au, .edu.au and even 4th & 5th level domains aswell. domain.nsw.gov.au -> domain.au etc

eDAC believes that all registrants within the .edu.au and .gov.au domains should be eligible for priority registration, including those registered at the fourth level.

https://www.auda.org.au/assets/Uploads/EDAC-10-November-2017.pdf
 

DomainNames

Top Contributor
  • auDA auctioned .com.au names and people have paid a lot of money investing in them based on information put out by auDA ( and some past board members) it was a good investment.
  • auDA has not contacted those registrants to survey them or get any input about the proposed competing .au extension
  • All of those registrants may have a valid claim against auDA based on the processes followed to date and tarnished ways surveys where done, conflicts of interest oif board members and auDA itself.
IF .com.au do not get first rights and this is not done far more properly with every existing .au registrant properly surveyed an informed of the costs, rights etc I will be a probably party to any Class Action Lawsuit.
  • Surveys where rigged with yes only voteing and poo wording
  • Some past / present Board members swayed results to potentially profit themselves
  • The list goes on

"John Swinson noted that it was open to the Panel to tell the auDA Board that, as a practical matter, direct registration could not be implemented."
http://www.domainer.com.au/setting-the-record-straight/
 

Horshack

Top Contributor
IF .com.au do not get first rights and this is not done far more properly with every existing .au registrant properly surveyed an informed of the costs, rights etc I will be a probably party to any Class Action Lawsuit.
I doubt that it even get off the ground. It's obvious that there's no hierarchical rights so it's the class action if .com.au domain owners are given priority that would be of most concern.
 

boppity

Regular Member
.com.au was originally only for commercial entities, and net.au for telcos and ISP's, and others as still currently defined. .Net.au having same regn rights is only a recent thing as .net.au was being used as an alternative to unavailable .com.au. and is now used that way. So .com.au is by its own history the highest level .AU domain you can get. To allow direct regn to jump the queue is going extremely litigious and politically suicidal, if we organised a defence.
With the legacy of .com.au having preeminance, if com.au do not get first rights to .au it will diminish the investment made of virtually every Australian business. If it turns out this way a political campaign will be most necessary to put a halt to this theft of property rights by proxy. Representation to every major business organisation and educating the media on the danger facing businesses being usurped or passed off by direct registrations of what they believed was the only preeminent .com.au domain and the loss they will suffer is probably the best way to stop third party access to direct registrations.
 

DomainNames

Top Contributor
I doubt that it even get off the ground. It's obvious that there's no hierarchical rights so it's the class action if .com.au domain owners are given priority that would be of most concern.

"I doubt that it even get off the ground" many people said to the Wright Brothers..

Lodging Flight Plan
Taking Reservations
Checking in passengers and baggage
Wheels Up
Arrive at Destination Goal
 

snoopy

Top Contributor
.com.au was originally only for commercial entities, and net.au for telcos and ISP's, and others as still currently defined. .Net.au having same regn rights is only a recent thing as .net.au was being used as an alternative to unavailable .com.au. and is now used that way. So .com.au is by its own history the highest level .AU domain you can get. To allow direct regn to jump the queue is going extremely litigious and politically suicidal, if we organised a defence.

In what way is .com.au "the highest level .AU domain you can get"? Is running an ISP lower level? is running a government website "lower level"? Is running a .conf.au website "lower level"?


With the legacy of .com.au having preeminance, if com.au do not get first rights to .au it will diminish the investment made of virtually every Australian business.

It will diminish the investment no matter what the policy, that is what it is all about, a wealth transfer from domain users to domain suppliers.
 

Erwin

Top Contributor
“The Panel agreed that .au should be differentiated from the underlying 2LDs. The Panel did not reach consensus on the purpose of .au (commercial, campaigns, government etc) but noted that .au could be a less regulated space compared to the 2LDs.”

That .au without restriction might seem a good idea, not for those business owners who own the similar .com.au or .net.au
 

DomainNames

Top Contributor
“The Panel agreed that .au should be differentiated from the underlying 2LDs. The Panel did not reach consensus on the purpose of .au (commercial, campaigns, government etc) but noted that .au could be a less regulated space compared to the 2LDs.”

That .au without restriction might seem a good idea, not for those business owners who own the similar .com.au or .net.au
 

DomainNames

Top Contributor
"John Swinson noted that it was open to the Panel to tell the auDA Board that, as a practical matter, direct registration could not be implemented."
 

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