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Discussion in 'Domains' started by bdmunee, Jul 2, 2006.

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  1. Brandon Sheley

    Brandon Sheley Illustrious Member

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    #81
    its weird how this auctions keeps getting pushed back..

    I totally agree with this.. it is a shame, but this happens.. why else would someone pay 20$ for a domain that is already owned.. for this exact reason ;) we hope the current owners will mess up just like the one here did

    this isn't the first or last time something like this will happen..

    the old owner messed up, and now has to come up with the $ or use another url..
     
    Brandon Sheley, Jul 5, 2006 IP
  2. aeiouy

    aeiouy Peon

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    #82
    I would not normally comment in an active auction thread, but this is not a normal thread...

    It is an unfortunate circumstance, but the reality is the person who is auctioning the domain did not do anything wrong. As mentioned, what if he was the one with financial problems and a divorce and what have you.. Would we not have sympathy for him and his ability to make a living.

    To me there is a not of misplaced anger here. For whatever reason the original owner lost the domain, it had NOTHING to do with the person currently selling it.

    It is all unfortunate, but it is what it is. Frankly I think if the original owner would have handled things a bit differently this would have been over and he would have had his domain back.

    I hope everything works out for everyone involved, because this is just an extremely unfortunate set of circumstances.
     
    aeiouy, Jul 5, 2006 IP
  3. i6six

    i6six Well-Known Member

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    #83
    If you we were in a similar situation, how would you cope with this. I'm sure some of you here have been in a bad situation, only to have someone do a favor out of kindness. Leaving you wondering why they helped.

    This guy seems to have got in a bad mess lately, something we will all face one day or another. Domains expire all the time and there is nothing wrong snatching it up, but you have to remember that most domains that expired are no-longer used, or was never used by the owner.

    In this case, its his livihood and its been taken away because he missed an email or notice.

    We could compare this to say a shop. You have a storefront, the manager sends a renewal rent notice but it was lost in your mail, so it expires then one day you go back to work to find your shop been taken over by someone else who is demainding huge amounts of money if you want it back.

    Anyway, I feel sorry for the guy. Maybe you guys can work out some agreement, e.g. if the site is back the seller can post his link on the main page for xxx months for PR or something.
     
    i6six, Jul 5, 2006 IP
  4. Alvin

    Alvin Notable Member

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    #84
    Original owner screwed up when he started giving legal action threats knowing that he cant do anything....

    I would be polite and request( not threat) the man "in charge" for returning his domain and pay some cash too...


    Am sure if one can hire a lawer in North America... must have some cash in his pocket!
     
    Alvin, Jul 5, 2006 IP
  5. i6six

    i6six Well-Known Member

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    #85
    I would advise the original domain holder to contact GoDaddy directly and if he is unsuccessful then go directly to ICANN. I have a friend who runs a large domain registrar and he has seen these cases come up now and then. He says that often, the domain is passed back to the original owner because the registrar doesnt want to get into issues with ICANN as they can pass out penalities or even shutdown a domain regisrrar.

    I notice the domain is still within 30 days of being dropped so your chances of getting back is pretty high esp since you have a business registered in this name.

    Although the seller can sell this domain to anyone else and get out of the loop quickly, those buying the domain should be aware that once the original owner proves that the domain is an actual registered business and is actively trading, but was not renewed due to being careless, ICANN will issue a notice to GoDaddy or the registrar and MOST of them will comply, because they don't want to deal with ICANN penalities. What this means is the person who buys the domain will end up losing his money and the original domain holder will get his domain back.

    ICANN set these rules for most domain registrars to prevent issues like this from occuring. Infact if this thread is used as evidence/given to GoDaddy, you have a strong case.

    I would suggest you read this:
    http://www.icann.org/udrp/udrp-policy-24oct99.htm

    Uniform Domain Name Dispute Resolution Policy

    Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith

    (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

    (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

    (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

    (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
     
    i6six, Jul 5, 2006 IP
  6. flybuzz

    flybuzz Peon

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    #86
    Hey Brady, if I were you, I wouldn't give a penny to the guy. I understand this website means a lot to you, but it's time to move on. You shouldn't take any crap from this sort of situation. You already made a reasonable offer for the mistake, if the guy doesn't want to sell it, so be it. If I were you, I would register a new domain and move contents to that domain. E-mail all the websites that link to your site and have them remove all the old links and then point to your new site. Also you can update dmoz listing if you want. Since you have trademark right to the domain, the new onwer of the domain can't really make a profitable website out of it without dealing with you first. In other words, if you can't have it, noone else should have it too. This domain would be virtually worthless to whoever the new buyer is who thinks he can get a profit out of it.

