NSI Botches Domain Transfer, Says 'Not Our Problem' 262
Rolan writes "Wired is carrying a story about a botched domain trasfer that cost a customer "a large wad of money". In the end they say it's not their problem, even though they botched it, and Lawyers say he probably can't do anything about it. " Its an interesting article actually, and it doesn't sound like an isolated incident.
Re:Did you even read the article? (Score:1)
Re:Did you even read the article? (Score:1)
Re:A solution for network solutions (Score:1)
line or do you just want one? Shit, I "need" 106
octane gas for my streeet racer. Does that mean
I should blow up a petroleum farm if the gas
company won't sell it to me for $1/gallon?
> The same thing goes with other monopolies such
> as telephone,
Actually, my phone service was better when ATT
_was_ a monopoly, and I didn't have to put up
with unsolicited phone calls "inviting" me to
switch my long distance service.
> electricity, gas, and others. These too need
> to be turned over to non-profit groups.
Yes you're correct. Government should control everything(?)
> You'll never get good service, fair service,
> and decent customer service when profit is
> involved.
I've experienced "free" health care when I was
in the Air Force, and "for profit" health care
since I got out. I'll pay every time. "Free"
health care sucks. Note that doesn't mean I
think monopolies are good, I just don't think
that profit is evil...
> Just recently I called the *ASSHOLES* at
> Sprint/United Telephone about getting a
> 56k line and I was told it would be $236/mo
>+$600 install.
Do you NEED it or WANT it? Have you tried
calling ATT or another competitor to Sprint?
Re:ummm... (Score:1)
And yes, I realize that legally Network Solutions is the one to blame (as I mentioned). However, this is a campaign against greatdomains.com/register.com as potential cybersquatters. While it is not directly related to the issue at hand (about races.com), it stems from it.
5 day waiting period? (Score:1)
What have our priorities come to !!!!
Domain name overhaul. (Score:2)
I had to change one of the IPs of my DNS server. It took 3 weeks for the change to finally take hold. During that time, sending aproximately 3 change form mails a day, it changed between the first placeholder IP, the original IP, and other IP -- never settling on the proper one. They are totally incompitent.
McLanahan wanted to build a Web business around the races.com domain name, and shelled out thousands of dollars to acquire it.
So first the poor fellow gave money to a domain squatter (really, don't do that). Then he turned around, transfered it, and noticed it was now in possesion of another squatter. How many times will this happen? How many squatters are out there? How many are in cahoots with NSI? (Speculation) Since NSI is losing its monopoly, it seems to have been more tollerant of people buying names for no reason, and keeping them with nothing on them. Can't the courts step in?
---
Incorrect (Score:1)
Re:IF I where that guy... (Score:1)
The original owner is the innocent party, it seems.
- Jeff A. Campbell
- VelociNews (http://www.velocinews.com [velocinews.com])
And this might not be all bad... (Score:1)
Re:They ain't uber. (Score:1)
Who has regulatory oversight? FCC? Commerce? (Score:1)
If things are as bad as comments here on slashdot indicate, perhaps a petition for a proper review sent to the top of the regulatory pyramid and/or congressperson(s) on relevant committes would result in a better implementation.
OTTOMH, I offer the following ideas to protect registration clients without threatening the cashflow of legitimate businesses:
I suppose if there was a worry about a time stamping server pulling something funny (like being a cybersquat front), you could send an encrypted version (openable by yourself and perhaps some impartial legal entity) for timestamping first to several time stampers, then the clear text version. Assuming that would create legal evidence. IANAL.
Re:Begging to be overthrown (Score:1)
Quite hard. In fact, you have to devise a system that is reasonably fair, reasonably open and reasonably well-organized to have a chance of getting a significant following.
So far, the best attempt has been ICANN; other attempts were CORE, EDNS and others. And if ICANN is the best we've been able to do, what does that tell you....?
NOT trivial.
What kind of service is that? (Score:1)
Re:The Lesson is Clear (Score:2)
What you say is certainly true. I should have said 'tied up for our field of use' instead. For this particular domain name (not mentioned here to protect the guilty), it's highly unlikely that anyone would want it except for our field of use. And even if someone wanted this domain name to sell faucets or airline tickets, I wouldn't care.
If they want the domain name, and are going in our field of use, then they'll be in for a fight. We can afford lawyers too.
But I'm not worried either way. The guy who has it now isn't going to use it himself, so he's got to try to find some other sucker to buy it. He'll probably just give it up after a while. And then we'll pick it up cheap. Patience is a virtue,
Anyone else having problems registering DNS hosts. (Score:1)
This is complete bullshit. The new dns server name resolves and it points to a valid IP address for a machine offering DNS services. Where is the requirement for the domain to have been registered with NSI. It is my choice who I give my money to to register the domain and it shouldn't prevent me from offering a vital network service.
