Stupidity
- Thread starter Lemon
- Start date
Lemon
Top Contributor
Lemon
Top Contributor
There are a few. Check out the newly listed and recent drops.
http://www.netfleet.com.au/index.php?a=cat&cc=256
http://www.netfleet.com.au/index.php?a=cat&cc=256
neddy
Top Contributor
I totally agree that this is sheer stupidity. Though on the other hand it could be sheer ignorance (which is no excuse in the eyes of "the law").
The registrants are just asking for trouble with auDA (who do read this forum!). Perhaps they should remove them quickly.
Having said that, I don't think NF are to blame - difficult to police every listing. They have to rely on the fact that sellers have read the T & C's.
For those that don't know, here is the auDA policy.
http://www.auda.org.au/policies/auda-2008-05/
Chris.C
Top Contributor
I recommend just watching to see if it sells (hopefully not before the 6 months of ownership) - if it does they might be worth mimicking rather than mocking.
One mans trash is another mans treasure. If you are holding the trash you just need to find the man who thinks it's treasure.
the_other_james
Regular Member
The likely scenario to this specific name is that it expired and the prior owner had it listed for sale. More than likely, since NetFleet doesn't reconcile their domains with their own pool of expired names *why not?* it has been left dormant in their market place for sale.
neddy
Top Contributor
That actually is a good point James. It certainly can happen. But I'm sure Lemon did his homework before he posted.
I just checked a random one myself - and this is definitely a new listing today. No names, no pack drill. I'm sure there are others. And the particular registrant should perhaps know better. But it's their risk.
the_other_james
Regular Member
Wow, then I stand corrected thanks Neddy. I actually wish that I would have been right, but as it appears I'm wrong and that means that someone should stand corrected as well and pull the domain name for being wrong as well.
Mark
Top Contributor
I think it's lack of awareness, or I'd like to think so. I've added a notice at the top of the page when adding domain names, just reiterating the Transfers (Change of Registrant) Policy (2008-08), so hopefully a bit more clear to newbies etc.
We have had a system for a while now that removes all unregistered domain names each night. I have bulked this out now so it will remove all domain names that appear in the drop lists. Nice and tidy, and admittedly, overdue
neddy
Top Contributor
Both excellent moves imo.
As I said in an earlier post, the onus shouldn't be on NF to police this. Individual responsibility and all that. But it's good if you can.
shags38
Top Contributor
there is no rule against selling a domain within 6 months - the rule is for transferring ownership and the two are chalk and cheese. Anyone can enter a sale transaction agreement for anything, including a domain, and then "conclude" the transaction and transfer of ownership at a future mutually agreed time frame. Not auDA nor any body can stop you from selling anything that you own, or in the case of a domain own the licence to the domain, any time you want to - in the case of a domain the new "owner" cannot take actual possesion for 6 months however that does not prevent a legal arrangement for use of the domain by the new owner prior to transfer of ownership - kinda like a lease at no cost.
So offering the domain for sale is not a problem at all and neither is actually selling it prior to the 6 month imposition.
So offering the domain for sale is not a problem at all and neither is actually selling it prior to the 6 month imposition.
Lemon
Top Contributor
Actually there is a policy against registering a domain for the sole purpose of selling it. So if you registered a name why would you list it on NF the next day.
Well one answer might be you just want to get a feel of the market - just like Johno suggested Pacific Octane were doing earlier today in this thread -
http://www.dntrade.com.au/happened-pacific-octane-t2591.html
However, personally i don't think it's a good idea to do so. I don't think there's any point listing a domain if you're not able or prepared to sell it (for the right price of course).
neddy
Top Contributor
All I can say is if you or anyone else does this then you are asking for trouble. You will be putting a big target on your back.
Yes, semantically you may be right, but you or whoever would be breaching the "spirit and intent" of the policy set out by auDA.
