The problem is that anyone with any sense who engages in the secondary market won't do it because the secondary market has been fractured for so long now. If the secondary market had been left to market forces, all the way back in 2004 when the anti-avoidance rules were introduced, there would have been a resource race and a consolidation with services similar to Snapnames and Pool.com springing up. Back then Snapnames looked into doing a .uk service but it wasn't viable because they couldn't combine the resources of multiple memberships, due to the anti avoidance rules, to get any sort of competitive advantage. As a result many smaller secondary market players were able to establish themselves, many with their own individual ideas and standards. Pretty soon we started to see people using friends, relatives or anonymous companies to establish multiple memberships. When that starts, others playing by the rules get "upset" and pretty soon more and more people start to accuse each other of cheating one way or another in a snowball effect. The result is a fractured market where few people trust each other. We do have groups of people who communicate but many keep themselves to themselves because it is easier to get on and do ones own thing. Since the barrier to entry into the secondary market has always been pretty low, those who were established didn't really want to be associated with some of the newer entrants; particularly ones who didn't really want to put in the work that they had to.
There have been a couple of attempts at an "industry body" but you won't find many of the old crowd having anything to do with it because they don't want to be associated under some kind of "domainer label" and grouped in with others that appear to have similar, yet still subtly different, business models. Those that have shouted the loudest over the past two years, in the name of the secondary market, and sometimes claiming that they represented its participants to some degree, are actually some of the least technically aware and least clued up people that the secondary market could have hoped to have had represent it. Unfortunately nobody with any better standing was prepared to do it so those who shouted the loudest, perhaps because shouting loud is about all they are good at, appeared as pseudo reps.
Whilst the secondary market barrier for entry remains low, those who have become most established in that market won't want to be associated with the lesser established participants. Nominet may realise this, and it may even suit them, or they may simply look at the secondary market and think "what a bunch of selfish infighters" but haven't really thought about WHY that is the case. Nominet helped to make the secondary market the way that it is today, with their anti avoidance rules and other introductions all those years ago. What I don't feel they engage in enough on some occasions is open dialogue and because they haven't done enough of this, those that they should have engaged with have become conditioned to not being party to decisions that affect their businesses. Instead they have coded around changes and accepted them in the belief that they had best just get on with trying to do business because they couldn't make a difference if they wanted to (summary: what Nominet wants to do it will do regardless).
I don't believe the infighting within the secondary market will ever be solved while the barrier for entry remains as low as it is. I also don't believe that the most successful and/or longest established participants will want to publicly represent the secondary market
whilst that market is fractured into pieces, with different participants engaging in all sorts of different business practices. Nobody with any reputation will want to put their neck on the line without any powers to curtail or reign in everyone in the secondary market; because one bad apple spoils the barrel. Those against the secondary market know this and will continue to use any bad apples as ammo to try to shut it down because the business models employed within it do not fit their ideal of how domain names should be distributed. Unfortunately what some aren't able to see is that Genie isn't
ever going to go back in the bottle.
I don't have a
super solution because there isn't one. The only solution is open dialogue. Whilst T&Cs keep being changed without proper consultation and the secondary market has participants that hold the belief that Nominet management, and whomever else, is out to close them down then those secondary market participants will remain quite hostile. Equally whilst the secondary market appears to have a few loud mouths that shout and scream, and act unprofessionally, and no other representatives, nobody in any other sector of the industry will take them seriously either!
E&OE