Domain Speculation

[Moldydish]

"Sorry Jen but this sounds a bit like standing in the middle of nowhere hoping that someone else builds a railway line so you can hop on their train when/if it ever comes.

I think you are attributing too much importance to thinking up a domain name. Lots of people seem to think that there is a contradiction between having the original ideas and the business of putting them into practice. The idea and domain name is the easy bit and, if you stop there, you never really have to put yourself or your idea to the test. The creativity and challenge comes from nurturing that idea into reality. Think of it as the difference between thinking of the title of a song or a book, and actually producing the finished product. " quote from BCL


I understand your point here BCL, though in this case it doesnt really relate to the reason for my enquiry. I actually do quite a few things off line which involve quite alternate and original creativity, focus and practice and when I do them I throw myself into them, bring them to fruition and they are succesful. I came to the forum from the simple point of looking into running a website to connect with clients and find out how I could do this while the site also paid for itself. That is one thing - but it is not to do with my question for this thread. Im just asking about domain speculation.

I have had the experience of composing music and playing it to audiences which was recieved well, creating sculptures and paintings that were quite original and shown in main venues, and writing philisophical pieces that were fresh and different with some success. I dont have a problem working to bring to fruition an idea which involves art , performance, or alternative communications (though in the past I didnt want to be boxed in to any profession) In fact I dont have a problem coming up with an original approach in a mundane workplace and then seeing it to fruition. So in response Gayle I have indeed stood in the middle of somewhere and come up with an idea that I then developed to the point of successful performance or completion rather than waiting for someone else to build it. BUT That is though not what I have been asking about here!


In this actual case I am just trying to do something that is not so personal (yet allows me the use of original and intuitive thought) from which I could have no problem using just for making money. It would be a sideline and not take up much time. This is, as you have pointed out to me, an affiliate marketing forum and is about money making through affiliate marketing and internet marketing in general. I asked a question that was actually about pragmatic stuff. People do create domain names in order to resell and that is what I am asking about.


Sooo I have just been wanting to know what legal problems could occur in very original domain speculation. I did take on your point about the ppc loaded domain parked sites and so I actually am now a little put off about doing this. Still, I wish to hear more on any legal problems with domain speculation in the manner I have explained (many times over actually).

Jen

[bcl]

Originally Posted by Moldydish

I understand your point here BCL, though in this case it doesnt really relate to the reason for my enquiry. I actually do quite a few things off line which involve quite alternate and original creativity, focus and practice and when I do them I throw myself into them, bring them to fruition and they are succesful.Jen

Jen, I didn't for a moment mean that you personally don't see things to fruition. I was talking about the idea of a project of registering domains with the aim/hope that they would become worth something one day and comparing it to other creative endeavours. Perhaps because my work is something I that I find rewarding in ways other than just earning money, it seems to me that there are better ways to spend one's time than to just register a domain and hope for the best.

I think the questions re legal aspects have been dealt with earlier - but try these for a bit of light reading
Smart Start - Sunny Side Up
Smart Start - Trade Marks

[Moldydish]

Originally Posted by bcl

Jen, I didn't for a moment mean that you personally don't see things to fruition. I was talking about the idea of a project of registering domains with the aim/hope that they would become worth something one day and comparing it to other creative endeavours. Perhaps because my work is something I that I find rewarding in ways other than just earning money, it seems to me that there are better ways to spend one's time than to just register a domain and hope for the best.

I think the questions re legal aspects have been dealt with earlier - but try these for a bit of light reading
Smart Start - Sunny Side Up
Smart Start - Trade Marks

Without a doubt if we were comparing domain prediction (as a domain sale or parking enterprise) with building on a creative idea - of course the former is less fullfilling. I have said I have my creative projects which are fullfilling and into which I put a great deal of enjoyable but concentrated work and I have explained that domain speculation is just a possible little bit of business on the side ( nothing core to my personal endevours or being). Im glad for you though that your websites are fullfilling for you.

