auDA Licensing Rules Final Consultation

This just in, auDA release Final Consultation Licensing Rules

The rules governing the issuing of licences for the use of domain names in the .au ccTLD, as at April 2019.

Take a slow, long, hard look and read and let it sink in over the next few days:

Link: https://www.auda.org.au/assets/Uploads/auDA-Licencing-Rules-consultation-final.pdf

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And… it seems one or two auDA Board Members didn’t like many of The PRP’s recommendations…

https://www.auda.org.au/public-comment/

A number of the PRPs recommendations have been rejected. When considering the PRP’s report, auDA was not satisfied that there was sufficient evidence to justify such changes, considering that the changes would be difficult to enforce. “

Here, here!

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And … below are some very sensible decisions made by at least one auDA Board Member:

https://www.auda.org.au/assets/Uploads/Management-Report-PRP-Recommendations-Final.pdf

Recommendation 5

“A Person can transfer a licence to another eligible Person by novation of the Licence Agreement and by the transferee Person entering into a new Licence Agreement. The commercial nature of this arrangement is a matter between parties.”

“There is no evidence that domain name flipping as an investment strategy is having a negative impact on the utility of the .au domain nor resulting in a scarcity of domain names”

The PRP has not provided any evidentiary material on which to assess the nature of the warehousing problem and what, if any, action is required.

The warehousing prohibition appears to disproportionately target domain investors as the licence portfolios or holdings of trademark and brand owners will be excluded under the PRP proposal. This proposal elevates the rights of trademark and other intellectual property owners over other licence holders in the .au domain, which may give rise to issues of market power and anti-competitive practices.

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Recommendations 6 & 7

Management does not support the PRP recommendation for a resale and warehousing prohibition for the reasons set out earlier. The proposed test for determining whether a registrant has contravened the resale and warehousing prohibition will increase compliance costs for registrants and administration, monitoring and enforcement costs for auDA. These costs may be disproportionate to the risk or severity of the harm to the community from warehousing and the cost of a licence in the .au domain.

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Recommendation 9

“A person who satisfies the eligibility and allocation criteria for a licence in the com.au, net.au or .au namespace will be able to use that licence for any legitimate purpose, including domain name monetisation or domain name investment.”

“A domain name [can] be used for the purpose of pay-per-click or affiliate web advertising/ lead generation, or electronic information services including email, file transfer protocol, cloud storage or managing Internet of Things (IoT) devices.”

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Recommendation 16

Management does not support the retention of the Prohibition of Misspellings Policy (2008-09) as it duplicates existing causes of action under common law passing off, consumer law relating to misleading and deceptive conduct, trademark infringement and the .au Dispute Resolution Policy (2016-01).

Finally!!!!!! Woohoo!! No more silly “Misspellings Policy”!!! Good riddance!

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If you’re interested in reading about Implementation of Direct .AU before we write about this in detail soon… Start from Page 14.

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