| NamePros Regular Join Date: Mar 2006
Posts: 859
NP$: 297.68 ( Donate)
| I wouldn't bank on this auction going ahead!
This is the proceedure that they would follow to see the metal of the complainents. But having corresponded with some of them this is a fool-hardy strategy on Sedo's and mTLD's side.
Firstly, the statement says that mTLD had the right to declare the auction void, I have yet to see published any document that was given to any person taking part in the auction where it states that mTLD reserves the right to declare the auction void!
Secondly, Sedo and mTLD have now decided basically to say that the published TOS by Sedo are null and void, this means that under the law where 'mutuality' must exist in a contract that all other buyers and sellers can declare an auction run by Sedo as null and void!
Thirdly, Sedo and mTLD have decided to 'smoke' the issue by trying to get the winners of the first auction embroiled with the winners of the 2nd unlawful auction.
Fourthly, the statement is so vague as to the reason of the 'crash' that it implies almost in as vague terms as possible that something untoward and illicit occurred. Now they will have to prove this in court.
Fifthly, Sedo and mTLD have now not only opened the floodgates to the winners of the first auction but have also opened wide claims by the subsequent winners of the second auction for damages.
SIxth, a novel approach by the claimants in a US court could be the argument that Sedo have shown themselves to be unsuitable to run auctions and therefore perhaps an approach could be made to issue an injunction under the 'wire laws' that no Sedo auction is allowed to be transmitted within the US. through the US, on any equipment housed in the US (such as telephone wires or computers), or belonging to any US citizen or resident.
As I have said in other posts this could be a long drawn out affair, but my $20 is that the January 23rd auction as mentioned in the Sedo statement will not occur.
Point six is what I would call the 'grand slam approach'. This could of course destroy Sedo's business within the US, and indeed lead to much more trouble for Sedo. But hey, when have the majority of us ever thought that Sedo oozed with common sense. Rather than clear up the mess and move on Sedo and mTLD have decided on a show down, no doubt positive in their own minds that their big bucks and big muscles will win the day. Strange I seem to remember some chap called Goliath thinking the same!
Pred, well reported. Trust me to go for a bite to eat just as this was about to hit the wire!
|