Here is a link to auDA's PDF on the topic: http://www.auda.org.au/pdf/registrant-transfer.pdf
These are the salient points (read the last bullet point because this was what the thread was originally about):
THE KEY ELEMENTS – CONDITIONS OF THE SALE OF .au DOMAIN NAMES.
• You cannot register a domain name for the sole purpose of
resale or transfer to a third party.
• You cannot transfer your domain name for the first six
months after it is registered (this does not apply to domain
names that have been renewed or previously transferred).
You can apply to auDA for authorisation to transfer within
the first six months in special circumstances.
• After six months, you can offer your domain name for sale
by any means.
Speaking with my DN Trade Administrator hat on, I advocate responsible domainining behaviour, and abiding by the spirit of the policy.
Who knows Shags38, the policy may change in time, but you can only play with the cards that are dealt to you.
neddy
Top Contributor
Agreed!
shags38
Top Contributor
All I can say is if you or anyone else does this then you are asking for trouble. You will be putting a big target on your back. (not that I would do such a thing but in the unlikely event that someone else did how will anyone know about it?)Yes, semantically you may be right, but you or whoever would be breaching the "spirit and intent" of the policy set out by auDA.(kidding right, about spirit that is - can you imagine an accountant saying the same thing about the the ATO?
Here is a link to auDA's PDF on the topic: http://www.auda.org.au/pdf/registrant-transfer.pdf
These are the salient points (read the last bullet point because this was what the thread was originally about):
THE KEY ELEMENTS – CONDITIONS OF THE SALE OF .au DOMAIN NAMES.
• You cannot register a domain name for the sole purpose of
resale or transfer to a third party.
• You cannot transfer your domain name for the first six
months after it is registered (this does not apply to domain
names that have been renewed or previously transferred - not correct - you cannot transfer a domain within six months regardless of previous renewals or transfers if you are the new licensee - buy a domain at auction or privately and the 6 month rule applies from the date of transfer to the new lessee).
You can apply to auDA for authorisation to transfer within
the first six months in special circumstances.
• After six months, you can offer your domain name for sale
by any means.
Speaking with my DN Trade Administrator hat on, I advocate responsible domainining behaviour, and abiding by the spirit of the policy.
Who knows Shags38, the policy may change in time, but you can only play with the cards that are dealt to you.
Hi Neddy - I haven't yet had the pleasure. It seems to me that many domainers are adding interpretation to the auDA rules that isn't there or adding a literal misperception of an organisation with the ability to dictate business transactions aside from the assignment of a licence to use a domain ....... The rule is draconian and rightly under review. The "intent" aspect of the rule and the construction of the rule was made in a previous era and just like the reference in the American Constitution constructed in 1776 about "it is the right of every citizen to bear arms" it is not relevant in 2011.
Are you seriously saying that if you had an interested party that wanted to buy a domain from you for good money under the 6 months trade restrictive rule that you would not enter into a "form of sale agreement" and then consumate the deal when the time clock ticked over?
"Speaking with my DN Trade Administrator hat on, I advocate responsible domainining behaviour, and abiding by the spirit of the policy."
If I feel any pain in my back near the target soon I will likely have an idea where it may have come from
Let's hope, Neddy the Administrator, that we can have freedom of speech and opinion in this forum and not have to be auDA indoctrinated lemings.
neddy
Top Contributor
Likewise.
Absolutely - you're still here aren't you? Though if you mention 3D domains again we'll have to have a serious talk.
Shags38, you do whatever you want to do. I'm just giving you my advice about auDA policy for whatever you take it to be worth.
If you want to be Don Quixote and "tilt at windmills", then that is your prerogative. Good luck!
shags38
Top Contributor
Likewise.
Absolutely - you're still here aren't you? Though if you mention 3D domains again we'll have to have a serious talk.
Shags38, you do whatever you want to do. I'm just giving you my advice about auDA policy for whatever you take it to be worth.
If you want to be Don Quixote and "tilt at windmills", then that is your prerogative. Good luck!
Cheers Neddy
(will be a 3D smile next time)