As to legal aspects being dealt with - as Ive been saying, many of the posts on this thread concern the problem of copywrite or utilisation of like brand names or utilisation of someones name and I will not be doing that.

Ever felt like your in an online Groundhog Day?

In any case thanks for the advice and info.

Jen

[Rhythm]

No worries MD, I get what you are saying.

If you registered a domain name, then more often than not the onus is on the complainant to first of all make the complaint and secondly prove that you are unmistakably breaching auda policy.

That is to say, someone has to prove beyond reasonable doubt that you have either:

a) bought the domain solely for resale.

4. PROHIBITION ON TRANSFER WITHIN SIX MONTHS OF REGISTRATION

4.1 Under the Domain Name Eligibility and Allocation Policy Rules for Open 2LDs, a registrant may not register a domain name for the sole purpose of resale. To enforce this policy rule, a registrant is not permitted to transfer their domain name licence within the first six months after registration of the domain name. This prohibition applies to newly registered domain names only, and does not apply to renewed or transferred domain names.

So, in a sense, you have 6 months to prove you didn't buy the domain for resale by not selling it for the first 6 months.

As for the rest: auDA > auDA Published Policies > Domain Monetisation Policy (2008-10)

[Rhythm]

And if you need more advice, there's a bunch of us @ dntrade.com.au.

[Moldydish]

Thanks Rhythm. So there is a bottom line that one cant clearly register a domain which is completely new just for the purpose of resale... and as you say the line is judged by a 6 month no sale period. That is pretty important info. It was mentioned by Ikonic earlier but he seemed to be speaking on .au domains I thought and buying resold domains, then selling. Tis clearer - thanks again.

Jen

[ikonic]

@moldy - the 6 month rule only applies to 2LD such as '.com.au.' in Aus.

For all other top level TLD (.com, .net etc) you can flip within minutes of purchase if you have a buyer.

Also, as a example of the problem in Australia, on netfleet simple do a whois of a few domains in 'Spotlight Domain Name' section and you can see they are registered to the same person. Further to this given, the amount of domains they own along with the fact the sites aren't developed etc, you could easily argue that these domains where purchased for nothing more then flipping and as such you would stand a good chance of obtaining one if you made the right case.

[Moldydish]

My profuse verbality (made that word up I think ), does lead to more answers - thanks Ikonic.

To be clear as clear can be - I have always been speaking on registering a new domain name not one that has ever been registered, bought or is even carrying a term which is currently popular or known.

I wish to register such a first time domain name likely as a .com because its the most popular extention and I am doing this because I wish to resell later when the name is in popular use. Some of these domains I will develop as sites because I would be personally interested in their conceptual development socially - others I will likely park as resale with Sedo.

The general name choosing process is a speculation on future trends, developments, enterprises or cultural movements - "domain speculation".

I have thought there are no problems but just asked in case there could be. There have been many answers but as I have said most times people are thinking I am buying domain names for resale. I have said many times this is not what its about. SOOOooo now I think it is clear there is no problem with me doing this. I am not into stealing peoples business brands, leaching off their projects or presenting something basically as copycat. I am into looking pretty far into future events through grounded analysis, intuition, a little leap of faith and some really full on research. It could not cost me much financially to register the terms I think will be popular one day but I did not want to do anything that cost me a legal battle of which I no longer have a moments spirit left to fight (unless it really really really mattered).

So thanks Ikonic, I think your last post was a clear response to my question at least re any rule on resale.

Jen

[Rhythm]

As Ikonic mentioned, I was only referring to .au in my previous post.

.com rules are basically:

No TM infringement
First come, first served.
No development/sale restrictions.

[Moldydish]

OK thanks for that. It was also worthwhile noting the 6month rule for .au in case I am going to register with that extention. Again though these domains I am registered are totally original, new, not registered before and not popular terms, jargon or words at present.

Any interesting success stories on domain speculation out there? Would be interested to hear.