Also, if you have a domain originally registered under Internic you are not allowed to use the NSI 24/7 support line. You have to call a special Internic tech support line that is only open during normal business hours. Why?!!?! I still have to pay NSI $35 a year...how does that make me different and worth less support. I have found however, that the level of incompetence is consitent in both support centers.
Has anyone else had problems registering a DNS host with NSI where it was denied because you didn't register the host's top level domain with them. DNS is what makes the Internet work and right now NSI is deliberately breaking it.
Matt
Re:OKay. NSI bungled it.. but keep reading... (Score:1)
NOT SHOWN: GreatDomains=Register.com (Score:1)
After some digging (CmdrTaco...I beg for
whois register.com@register.com
....
Registrant:
Register.com, Inc.
575 8th Avenue
11th Floor
New York, NY 10018
US
And greatdomains.com:
whois greatdomains.com@whois.networksolutions.com
...
GreatDomains.com Inc (GREATDOMAINS6-DOM)
10 Universal City Plaza, Suite 1115
Universal City, CA 91608
US
Re:A Fragile Plan? (Score:2)
1 Microsoft Way, to use your analogy is much easier to remember and to type in than 3 Microsoft Way.
Besides, everything else aside, he PAID for 1 Microsoft Way and now he's got NOTHING. Start-up companies cannot afford to purchase essential things and then not recieve them or a refund.
Doug
Cybersquatting and cyberhijacking. (Score:1)
Who's Really in the Wrong (Score:2)
NSI did not lock the domain name as they should have... not once but TWICE. Big mistake on thier part but they are not to blame entirely. Register.com sold the name (apparantly) to GreatDomains.com who (again apparantly) sold the name to a gentleman in the UK. No mistake here, to Register.com the domain was available. (Their mistake is in not helping to retrieve the name after finding out it wasn't REALLY available).
Now we have this gentleman in the UK who has the name and is willing to "give it up" for $500,000. Here is where to place your blame (IMHO). If, and I don't recall seeing it mentioned, this man was made aware of the mistake, he should have offered to rescind his deal with GreatDomains.com, who should rescind their deal with Register.com who should return the domain name to NSI who should LOCK the damn thing and complete the transfer.
But NO this guy, who probably paid much more than $70 but much less than $500,000 for the domain is looking to make a profit at someone elses expense. He is WRONG, WRONG, WRONG! and he is who the "polite" emails should be sent to (again, JMHO).
Re:arrogant, greedy, and inept (Score:1)
I'd _love_ to see them get fried to a crisp. I'm tired of engineering jobs being treated as marketing.
Cheers,
Re:Ways to proceed. (Score:1)
--
That's no way to run a business (Score:1)
A real winning business attitude! Hope other potential customers take the hint, and register with someone else.
Re:Begging to be overthrown (Score:1)
OpenDNS?
-Lx?
The first thing that comes to my mind... (Score:1)
hmm... (Score:1)
While I think it's unfortunate that this happened, and unfortunate that there's no way NSI can be held responsible, I also don't see what would be so bad about simply taking a different domain name - sure, "races.com" would have been nice, but there are plenty of other names out there that would work just as well.
Re:They ain't uber. (Score:1)
cybersquatter, n., one who registers domain names for the sole purpose of reselling, leasing, or renting them for a profit, usually pricing it out of the reach of a potential customer. As a result, these domains never sell but instead sit in a domain registry for two years while the squatter goes out of business.
-Lx?
Indeed (Score:1)
Im quite sure situations like this will be common,
and people will begin taking the law into thier own
hands
Perhaps your Bill Gates?? (Score:1)
Poll Idea (Score:1)
Re:Did you even read the article? (Score:1)
Buyer sues Seller for non-receipt of goods paid for (I believe he does have the right to do this, as the Seller "owned" the domain (which was in NSI's hands), and sold it to the Buyer, whom, due to NSI's incompetence, never received it)
Seller in turn sues NSI for court costs and damages from the Buyer suit (as the Seller gave notice to NSI to do these things, and NSI screwed it up, thus harming the Seller's reputation, as well as opening him to the lawsuit from the Buyer)
NSI can (and should) fight to get the domain back -- they obviously have proof that the domain was "in transit" and not "available" -- and as such, they should (conceivably) be able to sue the other domain registrar for the domain. Of course, the registrant could sue the other registrar, who could in turn sue NSI...
