Posts Tagged ‘domain law’
Monday, May 13th, 2013
Global internet regulator ICANN has announced that it has now approved the new GTLD .melbourne, making it one of the first new Australian GTLD applications to be approved.
All new GLTD need to pass an evaluation process before approval. The approval of .melbourne brings this new GTLD a step closer to going live.
The Victorian Government has not yet announced what the cost or eligibility criteria will be for the new extension, but it is anticipated that registration will only be open to businesses with a physical presence in Melbourne, Victoria.
Following a successful tender process Melbourne based ARI Registry Services won the tender to provide registry services for .melbourne. ARI Registry Services is part of the Ausregistry Group who provide registry services for .au domains.
Saturday, September 15th, 2012
Australian Company Pixel Capital Pty Ltd has announced that it has purchased Accommodation.com and Accommodation.co.uk for USD$528,000.
It is reported that the sale is one of the largest domain acquisitions in 2012, and provides Pixel Capital with a strategic platform on which to build a global accommodation business aimed at supporting charity. Pixel Capital’s founder Roland Bleyer said:
Pixel Capital previously acquired premium domain name creditcard.com.au for $USD160,000 in 2009.
Tuesday, February 21st, 2012
auDA has today announced the membership of the 2012 Industry Advisory Panel.
The Panel has been set up to review the structure, regulation and competition in the Australian domain name industry.
Cooper Mills Director, Erhan Karabardak has been appointed to the Panel, which will commence its review in March. The Panel also includes representatives of the ACCC and the ACMA.
Tuesday, February 21st, 2012
Ausregistry and auDA have released a report from Deloitte Access Economics, which identifies the economic contribution of the .au domain industry at $475 million, just short of half a billion dollars.
The report is the first of its kind dedicated to assessing the economic impact of the .au domain space. The report examined a number of different issues including the employment created by the .au name space. The report states that total full time equivalent positions of 4,330 exist.
The report also provides useful registrant data, for example 53% of all .au domain names are registered by companies and 14% by sole traders, while 80% of all .au domain names were registered by registrants located in major Australian cities, predominantly on the eastern seaboard.
A copy of the report is available here.
Tuesday, February 21st, 2012
.au Domain Administration Ltd (auDA) the regulator of the .au domain name space today (15 December 2011) released a review of governance undertaken by Westlake Consulting Ltd and Argo Pacific.
The report is a 107 page report which was prepared after consultation with a broad variety of stakeholders in the .au space including government, and Cooper Mills Lawyers. The report made 15 recommendations to the board including limits on the tenure of Directors and the publication of an Accountability and Transparency Framework.
The issue of Accountability and Transparency has featured prominently in the report, most likely as a result of the perception that auDA was secretive.
Of particular note in the report is a call for improvement in the relationship between government and auDA – earlier this week we reported that the Prime Minister had taken responsibility for Cyber Security from the Attorney General’s Department.
We hope to publish a more comprehensive analysis of the report shortly.
Tags: .au governance, auDA, Cooper Mills Lawyers, domain law, domain lawyers, domain name law, domain name lawyer
Thursday, November 10th, 2011
We are often asked, is it possible for someone who isn’t Australian to register .au domains names. The simple answer is yes absolutely!
In Australia we have a requirement that a registrant of a domain name must be ‘eligible’ to hold that domain name.
There is a specific policy which regulates eligibility, this is called the Domain Name Eligibility and Allocation Policy Rules for Open 2LDs (‘the Policy’). As there are tough requirements on registering .org.au, most foreign registrants are likely to only be eligible to hold .net.au and com.au domain names if they are able to satisfy the eligibility requirements.
For foreign registrants these requirements for eligibility (for .com.au and .net.au) have a 2 step process, eligibility and entitlement to register.
To be eligible a foreign registrant must be:
One a registrant is able to demonstrate eligibility, it has satisfied the first step.
Entitlement to Register
The entitlement to register comes down to this, a domain name must be:
An example of a foreign entity who can register a domain name may be a USA Company, Ted’s Computers LLC. Ted’s Computers LLC applies to register the trade mark, Ted’s Super Computers and Accessories.
Even though the application for the trade mark has not been registered Ted’s Computers LLC could register tedssupercomputersandaccessories.com.au (which is an exact match of the registrant’s trade mark) or it could register TSCA (which is an abbreviation or acronym of the registrant’s or trademark) or tedscomputers.com.au (which is an exact match of the registrant’s name).
Ted’s Computers could also register names that it has a close and substantial connection to for example computers.com.au, routers.com.au, monitors.com.au, printers.com.au, keyboards.com.au, mouse.com.au, computercamera.com.au – as these are all products that Ted’s Computers sells.
How to become eligible
If you would like to become eligible then Cooper Mills Lawyers can assist you to:
*This blog post is based on the Policy position as at 9 November 2011. This is not legal advice and you should obtain legal advice specific to your particular circumstances.
Thursday, November 3rd, 2011
It has been reported that the Carnegie Fund, a fund supported by the Australian Government through the Innovation Investment Fund (IIF) program has invested $3 million in Winged Media.
According to Domain Name Wire, Carnegie Fund provided the investment on the strength of websites such as Protrada operated by Winged Media.
Protrada provides aggregation of domain name auction platforms including Sedo and Godaddy.
This investment highlights the value of the Australian domain industry, which has continued to break records in investment over the past 12 months.
Wednesday, October 26th, 2011
The Victorian and New South Wales governments have teamed up to open a tender for the application and provision of registry services for new GTLDs including .melbourne and .sydney.
The tender appears to be for a ‘start to finish’ service provider who can apply to ICANN for the GTLDs, manage the process and provider registry services.
There are a number of local players who would be likely to bid in the tender process, including Melbourne IT (who originally managed the .au space) and Ausregistry who currently provides registry services for the .au space (as well as a number of other international TLD and ccTLDs).
Tags: .melbourne, .sydney, domain law, domain lawyer, domain lawyers, domain name law, domain name lawyer, domain name lawyers, technology law
Monday, September 5th, 2011
.au Domain Administrator, auDA, today announced that it had accepted the recommendations of the Secondary Market Working Group, which included the highly controversial prohibition on the resale of newly registered domain names within 6 months of registration.
Among the recommendations of the Board that were accepted by auDA are:
The most noteworthy change was the removal of the restriction on the resale of domain names. This policy was seen to be inconsistent and illogical by many industry players. The restrictions did not apply to domain names transferred but only on new registrations.
Some industry observers say that this decision effectively removes restrictions on the trading of domain names, and brings Australia into line with almost every other jurisdiction around the world.
Other changes included the provision of more information to consumer and registrants about domain name transfers and domain name drop services.
Wednesday, July 27th, 2011
Daniel Goncalves a Union County man has been sentenced to a term of 5 years imprisonment for the theft and sale of the domain name P2P.com, in what is believed to be the first domain name theft case of its kind.
It was alleged that in 2006 Goncalves gained unauthorised access to an AOL email account operated by the registrant of P2P.com, in order to authorise a transfer of the domain name. Once the name was transferred Goncalves apparently sold the domain name on Ebay for $111,000. He was later arrested on 30 July 2009 and was indited for a range of offences including computer theft. He plead guilty to those charges in 2010 and was this week sentenced.
The domain name has been returned to its rightful owners and the Court ordered that Goncalves pay an amount in restitution to the victims.