Property business sunk after domain dispute

A Sydney Web-based business has been stripped of its registered domain name with only 24 hours notice by an administrative body, after it was found to have "wrongly lapsed" from its original owner early last year.

After receiving an e-mail on Tuesday from Australia's domain name administration authority auDA, Danny Widjaja, the former owner of propertymatch.com.au, was left to inform his staff and a major investor that business was closed due to a dispute over the new Web site's domain only a month before it was due to go live.

"auDA only gave me 24 hours notice to give the domain name back to the original owner. I'd spent a year developing an entire business plan around it," said Widjaja in an interview today.

The dispute arose after it was found that auDA had incorrectly allowed Widjaja to register the domain last year, despite the fact that it had already been renewed by its original owner -- a mistake that was only discovered by auDA more than 12 months later.

Widjaja said he had to tell his major financial backer that the business was no longer viable without the name, and was forced to let go of two full time staff as a result of the decision. He said the investor is now pursuing the return of AU$50,000 in collateral that it outlaid for the business.

Brett Fenton, chief operating officer of domain name and Web hosts NetRegistry -- the company which hosted Widjaja's site -- told ZDNet.com.au today that Widjaja's business had been scuttled due to a "completely arbitrary decision" by the regulator. He said that the original mistake occurred during the 21-day "lapse" period when a domain name becomes deregistered and returns to the marketplace if its owner hasn't renewed it with auDA.

According to Fenton, the domain name was not being used at the time, and since being revoked from Widjaja it has returned to dormancy.

"You would have thought the CEO of auDA would try to mediate a sensible outcome, it's ludicrous that someone no longer using the domain should complain and cause this to happen," he said.

Fenton continued: "Why wasn't a service alert sent to the registrars 12 months ago and an attempt made to reconcile the registration and renewal dates?"

Executive director of the Cyberspace Law and Policy centre David Vaile said it was potentially a failure in governance by auDA to have taken so long to discover the problem, and then to have given Widjaja "such an unreasonably short period to rectify matters".

Speaking at the University of New South Wales a fortnight ago, German academic Martin Backes was critical of the authority and claimed that its dispute resolution process was inadequate.

"It's a symptomatic issue with auDA, issues like this should be brought to the attention of the wider domain public," he said.

auDA representatives were not available for comment.

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Talkback 17 comments

    What;s in a name??? Matt -- 22/02/08

    Bollocks - if the name was the centre pin of the business plan - then it was always going to fail.

    Shows no courage, no creativity, no perserverence, no guts - so they need to find a new name - - well???????????????? Just Do IT....

    Investors are more likely to continue with a team that guts it out than one that puts up the white flag at the first sign of trouble.

    Confidence in the regulation of domain names Anonymous -- 22/02/08 (in reply to #320096012)

    The issue here is that it should not be possible that an obscure regulator can come out of the blue with 24 hours notice and take a key piece of intellectual property away without anything wrong being done.

    This is a completely arbitrary decision that flies in the face of any consideration of balance of convenience by a Regulator who clearly has contempt for businesses.

    Moreover, the situation arose because auDA failed to act on knowledge it had of the issue 12 months ago. They failed to undertake their paramount objection of maintaining the integrity of the .AU space.

    They simply ignored the issue until someone complained (12 months later) and then acted arbitrarily with no consideration for the impact on an innocent party

    This is not an out of character case either.

    You know NOTHING!!! Aaron -- 22/02/08 (in reply to #320096012)

    I am a domain hunter.

    First of all, your comment shows that you know nothing about domain name business.

    Secondly, how do you feel if you bought a house, you moved and the government says that UPS ...we did made mistake BUT YOU NEED TO GET OUT FROM THE HOUSE TOMORROW.

    I believe Danny will not put up the white flag and I believe he also concerns about other businesses which might be in the similar situation.

    When something like this hits you, you probably will understand that you are NAIF, my young skywalker.

    Domain Hunter Anonymous -- 25/02/08 (in reply to #320096068)

    I can not wait until they implement a mandatory payment / no refund policy on the domain name registration.

    That will get rid of a massive amount of people like you and those who simply register a domain name to get income from parking on a name for a short time or trying to blackmail people for the use of the name.

    jobs.com.au Anonymous -- 25/02/08 (in reply to #320096191)

    Mr Denial, you are just mad aren't you?
    jobs.com.au was sold for US$500K. Do you want to join the club?