In any case, it would seem to me (and I don't claim to be educated in the way these laws actually work, this is just common sense, which I realize our legal system has very little of) that NSI should take the fall for this one.
Re:Domain name overhaul. (Score:1)
Re:ummm... (Score:1)
I don't know whether to laugh or cry at that.
Alternative domain registrants (Score:1)
However - a breath of fresh air for once. The
I suggest that the US people lobby to have NSI thrown out and control passed to Nominet. They have done an excellent job.
I have no association with them other than using them for domain registration myself.
Re:How Do I Move My Domains? (Score:2)
One poster mentioned that when buying a domain, you should make sure the transfer payment is void unless you actually receive ownership. Given the current state of affairs I agree entirely. Since the registration services do not assume any sort of responsibility, I would want some assurances that I am not going to be left with an empty wallet and no name.
Another thing that I would do if I lost a name in this fashion would be to go to ICANN, and their regulators as well. ICANN is supposed to have a dispute resolution process too. This would sure be a good test of this process.
NSI incompetence: moderate this up! (Score:2)
how to foil greatdomains.com (Score:2)
wesuck.com
If everyone from
you can do it yourself (Score:2)
Re:Cybersquatting and cyberhijacking. (Score:2)
I've noticed some oddities in the last few days, and just found one with inconsistent WHOIS data between NSI and InterNIC. Darned if I know what NSI would do if they registered a domain to two people...
My solution... (Score:2)
1. Chalk up the US$4K to "learning experience"... I've spent more than that failing out of classes.
2. Register races.to it's a little catchier, ain't it? You can register it through register.com. It seems "racesnow.com" is taken now. Registered on December 11... looks like he's out of luck again.
It's easier to look for a solution when you ain't crying or screaming "foul." Although I feel bad for this guy, playing victim and doing nothing about it isn't going to get anyone ahead.
Time to move on now... learn and grow.
-m
in that case (Score:2)
Re:BECAUSE "on-your-marks.com" SUCKS! (Score:2)
I've often argued for a keyword based naming system for searching, where 'movies' 'reviews' pulls up a list of movie review sites, instead of having to use movies.com or moviereviews.com, which are a pain, don't necessarily provide the best service, and are limited, where few sites can exist with similar names.
Sites could be known by something like an IPv6 IP number, something that wouldn't like current IPs do. Then the IP to Names relationship would be like the yellow pages, where you use keywords to narrow down the search, and once you find a company, you 'bookmark' it by writing down (programming) the phone number.
This way, any number of sites can share the same category. If they pick obvious keywords only, their category gets found easier, but they're in a bigger list. But, no one site stands out based on having keywords that others can't have.
Today's situation is like being able to buy the 'Sex' or 'Entertainment' section of the yellow pages, so that you're the only company there.
Re:5 day waiting period?? (Score:3)
So I called Mr. Hicken, who said he aquired the domain name legitimately, using standard NSI procedures, and almost immediately treatened to sue me if I tried to get the domain name back. As the company I worked for at the time had neither the time or money to waste pursiung Hicken in court, we let it drop.
All I can figure is that he has, or had, friends at NSI. I don't know any other way he noticed the few-minutes (seconds?) gap between the delete and add for that domain. It certainly would not have shown up in WHOIS (updated every 24 hours!), so he shouldn't have even known that the domain was on the move. It was an inside job!
NSI is just a poorly run company which found a way to latch onto the public teat. They would have been chewed up and spit out by the market without special government protection and status; what talent do they have? All they do is mismanage a system invented and set up by the NSF and Jon Postel, et al, way back when. And, unfortunately, ICANN is a joke and hasn't humbled NSI or improved the situation in the least.
My Secret Recipe (Score:4)
5 day waiting period?? (Score:3)
When he originally put in the forms for the transfer of the domain, NSI told him there would be a 5 day wait. A 5 DAY WAIT? For what? In my job I've registered literally hundreds of domain names, and transferred several dozen and I've never seen any notice about a 5 day wait. As anyone else ever had this happen to them?
And one things for sure: if this guy had been a big corporation, NSI would have found a way to get that domain back.
Re:The Lesson is Clear (Score:2)
It wouldn't be a problem if NSI hadn't screwed everything up in the first place by not differentiating com, net, and org properly.
Re:Mandatory ".us" country suffix (Score:2)
Ways to proceed. (Score:3)
There's also the possibility of using the new Domain Name Dispute Procedure, which works through the World Intellectual Property Organization in Geneva. That costs only $1000 to use, and might be worth a try.
Comment removed (Score:3)
Re:Disclaim all Liability (Score:2)
Hmm. Nope. I don't think I can say EULA.
Re: (Score:2)
Original policies. (Score:2)
Let me recap, and paraphrase.
