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AUDA FAQ's from their Blog

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Some good info here: http://blog.auda.org.au/category/auda-faqs/ But why does AUDA still allow some complaints to proceed ( and cost a lot of time and money for the current rightful registrant) when the complaints clearly fall within the AUDA exact example below? Recent examples of complaints that should not have been allowed include for the very reasonsAUDA themselves give in their FAQ's include http://www.auda.org.au/pdf/LEADR-auDRP0311.pdf "The disputed domain has been held consistently since 2002 and subsequently lapsed for want of renewal. The Respondent acquired to the domain through an auction process, shortly after it became available for auction"

April 13th, 2011 How do I lodge a domain name complaint with auDA? by Vanessa Stanford Scotty: Muuuuum! Timmy is being mean to me!!!!!
Mum: Now Scotty, what do you mean by “Timmy is being mean to me”? Scotty: He’s just being mean to me! Tell him to stop! Mum: Scotty, you can’t just say Timmy is being mean to you without explaining how! Do you remember those times when we were children and just wanted our parents to sort out our brother or sister for us? In much the same way as Mum is trying to get Scotty to explain what he means by “Timmy is being mean to me”, auDA needs to have clear reasons to investigate a domain name complaint.

Simply claiming someone shouldn’t have a domain name is not sufficient reason for a complaint investigation. Neither is explaining why you, as a complainant, should have the domain name. As the policy authority for the .au domain name space, auDA develops and implements domain name policy. The backbone of .au domain name registration is covered by the Domain Name Eligibility and Allocation Policy Rules for the Open 2LDs (2008-05). As its name suggests, this policy talks about the eligibility criteria for .au domain name registrations. It also mentions the ‘first come first served’ allocation of .au domain names and that there is no hierarchy of rights in this industry. That means that having a trademark (for example) does not automatically give you an entitlement to a corresponding domain name. It make it a lot easier for us – and you – if you’ve familiarised yourself with these rules before lodging a complaint!

If you decide you do want to lodge a complaint about a registered domain name, here are a few other important things to know:

•Do your homework. For example, use the WHOIS tool to find out information about the domain name, including registrar information and the identity and contact details of the registrant.
•Refer to the auDA policy you believe the registrant is non-compliant with
•Explain why and which part/s of that policy you think the registrant has not adhered to
If you can reasonably explain how you believe a registrant is in breach of auDA policy/s then lodge your complaint by submitting the online form at http://www.auda.org.au/form-complaint-domainname.php.

If we accept the complaint for investigation, you will be provided with a complaint reference within 5 business days. Domain name complaint investigations generally take about 30 days to complete. In this time, we investigate all sides of the story, and make a decision based on the evidence and information we gather. If you’re successful with the complaint, then the domain name will be deleted, making it available for registration again.

Given many other people may be interested in the domain name, it may be quite difficult to successfully register it. For more information about deleted domain names and “drop catching” services see the Domain Drops and Processes blog piece.

It is important to note that the domain name will not be transferred to you. If this is your desired outcome, you should consider other options such as the .au Dispute Resolution Policy (auDRP). The purpose of the auDRP is to provide a cheaper, speedier alternative to litigation for the resolution of disputes between the registrant of a .au domain name and a party with competing rights in the domain name.
Given we are the policy authority for the .au domain name space, of course we also have a policy detailing our complaints handling. It is the Complaints Policy (2010-04) at http://www.auda.org.au/policies/auda-2010-04/.

Finally, as for Scotty and Timmy…..well you’ll have to wait for my next blog to find out just what happened. Vanessa.

March 2nd, 2011Domain Name Registration Tips by John Tomic
Some people believe that domain names are entirely the realm of technically-natured people – but that is not totally correct. Granted that delegating website building and mail setup to a tech is understandable, domain name registration and domain name hosting are two separate areas of having an Internet presence.

To register a domain name is to purchase a license enabling you, as an eligible entity, to have the domain name of your choice for a two year period. The technical part is really the manner in which you register domain names, which is essentially done completely online. But that is also the way one can register for an Australian Business Number (ABN – http://abr.gov.au) or submit a tax return (http://ato.gov.au). The prevalence of online shopping and banking should also mean the concept of transacting online is one that should not be alien to a vast number of people. A domain name registration is simply another addition to the maintenance of your affairs, whether they be of commercial (com.au, net.au), personal (id.au) or other (asn.au, org.au) purpose.

Here are some basic tips to keep in mind for your domain name registration:

•Add the maintenance of your domain name to any documentation that you have in your organisation (or personal life) related to the upkeep of your business (or personal matters). An important aspect of domain name registration is the upkeep of contact information – the most critical of these, is the registrant email address.
It is the method by which most domain name providers (registrars and resellers) attempt to contact registrants in order to send out renewal notices. Unfortunately, some registrants either forget, or neglect, to update their information once a change has occurred; and not all providers attempt to use alternate means to contact a registrant. As well, it is common practice for registrants to delegate responsibility for their domain name registration (in some cases without their knowledge or approval) to a third party to manage.

The loss of a domain name registration can have a significant impact on a registrant and if the domain name is of a generic nature, it is more likely to be taken by someone else as soon as it becomes available. And it is not always likely that the previous registrant is able to recover their domain name in such situations.