    And the post before mine is good too. You should do that first. Good luck.
     
    flybuzz, Jul 5, 2006 IP
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  7. 121603

    121603 Peon

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    #87
    even though what you quoted from the ICANN policy is quite imposing, there are still loopholes that can be given. There are thousands of domains that expires because the site owner decided not to continue the site, how can buyer know that the original owner still wanted to continue his site when he let his domain expire?

    Ok, so the buyer knows now because the owner spoke up. He gave the owner a chance by selling it cheaply (considering all alternatives). It is not a sign of bad faith at all. And it is the previous owner's fault.
     
    121603, Jul 6, 2006 IP
  8. flightnurse

    flightnurse Active Member

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    #88
    Comments deleted having noticed original owner is moving forward with the .net site
     
    flightnurse, Jul 6, 2006 IP
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  9. CReed

    CReed Prominent Member

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    #89

    Has anyone looked at brady's username or the .net version of the domain name? He has ample opportunity to move forward - and I'm sure he is.
     
    CReed, Jul 6, 2006 IP
  10. bdmunee

    bdmunee Peon

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    #90
    Current bid is $2,500

    Auction ends: Friday 7/7 @ 10 am PST

    BIN: Reduced to $4,500
     
    bdmunee, Jul 6, 2006 IP
  11. Connections

    Connections Well-Known Member

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    #91
    karma will get you man just give it back its kinda tight....money aint every thing in this world...
     
    Connections, Jul 6, 2006 IP
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  12. brady@vbwebsites.net

    brady@vbwebsites.net Peon

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    #92
    Anyone have a pr5+ site? If so, please IM me.
     
    brady@vbwebsites.net, Jul 6, 2006 IP
  13. sundaybrew

    sundaybrew Numerati

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    #93


    Pm sent.................
     
    sundaybrew, Jul 6, 2006 IP
  14. RsL

    RsL Peon

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    #94
    Brady... I sent you a PM.

    In all fairness, to all those participating in this auction

    I am going to make it my effort, with the support of brady, to contact all his previous customers, get his backlinks switched to his new domain if the old domain is not returned.

    Additionally, will contact Google to see to it this domain is nilched.

    Scenario... His income comes from "referals" not from simply search engines...

    This domain will be worth much less... first the DMOZ listing, then the Backlinks, you will be left with nothing but an aged, no PR, domain when it is all over.

    In reality, this domain is valuable to the original owner, because it is tiedinto his reputation. Ones this is removed, it is just another expired domain.

    Nice Domain - DMOZ - Backlinks - PR = Regular Domain


    Consider this a kind notice to any one thinking it is worth more than $50.00 for a domain that will most likely not survive a PR update after we are done.

    Back out of the auction now, any bid retractions will be understood in light of the new truth.

    Thanks,

    Shane
     
    RsL, Jul 6, 2006 IP
  15. brady@vbwebsites.net

    brady@vbwebsites.net Peon

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    #95
    I have allready started changing all my clients sites to point to vbwebsites.net instead of .com and it seems thats its allready working.. slowly but working.

    Thank you so much for your support and help.

    Brady
     
    brady@vbwebsites.net, Jul 6, 2006 IP
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  16. yfs1

    yfs1 User Title Not Found

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    #96
    Well, seeing as how you can't contact 25,000 people (and even if you did, the chances of even a minor persentage switching a link are remote) and that the domain has some value even without the links, it still has quite a bit of value.

    Obviously without the DMOZ listing it dropped a bit but I don't think your tactic will cause the sale to fail.

    Best of luck getting Brady some links for the .net though.

    Cheers
     
    yfs1, Jul 6, 2006 IP
  17. brady@vbwebsites.net

    brady@vbwebsites.net Peon

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    #97
    I control most of the sites that link to me. The simple, "Designed, Hosted and Maintained by VBWebSites.com" is now VBWebSites.net linked..Some of my sites have thousands of dynamic pages, ie. billiardclub.net.
     
    brady@vbwebsites.net, Jul 6, 2006 IP
  18. yfs1

    yfs1 User Title Not Found

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    #98
    Good, if you control them, just change them. I probably would have done that right in the beggining if it was me.
     
    yfs1, Jul 6, 2006 IP
  19. brady@vbwebsites.net

    brady@vbwebsites.net Peon

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    #99
    I started this on Sunday. Atleast with my bigger sites.
     
    brady@vbwebsites.net, Jul 6, 2006 IP
  20. sundaybrew

    sundaybrew Numerati

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    #100
    Brady sent you a pm as well!
     
    sundaybrew, Jul 6, 2006 IP
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