1 - domains were free. There was no registration fee. NSI was appointed to perform the administrative tasks of running the registry. Note this didn't mean 'owning' the DNS or anything, just someone to do the work.
2 - to get a
- to get a
- to get a
- The application states that you may not give fraudulent information on your registration (false company names are SO common nowadays)
- TRANSFER OF OWNERSHIP (phrased as 'change of registrant' was *expressly* NOT POSSIBLE, except for one condition, being when one company purchases all the assetts of another (so mergers, things like that).
This was in here SPECIFICALLY to prevent the type of behavior we see today.
Then.. Internic (NSI) started charging a fee for registration, claiming the US Govt did not wish to fund it anymore, as it was no longer a US-only issue (which is true)
They came up with the $100/first 2 years followed by $50/year registration fee. This made sense. Domains took forever to register. It *DOES* cost money to do this.
Somewhere along the line, and I'm not clear why or what happened, or who to blame, but these rules stopped being enforced. NSI encouraged people to register
In short, the breakdown of the original rules caused the system to go to hell.
Grabbing a pitchfork and a torch. (Score:2)
I'm normally not one to advocate guerrilla tactics for anything short of the repression of human rights, but at this point, I think greatdomains.com, and to a lesser extent the NSI, are fair game for email avalanches and, what the heck, a few crudely-spelled ungrammatical aspersions cast on the genetic integrity of their ancestors.
Re:Grabbing a pitchfork and a torch. (Score:2)
if flmes _are_ a problem, well, they deserve it anyway. NSI has cost this person, and many people like him, a lot of money and inconvenience; they can deal with the slight karmic retribution of having their mail server crash.
The fact that companies like greatdomains.com exist is in my mind one of the biggest problems if not the biggest problem with the internet. The reason i am even slightly troubled by the fact that a thousand
OK, maybe i'm a little bitter. whatever.
I like the nic.cx people; they're cheap, and they have strict anti-domain-squatting-for-profit regulations that actually work.
-mcc-baka
INTELLECTUAL PROPERTY IS THEFT
Re:The Lesson is Clear (Score:2)
Remeber that Altavista failed to secure its domain name, Altavista.com, when they were first Digital was first starting the search engine because the guy who owned it wanted something like $10,000 for it and Digital never thought it would become a commercial venture. When Compaq bought them, they realized that they needed the Altavista domain name, and ended up paying $3,000,000 for it in the end. Anyway, I don't know what your business and maybe the net domain is okay. I'm just giving you a little food for thought.
Perhaps Wired was more critical than they sounded. (Score:2)
"[Network Solutions] offers no guarantees and won't be liable for registration gaffs"?
Unlike a "gaffe", French for "social blunder", a "gaff" is (apart from the original meaning of a large fishing hook on a stick):
"A trick or gimmick, especially one used in a swindle or to rig a game",
... or
"Harshness of treatment; abuse"....
----
arrogant, greedy, and inept (Score:2)
They don't care about domain registrants at all, and obviously in this case, even less because the guy didn't register his domain through a method that provided NSOL with the most profits. This fits nicely with their domain dispute policy which basically favours the bigger lawyer, on the theory that NSOL will get sued less often if they side with the money.
DNS is a disaster now. For the last few months any request that isn't accompanied by a check writtn out to NSOL appears to go to
It'd be great if we could arrest these guys and charge them with incompetence. Lock them up for 20 years.
So...life goes on. (Score:4)
Of course, us webheads know that's why you want to own microsoft.com or ibm.com.
However, if something didn't go right with the domain registration, it's *not* the end of the world.
I understand why somebody should be upset, since he had a "verbal contract" with NSI, but something happened.
I don't see anybody getting upset because they can't use the username mike@aol.com. They apply creativity and imagination to come up with something original.
so, maybe racing.com is taken, take reallykick-assracing.com. Contrary to what you might believe, there is more to web success than an URL. Look at slashdot, freshmeat, and 32bitsonline. They don't really have beautiful URLs. You have to market the site once it's set up
That's just my 3 pfennigen.
The Lesson is Clear (Score:2)
I work for a company that has a .net domain name, because the .com domain was already taken.
We were recently contacted by the guy who owns the .com domain name, who now wants us to pay him something like USD $10,000 for the .com name.
I told our president that he should defintely not pay. The domain name speculators are just trying to leech money off others, without providing any useful service themselves.
It's kind of funny... the guy (who has the .com name) says he's looking to sell it, and has got other bidders. Hah! We've got the trademark tied up in the USA, so no one else is going to touch it. We'll just wait for it to become available for the regular price.