So, to avoid the situation of finding out that your domain name has expired or, even worse, been purged and registered by someone else, be vigilant in maintaining your domain name registration. Whenever your details change, contact your registrar or reseller and inform them of that fact. And double-check that the update has been performed, otherwise the following poem may be what ends up happening to you:

From auDA’s ‘Woe Is The Integrity Of .au Contact Information’, 2011.

The quality of contact information should not be treated with disdain.

For your name may droppeth as the gentle rain from heaven

Into the droplist where the opportune may then be blest;

It curses him that is idle and blesseth him that is watchful.

Though a complaint be thy plea, consider this,

That, in the course of investigation, none of us

Will see the past and only consider the present;

Should the current holder be eligible, and

Refuse salvation: do pray for mercy;

Which if thou follow, the court of auDA policy,

Must give judgment against the complainant.


November 8th, 2010Domain Drops and the Process by Jenelle Backman
Some questions we are often asked at auDA include, “My domain name has expired what do I do?” or, “A domain name is due to expire soon and I want to register it, how can I do this?”

As part of our new ‘FAQ’ series on the auDA blog, the following piece aims to answer these questions by providing information on: the domain name expiry process, how and why domain names are deleted, The Official Domain Drop List and what you need to know about domain drop catchers.

The Official Domain Drop List:The Official Domain Drop List went live in April 2010 as an outcome of a policy review on the Domain Renewal, Expiry and Deletion Policy in late 2009. The list is updated daily and includes the exact date and time when deleted or expired domain names will become eligible for purge from the registry.

Before the publication of The Official Domain Drop List, the public relied on information about when a domain name would be purged from the registry by their own calculations or unofficial drop lists that may not have been entirely accurate.

Also before the policy changes and the implementation of the drop list occurred, when a domain name was purged this happened at a random time during the purge day. The motivation behind this was to prevent people snapping up expired domain names however, it seemed that a random purge time mainly helped people or organisations with the technical expertise and processes in place to pick up these deleted names rather than ordinary members of the public.

The drop list is divided into two sections: expired domain names and deleted domain names. Expired Domain Names:As registrants are made aware when they initially purchase a .au domain name licence, exactly two calendar years after a domain name is registered it will become eligible for expiry. As further explained in the Domain Renewal, Expiry and Deletion Policy (2010-01), if a domain name is not renewed during the renewal period (the period from 90 calendar days before expiry) it will transition from “Registered” to an “Expired Hold” state and cease to function. This means a website attached to the domain name will go offline and any email addresses associated with the name will cease to function. This state will occur for 30 calendar days where registrants still have the opportunity to contact their registrar and renew the domain name. Failure to renew the name within this period will see the domain name transfer to “Expired Pending Purge” state. In this state a domain name can no longer be renewed, updated or transferred and will be published on The Official Domain Drop List. Exactly one calendar day after the domain name appears on the list it will become eligible for purge and be purged from the registry at the next cycle which occurs at 1.00pm (AEST) or 2.00pm (AEDT). The domain name will then become available for registration on a first come, first served basis.

Deleted Domain Names:There are two reasons why a domain name is deleted and published on the Official Domain Drop List, either at the request of the registrant or at the request of auDA. Why a registrant deletes their domain name could be for any number of reasons but why auDA will delete a domain name is due to a breach of auDA policy. The deletion process differs depending on whether the domain name was deleted by the registrant or auDA.

When a domain name is deleted at the request of the registrant, the domain name will transition from a ‘Registered’ to ‘Pending Delete’ state at the time the deletion command is submitted by the registrar. At this time, the domain name will be published on the Official Domain Drop List for 3 calendar days after which it will be purged at the next drop cycle.

Domain names that are deleted due to a breach of an auDA Published Policy will transition from a “Registered” to a “Pending Policy Delete” state at the time the deletion command is submitted by the registrar. At this time, the domain name will be published on the Official Domain Drop List for 14 calendar days after which it will be purged at the next drop cycle.
before attempting to register a domain name that appears on the deleted names section of the Official Domain Drop List, it is important to consider why the domain name was deleted. If the name was deleted by auDA then this would have been the result of a formal complaint being lodged against the previous registrant. In this case, whoever lodged the complaint may have some vested interest in the name and so to prevent having a successful complaint lodged against you for registering the same name, it is essential to assess whether you are in fact eligible for the name and are not in breach of any auDA policy.

Domain Drop Catchers:When a domain name has expired or has been deleted and someone would like to pick up the name when it becomes available for registration, we recommend that a person or organisation employs the services of a domain drop catcher. A drop catching service allows a person to lodge a pre-application for a domain name before it is due to drop, and then uses a special software program to attempt to “catch” the domain name at the registry as soon as it drops.

Without the necessary knowledge or technology it can be quite difficult for the general public to pick up these names. While we don’t recommend one over another it is advisable to thoroughly research and decide who offers the best service in this area for yourself. It’s important to note that there is usually a fee for using a drop catching service, in addition to the domain name registration fee that you will be charged if the service is successful in catching your domain name. Another feature of many drop catching services is that, if more than one person is interested in a domain name, there will be an online auction and the highest bidder will win the right to be the sole applicant for the domain name through that particular drop catching service. It is important to note that while employing the services of a drop catcher improves your chances of picking up a domain name it does not guarantee it as there could be several domain catchers competing to pick up the same name that is about to be dropped.
 
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