I for one stand by what I have said before and I'll say it again. I support direct registrations. Obviously it is pointless here to defend my point of view here so lets just ignore the problem of me being disagreeable.
I did attend almost the entire meeting in Melbourne and I contributed what I could in person. There are certainly issues with their suggestions but they are a starting point and can be used to shape a direct registration policy which meets enough of our needs as an industry to recover and grow again.
It was noted early on in the day that making submissions only about YES/NO when the conversation is currently about HOW is not helpful. According to the panel people are wasting submissions by just stating "We are against it and the end of the world is coming" without elaborating further on how the world might end. At this point you would literally have to prove that there would be a negative outcome for a majority of internet users in Australia, which if we are being honest no one can prove and this policy panel is not required to disprove.
Am I correct in saying that in the short term there is a negative outcome for domainers without cashflow reserves. That the extra costs involved in holding your .au equivalent are significant and are the problem. That there is a perception that it will be crucial to help ensure future sales? So make a submission about it, show details of your current costs and how you would like them to help keep you from going out of business by giving free rights to the .au domains for a period of time. At the moment they are open to all suggestions and they literally need you to ask for anything you need from them. So ask them... don't post here, you can even prefix your submission with a one liner "I am against direct registration but if it did happen then this is how you would make it fair on me and my business". Bear in mind that we will have 1 - 5 year registrations soon so this will help with holding costs and I believe the promised changes to the .au wholesale price is going to be decided/announced towards the end of March. In retrospect it would have been nice to know before submissions end (4th March) but one could put in a submission saying that if the price drops by x% of current then you could explain the effect it would have. I would advise against arguing on behalf of "small businesses" or speaking for "your customers" rather make a case for how it would affect you directly and that you estimate there are x thousand companies which would be affected in the same way as you would. The more reasoned your argument and more pausible your estimates are the more likely you are to sway their opinion.
Another negative outcome would be for .com.au holders to not get preference over .net.au, asn.au and id.au domains. The argument put forward by the panel is "No hierarchy of rights" so it is necessary to provide evidence that .com.au (or gov.au or org.au) domains deserve to break the hierarchy of rights rule. It is probably worth brainstorming on a separate thread ideas on this front but here are a few of mine. 1) There is talk of closing the .net.au namespace so why should they get assigned value in the "lottery". 2) id.au are spoken about as the "failed namespace" with only 10,000 registrations and declining why would they get assigned value in the "lottery". 3) asn.au is for hobbies and special interest groups, which in our opinion should not be allowed the potential to take preference over .com.au. 4) There is evidence of speculative domain registrations and company registrations in .id.au and .net.au space so if there is a) a view by com.au holders that securing their .net.au was not important and b) that speculators predicted this might happen then can we conclude that the lottery rewards the speculation and goes some way to undermine the message that defensive registrations are not necessary.
When arguing against "the hierarchy of rights" rules and the lottery system, it might also be a good idea to include the "first come first served" rule which is presented as also being a cornerstone argument. By using the lottery system and allowing the "hierarchy of rights" rule to take precedence over the "length of registration" option which would meet the "first come first served" requirement you have to break one of the three rules. The very real problem with giving the domains to the oldest registrant is that .au had lots of domains held back on reserved lists so it is possible that one would have to judge the oldest registrant relative to the domains actual availability.
If it was possible to show the Panel that they have to break at least one of the three rules in order to introduce direct registrations then it would be possible to put forward an argument that the "least bad" option is not in fact only breaking one of the three options but to actually break two of them together in order to do the least harm. I would propose that they break the "heirarchy of rights" and "first come first served" rules by following the international precedence and giving the .com.au holders first rights (or at least rights before the .net.au, id.au and asn.au extensions).
As far as arguments which I think are currently not holding enough water to prove a disadvantage to the majority of Australian internet users I would put the following three arguments into the basket of being not helpful at this time.
A) .nz and .uk have failed. i) this is too broad a statement ii) there are too many variables, graphs can be drawn either way. iii) SHOUTING does not make something more true. iv) The panel does not read dntrade v) I don't read all of dntrade. vi) Repeating something does not make it more true. vii) Repeating something does not make it more true. viii) Rewording something does not make it more true.
B) rigged surveys i) the board believed this the first time and ordered their own research ii) that survey confirmed the results. iii) I don't think they have seen enough evidence to suggest that this needs to be done again.
C) Old board/New board i) auDA is auDA and they have to build on and improve on what they have. ii) Board members must act in the best interest of auDA which by extension is the best interests of all Australian Internet users. This means that they cannot represent us directly or make changes at our request unless those requirements or suggestions make it through the panel first and are put forward as recommendations. It is vital to be a part of the processes and to put in submissions both in person and in writing. Attacking the panel and calling their ideas crazy does not help to get your ideas included in the recommendations. Concise, well reasoned submissions are needed.
My protest and the problems which put me out of business where very real and very painful for me at the time. I chose to attack auDA. I chose to not get involved in auDA processes and to sit on the outside throwing rocks at them instead. I raged against the machine and the perceived unfairness of it all.
Did I succeed in hurting them? Probably not, they seemed to just get annoyed as I wasted lots of their time.
Did I achieve anything positive? No, they just got annoyed and the process carried on.
So the life lesson for me on this is that unless you can prove that the majority of internet users in Australia would be better off because of your issue then you are actually looking out for yourself. With that realization in mind it is then possible to change ones mindset from expecting auDA to meet your demands to asking auDA to meet your needs.
To their credit behind the scenes they had been working to address all of my valid issues and now that I have stopped making demands and I am being clear about looking at my needs I can once again see how their processes are working to meet those needs.
I am back in the camp of people who believe that the processes works, even when there is so much turmoil. I am working on a submission about how we want to see it implemented in which I try to justify the .com.au holders getting priority, that the 2016 date was too far back, that domainers and the aftermarket are an important part of a mature namespace, that domain monetisation is a valid commercial undertaking, that modern monetisation technology changes need to be factored into the policy, that the ability of all registrants to absorbs holding cost of .au should be looked at, that we should allow privacy on the public whois and that the goal should be to reduce the complexity of policies.
In my experience being a domainer or a drop catcher in .au has always has been a tough and tenuous profession. I have refereed to it in the past as a mistress, lots of fun but not very stable. The progress that was made on opening up .au domains to monetisation and making it easier to sell domains in the last 10 years has the potential to be reversed by the current Policy Review Panel. I am not going to be attacking the suggestions and processes to gain publicity. I am also not going to applaud anyone else who I perceive as trying to gain an audience at our expense. So no more stones, I am actively looking for bricks now... not for throwing but ones we can use to build something better together with the Policy Panel and the one to come after them and after that again. It is a long slow process and it is not a glorious one but it is the one which affects real change.
If you have read this far then I would implore you to come along to the dntrade meetup tomorrow evening in the city, let me buy you a beer, let me hear you explain why your demands are actually needs. Let me see how your stones are for building and not for destroying. In return you can hear some of my crazy ideas from the other side of the equation and perhaps gain a little perspective from my stand point.