If people didn't have such a hang-up about .com domain names, there wouldn't be this kind of problem. Granted, we're not looking to start a portal site that people will hopefully stumble across by accident. But I sure as heck didn't find Slashdot by guessing at a domain name. Actually, except for major companies (like IBM) I don't usually try to guess a domain name, but use a directory instead.
Even if I'm trying to start a portal, I'm not going to pay big bucks for a good name. I'll just come up with another.
this is totally wrong... (Score:2)
2)He was using NSI's new "Worldnic" service, which gives you the same thing as the old registration, but costs $40 more. I'm the hostmaster at my place of employment, and the new system sucks. Whereas before one email + one reply was sufficent to make a change, now there are 3 different login/passwd combinations that need to be used to get anything useful done. I always thought the mail-back verification was more than safe enough; but it seems to me someone could try and brute force a password in order to steal a domain if they _really_ wanted to.
Not alone.. (Score:2)
I have a private domain name registered, so my name is in their system. Several months ago their billing database was corrupted (at least in my case) and I became the billing contact for a random domain.
The first I heard of this is when I received a bill for that domain. I checked their whois database and found that I had become the billing contact. I sent them a polite email notifying them of the mistake, but they have so far refused to correct the error.
I instead was forced to contact the true owners of the domain and ask them to complain to Network Solutions.
It really scares me that a company whose entire business is in keeping a database of information can't even keep their billing database accurate.
Doug
Disclaim all Liability (Score:3)
--------------------
Re:A Fragile Plan? (Score:2)
Imagine deciding to start a car dealership, purchasing a large lot of land, only to have it mysteriously sold to someone else.
You've lost the money invested in the land, as well as the land itself, your proposed place of business. If that isn't enough to kill any business plan I don't know what is!
Doug
Re:A Fragile Plan? (Score:2)
On a slightly less cynical note a domain name is a companies best asset. On the internet geographical proximity isn't an issue and very few sites actually offer a service another site can't offer at a similar price. This means that the ONLY distinguishing mark of your company is your advertising and domain name. If your competitor's domain name is easier to remember he might end up with the entire buisness and you with nothing.
New registry time! (Score:2)
Form another registry. We can create a new TLD and nest things underneath there, but with one important difference over other projects like AlterNIC - the option to override the root nameservers. How come? Well, I for one am sick of hearing about Multi-Mega Conglomarate of Super Corporation Enterprises Inc, Ltd. using trademark law to snap up domains even remotely similar to their own, and often unfairly. My solution: first come, first serve, end of story. There will be no trademarks in the DNS system. There will be no money to be had in the system. There's a few other ideas I want to throw in, but that's the big one - root namespace overriding.
I also think registration should be very easy - if the domain isn't used, click [register] and you're live after filling in the fields. The technologies there.
e-mail me off slashdot, I'd like to hear what you think..
Me too, but there are alternatives! (Score:2)
Here, Here!
For a list of alternative domain registars other the NSI, check this out. [icann.org]
Re: (Score:2)
Re:Monopoly could be good (Score:2)
Let's just rid of all DNS and memorise IP addresses like phone numbers.
+++
Mike DeMaria
Want an alternate to the GPL? Find out about it here. [nand.net]
It's tradition, No? (Score:2)
-----------
Usefull Tip (Score:2)
Enclose a check with all letters you send to NSI. If you want to make a complaint write out a nice big one for $50 If you need to get tech supports give 'em $10 If you want to change any aspect of anything about $100 should do.
Remember, bribes work!
Re:New registry time! (Score:2)
1) who pays for root nameservers? Is this service free? If so how do you convince people to switch.
2) Trademarks are dangerous because they are *legally* protected. Very possibly you are going to end up in court alot over this even if you shouldn't. Big dollars for lawyers.
3)Everyone wants the websites they visit now to stay that way.
Possible solution:
Don't start over create a black list (like for email spam) over really aggregious trademark abusers (for instance companies which steal private citizen's laast names etc..). This blacklist would contain the domain name in question and possibly a new forwarding address.
Individual ISP's would (hopefully) choose to add this list (distributed in proper format) to their name servers (force them to answer authoratively for these domains). Therefore punishing any company engaging in this practive.
This has little to no funding requirements and since their is no single organization to sue legal challenges become very difficult. In addition it is implemented transparantely to most users (those who use their ISP's name servers)
This brings up an interesting questions (Score:2)
Re:Ways to proceed. (Score:2)
Now that there are alternative registrars, people should start boycotting them.....wait a minute. They don't care about their customers. This probably wouldn't bother them.