    One makes the money, millions get p***d off Anonymous -- 25/02/08 (in reply to #320096192)

    Yeah and all those other domains such as www.micrisoft.com or www.mocrosoft.com that simply prey on people's typing mistakes, fill them up with advertising or redirect to a competitor of the obvious desired site. If mocrosoft is a real company fine but if you are out to make a quick buck then I would love to post your real name and address and we will see how many christmas cards you get.

    Smart move Anonymous -- 25/02/08 (in reply to #320096195)

    Whoever took micrisoft and mocrosoft, I think they are really smart. We should worship their brain. Somebody is just jealous. Yes. Somebody.

    HA HA HA Anonymous -- 25/02/08 (in reply to #320096197)

    Somebody is just jealous. Yes. Somebody.

    I have nothing to do with domain registration, I do not even have my own personal site or even a myspace site.

    This was the first thing that came to mind, it's just that people like me really, really, really hate your type of people.

    I look forward to the rules changing so you have to pay for your domains up front with no refunds.

    You are weird but may the peace be with you Anonymous -- 26/02/08 (in reply to #320096199)

    Why do you feel bothered about the way people making money this way? What is your benefit for changing the rule? Why do you hate them like they are a serial killer?.

    This world currently has much greater problems such as terrorism, climate change, whale killings and genocide.

    I will rather look forward to have the world solving this problem if I really have nothing to do with domain registration.

    mirror mirror - look in it and see reality Anonymous -- 26/02/08 (in reply to #320096242)

    Look who is weird.

    Just because the world has major problems we should just ignore the smaller ones?

    We all have an opportunity to improve the world
    Some of us want to while some of us don't.
    Some of us can contribute by recycling, by turning the light off when we leave the room and some can protest against bad laws. Just because we do not wear a uniform and fight wars or uphold the law it does not mean we can not try and improve the world.

    What does you registering just about any domain name you can think off, adding costs to the registrars who pass it onto the consumer or using them to fill our mail boxes with junk have to do with benefiting the world as a whole, or are you simply trying to divert attention from you and your fat wallet.

    Domain Hunter? Ben -- 27/02/08 (in reply to #320096068)

    What do you use for huntin'? What, like Duane "the Dog" Chapman?
    Honestly, if you've got no reason to buy it other than to sell it on, then you're a parasite and you get what you deserve.

    I kind of agree Ben -- 27/02/08 (in reply to #320096012)

    This is obviously a terrible set of circumstances, but if having to change the name is all it took to kill it, one has to ask whether this was ever a viable company in the first place.

    I agree Anonymous -- 29/02/08 (in reply to #320096347)

    Ideally, the company should survive without the domain unless he just starts. I have a website and good traffic. Only use .com.au though. Thanks for the article. This is a good reminder for me to never use .com.au domain. I will be on the street too if they shave-off my domain.

    Lame Anonymous -- 25/02/08

    The guy hadn't even launched his business yet, so why would the domain name be of any importance to his profitability? matchproperty.com.au is available now... why not just change the logo and register that?

    I agree with Matt -- if your whole business plan relies on a domain name, auDA is the least of your problems.

    ****urance and Insurance Anonymous -- 25/02/08 (in reply to #320096185)

    And a year later if they come to you, say the same thing and give 24 hours notice, what would you do? change it again?

    Should all web development company add these to their budget every year such as redesigning logo, redo their campaign and marketing?

    I believe the guy is now trying to pursue "assurance" and "insurance" and he might be the one who is now in the position to defend small businesses and all web development companies in Australia.

    I own a small business and I start getting some traffic to my website. I need "assurance" and "insurance".

    If you need these, let's support him. If you don't then you are obviously Mr Anonymous from auDA.

    Membership of auDA Anonymous -- 27/02/08

    Membership of auDA is open to all stakeholders of the Australian domain name system.
    Become a Demand Class Member for only $22. Membership entitles you to vote at their Annual General Meetings. So join them and stop the anonymous bitching. Let auDA know how you really feel and help them make the Australian DNS the best:
    http://www.auda.org.au/membership/membership-overview/

    if it's not dotcom it's not on Anonymous -- 29/02/08

    Yet another reason to never bother with an au domain

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