I wouldn't be surprised if they purposely left holes like this into the sytem to show that there should only be one company incharge of the system....but i think they are effectively proving that such a company should not be them.
ajit
Re:5 day waiting period?? (Score:2)
My experience with domain registration... (Score:2)
Anyway, on the bright side of this, after several emails expressing our irritation to both the domain prospecting company and NSI, the domain prospectors agreed to give us back the name. (Something which surprised the heck out of me.) It really wasn't that great a name, I guess they figured it wasn't worth the hassle.
Moral: Don't base you bussiness on a domain name! (Score:4)
While I feel pretty sorry for the guy who got ripped off, and am not the slightest bit surprised to see N$I acting this way, I think that if he was basing the entire bussiness on the url then he had the wrong attitude to begin with.
I mean, in what other field would people base their entire bussiness plan on the NAME of the fucking company? Yes, as long as the Internet is still new to most of its users, and people still feel lost and unsure of where to go, owning a domain like buy.com or sex.com is a goldmine. But in the long run, you are on pretty thin ice if that is that is the base of your bussiness (yes, I know Wall-street doesn't agree with me).
The web is not, and will never be, a keyword based system. In fact, if you read TLBs original paper on WWW for Cern, he specifically mentions having developed the Web because keyword based systems are BAD. Hypetext provides the ultimate decentralized namespace, and no one can argue that people don't become less and less dependant on obvious domain names as they become more at home with the Web and the way it works.
Did Ebay, Yahoo, or Slashdot need obvious domains to succeed? Does the domain not being nerdnews.com detract from Slashdot's popularity and success?
I have no clue what sort of a market there actually if for the website he wanted to start, but if his bussiness-plan WAS sound, I would recommend he thinks of another name and goes on. I'm no good at this, but why not for example on-your-marks.com or theyreoff.com? For someone more creative with words there must be hundreds of race related terms not urled yet.
I really hope that someday people will realize that the domain name is not the website. If a site is good enough it can be just as successfull with some clever, easy to remember, but not generic domain, as it can if you spend millions on buying the most obvious related word you can afford...
-
We cannot reason ourselves out of our basic irrationality. All we can do is learn the art of being irrational in a reasonable way.
Re: They screwed up on me too (Score:2)
Hmmm... Just got this thought: Could enough reports to the Better Business Bureau Online [bbbonline.org] possibly do anything?
So... (Score:2)
After all, policy must apply fairly to all.
(I'm not going to do this, but I have to say that the NSI are leaving themselves -wide- open on this one, and I doubt any judge would be sympathetic to them, if they did complain.)
Re:A Fragile Plan? (Score:3)
Slashdot?
Amazon?
Ebay?
Yahoo?
Excite?
Those are all very non-descript names.... And that's why they catch, IMO... I agree with the original guy. If his business plan can't be adapted to a new domain name, then that in itself seems to be a problem.
Re:Begging to be overthrown (Score:2)
Not necessarily an "innocent" victim... (Score:5)
When I spotted this story on Wired this morning, I decided to look this guy up (John McLanahan) - I've had my own experiences with NSI (not quite to the same extreme as he has), and wanted to find out some more details about his situation and see if I could help somehow.
Tried searching the web for him - found a 29-year-old John McLanahan from Boston who came in 134th in a half-marathon [coolrunning.com], another who is a corporate lawyer in Georgia [troutmansanders.com], and one who lived sometime in the late 1700s (from a few geneology sites). From the Wired article, it sounded like the Boston McLanahan might be the one (right age range, into racing) but there was no e-mail address listed on the marathon results.
So, I went to the NSI WHOIS server, searched for "McLanahan, John" [networksolutions.com], and found a John McLanahan with a Boston address [networksolutions.com] (actually, three or four handles with the same name and mailing address) who currently owns a number of domains related to racing (roadraces.com, sailingraces.com, runningclubs.com, raceplanning.com, raceinformation.com, coolraces.com) - sounds like the right guy...
...and then I notice the other domains this guy has registered. It looks like he owns a number of domains that are stock-ticker symbols for .com and hi-tech companies (TalkCity, Voyager.Net, ChemDex), some life-insurance related domains (weblifeinsurance.com, lifeinsuranceinfo.com), and some more generic business-related domains (bankinginformation.com, companyinterview.com). Unless his business plan covers more than just racing, I'd say he's been in the domain-speculation game for a while himself... especially when just about every domain I tried going to said "domain for sale".
Not to excuse NSI's more-than-usual imcompetence, but suddenly I don't feel quite so sorry for this guy...
________________________
Re:The Lesson is Clear (Score:3)
Sorry to puncture your balloon, but you appear to need a little education in trademark law. Unless you are a hugely major brand, like Coke or Disney or McDonalds, you don't have the trademark 'tied up'. You might have the trademark 'tied up' for a particular class of trade, but that doesn't mean that it couldn't be used somewhere else. Take a look at the word "Delta". I'm personally aware of three companies that call themselves "Delta" (Airlines, Faucets and Dental Insurance), and their trademarks don't conflict with each other (as long as the airline people don't try to sell faucets).
So, it's entirely likely that your whatever.com address is going away and there's nothing you're going to be able to do about it. It's unlikely that you're bigger than Delta Airlines. And what if he sells it to somebody outside the U.S.?
...phil
GreatDomains=Register.com (Score:2)
Is it any wonder register.com won't give the name back? Their own sister company is the one who stole it. I can see it now, everytime a domain expires or is released to the pool in any way, register.com/greatdomains.com decide if they want it and within minutes have it stolen. They probably have people who sit there monitoring newly available names 24/7.
It seems to me that the relationship between GreatDomains.com and register.com is totally inappropriate. It's like letting the fox guard the chickens.
Quite frankly, I think selling domain names should fall under the same laws as scalping tickets. You sell them for face-value (cost of registration) or you don't sell them at all. I just did a little experiment and just starting making up names of domains that might be nice to have and checking them. At least 1/3 of the names I tried took me to web-sites offering said name for sale.
If I remember right, trademark law requires that you have a product or service associated with a trademark, can't we have a similar law for domains?
Can you see Title Search, Ins, Escrow fees coming? (Score:2)
One wonders if the status of a given name is even maintained in a single transactional database. Or maybe they have defined name claim and release transactions, but not transfer? Can there be race conditions between competing registering businesses?
Also, how can one be sure the very act of checking a name doesn't pass it to a speculator? It's apparently not encrypted, so who is in a position to snoop all those form submissions? Maybe one should be careful not to "check" unless ready to commit immediately. Hm. Are registering companies allowed to sell their server logs? What if they just extract the names being checked?
Re:The first thing that comes to my mind... (Score:3)
Think about it: if NSI has no blame, then there's no good solution to this. Register.com can't boot its customer - the domain was open for registration, that NSI had plans for it is irrelevant, since NSI didn't make that situation apparent until after Register.com was already in contract; the guy who originally held races.com and transferred it shouldn't have to pay back anything - he's out a domain name, already; and McLanahan shouldn't have to spend $500,000 to buy a domain that should be his or have to pay money for a different domain that he didn't want to begin with. NSI bungled the transfer process by failing to lock the domain name when it'd be highly trivial to do so. That constitutes liability in my mind.
Re:Ways to proceed. (Score:2)
OKay. NSI bungled it.. but keep reading... (Score:2)
2) NSI bungles the transfer (sucks, but they did)
3) under the new system, register.com has already sold the domain to someone.
4) NSI asks register.com (who they have NO authority over) if they can have it back, and explains what happened.
5) register.com says 'no, our cusomter has it under contract already. we can't back out'
6) NSI says 'I'm sorry, there is nothing we can do'
Now. I see 3 main points to consider.
1) If you are going to buy a domain from someone (a horrible practice), you should make it THEIR responsibility to ensure that the domain is transfered correctly, and they should receive payment once the domain is in your posession. NOT before.
2) If Internic even mentioned to him on the phone 'okay, we messed it up once, sorry, we'll put it through again correctly' or anything to that effect, then he has a case against them. A written promise is not needed. They claimed they would do something for him, then didn't follow through, and it will cost him money.
2) The whole concept of treating domain names like property is bunk. They are *NOT* property. If they *were*, it would be easy to buy and sell them, and it isn't.
Re:hmm... (Score:2)
And the fact that the name races.com described the site very well. NSI's suggestion, racesnow.com, isn't very good. I don't understand why the site would be named "Race Snow"
NSI times are chaotic (Score:2)
Not surprised, but disappointed (Score:2)
Nope, it's not disappointment for either Network Solutions nor register.com/greatdomains.com. It's disappointment for the hundreds of thousands of SlashDot members out there who, though continuously complaining that they're 'sick of cybersquatters like greatdomains.com,' do absolutely nothing about it. Guys, we can comment about it til the sun goes down and that's not making a damn difference. But rather than moving on and forget about it, why don't we do something about it? Though small in comparison to the likes of c|net or ZDNET, the userbase of Slashdot is certainly large enough to put a dent in register.com's and greatdomain.com's wallet. Or at least make them sit up and take notice.
So why not, to start at least, an organized campaign boycotting greatdomains.com and register.com? I've found sportworld@msn.com (listed administrative contact) to be the most likely address to be checked - better than filling out the greatdomains.com support & bug report. I propose that each and every slashdot member out there who is sick of these types of stories, or having to pay $500,000 to a sleezy company who bought a domain for $70, write a letter - perhaps we could post a template of one here or, if Rob approves of this idea, on the main page - to register.com and greatdomains.com, telling them that (though it'd be inaccurate) every single one of the hundreds of thousands of slashdot members will now be using Network Solutions (in an attempt to get them to return the domain), and will definitely NOT be registering domains from greatdomains.com - and spreading the word as well. This is only the start. Letters could be sent to CNET, ZDNET, and just about any other electronics information site out there, publicizing this story and shining the light on what greatdomains.com does, including registering domains for cheap prices just for the purpose of reselling them for tons of cash. And of course, don't forget to mention their partnership with register.com The goal of this would be not so much to get McLanahan's domain back (though surely this is one goal), but in general to expose such companies as greatdomains.com/register.com and their motives.
I am not kidding around here, I'm talking about an organized effort of every slashdot member who's sick of this sort of thing, with letters to any person or company who might seem relevant in this matter, and perhaps a website set up for our campaign. I know some (most) of you are looking right now to get back at Network Solutions for being so weakminded and "hey, it wasn't us" about this. But right now I'm having trouble placing full blame (though they probably deserve it) on Network Solutions, having just seen (for the first time) greatdomains.com. Granted, I've seen cybersquatters in the past, but never have I seen such a slick business as greatdomains.com, who try to act as just another large, respectable organization, overshadowing their unjust motives - which I feel could change if such motives are exposed to enough people publicly, and especially if such companies are boycotted by slashdot's users (their target audience, mainly), among other people.
Guys, we've got an entire slashdot community and a voice. Let's use it.
Skeptics of the campaign need not apply.
How Do I Move My Domains? (Score:2)
I've been wanting to transfer my domains OUT of NSI's purview. I don't find any such functionality on thier site. Last time I looked at register.com, there was a blurb about this to the effect that this capability had not yet been implemented.
Is this currently possible? And if so, is it currently too damn dangerous to attempt?
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"Rex unto my cleeb, and thou shalt have everlasting blort." - Zorp 3:16
http://www.NSIfuckedmeover.com (Score:2)
1. Complain to NSI
2. Talk to a lawyer
3. Take it to the media
Guess what 4 is?
(did anyone else get that insanely irritating flashing ad tile on wired? And they say video games make you want to kill!)
Joker...nuff said (Score:3)
If you order tons of domains, you can get a special account that verifies based on your pgp key (not sure if gpg keys work, they should though). Also they will bill you for your domains as opposed to normal registration which you pay up front. I just ordered two domains the other day from them for US ~70 and it was great. The records were done within 24 hours and I am a happy camper.
I found joker through a suggestion of a slashdot user. They're fast. They have an SSL encrypted process. (heLLO? network solutions?) Ignore the fact that they use poor english on the site (it IS their second language) and you'll be happy. The only issue pain was having to re-register my name servers and contact info with corenic since network solutions info isn't corenic registered but that was cool with me. When my other 5 domains expire next year, I'm rolling them over to joker.com. They're fast, simple and in short, they kick ass.
Check em out.
Re:NSI has a bug in their system - plain and simpl (Score:2)
Perhaps the gov't should just yank away their contract and run the root nameservers themselves until a suitable replacement is devised?
NSI Controls Central Registry and thus Responible! (Score:2)
*** YES, NSI IS RESPONSIBLE AND MUST FIX THEIR MISTAKE AND HERE'S WHY ***
NSI is claiming that while they made a mistake, there's nothing they can do since the domain was registered by someone at Register.com. Nice try, but here's the problem:
Keep in mind that NSI also controls the *central registry* for
What about.... (Score:2)
i think section 3 b. that he could sue icann or have a court petion force the trasfer of the domain to him. as long as he has proof, reciept from the seller, that the seller did infact trasfer the domain to him and therefore should not have been left for public sale.
Just my thoughts
Dictionary words (Score:2)
Anybody want to slip me a copy of the zones?
Re:Ouch! (Score:2)
--
U.S. Circuit Court ruling on domain name ownership (Score:2)
In other words, it's property. Not just a name, but something that someone can own.
Cnet article on the ruling [cnet.com]
After reading this article, I think that McLanahan has every bit of legal ground that he needs to file criminal charges against NSI for the theft of his property. Please remember that NSI is based in Herdon, Va, right near the very Circuit Court that issued the ruling. Mr McLanahan, if you're reading this, please go for it. As for NSI, we need something better, without a doubt.
itachi
Re:GreatDomains=Register.com WRONG (Score:2)