For those who missed the final moments of the original auction, here is the shortest NP thread that sort of documents things as they happened (not mine, mine is a much longer one):
Mobi Cheap, good link (though I think a possible attempt to swing opinion rather than anything else ). However, as is the law, if Sedo had suspended the auction when they themselves admit that they 'knew' things were amiss before the end of the auction then fine. Sedo did not, everybody was in the same boat, the winners were declared and the contracts joined.
This is now old hat, and I think you will agree without listing to many links that the case for the original winners was proven on this forum.
Now Sedo and mTLD are trying a new tactic (although expected), but this falls foul of the law just as their first attempt to unlawfully run the second auction fell foul of the law.
A legal contract is a legal contract. In this business, more than most as few of us actually know one another and it is 24 hour global transactions, our word has to be our bond. Unfortunately Sedo and mTLD seem to disagree.
What some forget is the first "winners" were not real winners if the auction process was stopped prematurely, not allowing further bidding. Sure, I'd be upset if I were in those shoes, but I also recognize how auctions work. Most of the action comes in the last 5 minutes. How is it fair to say the first "winner" won a name when many other interested bidders where trying to bid but couldn't due to a faulty server?
I think the rerun is a good thing. Nobody is going to be happy with results as is. Not everyone will like the re-run as well. But it's about the fairest way of doing it at this point.
You mention THE LAW etc but which law's hymn sheet are you singing from and which one are they singing from, it all depends i suppose which countries laws they are signed up to, i know USA law is very easy to sue anyone, whereas UK law it's much harder and much fairer to all parties concerned. I expect Sedo is signed up to German law, anyone know these facts??? And if German law would have any adverse effects on this outcome?
W-I-P, The winners of the 'first auction' are the legal winners. Sedo knew things were amiss but did not act to suspend the auction prior to its set close time (hammer comming down). The 'second auction' was actually unlawful because Sedo tried auctioning goods (domain names) that they did not have the owners permission to auction.
For arguments on this please see the various threads on this forum (do a search of 'sedo mobi auction').
You will see it is all a question of timing. But now Sedo and mTLD are trying again to run an auction whereby the owners of the domains will undoubtedly seek a court injunction and have this auction stopped.
But more interestingly is the 'grand slam strategy' that is now being mutted as a possible strategy to initiate a closer of Sedo's auctions within anywhere in the US (and that would mean anywhere). Sedo and mTLD have decided on a high risk strategy, now the question is will this blow up in their faces even more than the initial auction fiasco would have?
The auction fiasco was recoverable from, the strategy now adopted undoubtedly will not be. It is a flawed strategy on Sedo and mTLD's behalf, but they 'know' what they are doing, or rather I guess they are reassuring each other they know what they are doing!
AggieUK. Plaintiffs decide where to enforce international law disputes. The basic rules are:
1) Where the plaintiff lives or carries on business
2) Where the defendant lives or carries on business (in the case of multiple nations then any nation)
3) Where the business was carried out.
I am talking law as is covered by UK, Eire, German, and oh yes of course, the good old USofA!
just to start i am not an attorney
no, never... law must always be respected
although we have a contract i wrote that cause for me the first auction didnt end, however sedo didnt do the right thing re-starting the auction just few minutes after the crash... sedo should have emailed all the bidders saying about the crash and that they would "continue" the auction in one, two or three days cause (i dont know the right time) then the "winners" couldnt argue they didnt read such message as it happened
i dont think they would re-run this auction if they werent advised by their attorneys (both mTLD and sedo); probably this is the best option they had
if they didnt do that they would be taken to court by the first winners or by the second winners (it would depend on who sedo would give the name)
I have to admit this makes me quite happy, as it seems the right decision. Now the winners/losers can participate again, if they so wish.
I'm actually surprised some of the names went for as low as they did. The big ones - Games, Music, Movies, Sports - those went for what I expected.
But many of the others - less than I anticipated. You can be sure many others will get on this round, especially after some developed mobis are earning decent revenues; this extension just came out of the gate.
Let's put the last auction fiasco behind and stop bickering. In legal cases like this, the only real winners will be the lawyers. I guess some blokes felt SEDO and MTLD would be handing out settlements and free mobis for those who had the highest bids before the servers crashed - well, since that's not the case, put it to rest.
If you want to play mobi, place your bets.
If you want to take legal action, call your lawyer. I hear the barrister blokes in the States take cases on pro bono or contingency.
It's your choice.
Will everyone be happy with this decision. Not a chance. But mind you, what's the best without all the legal dance?
This is the auction that never ends, yes it goes on and on my friend. Some people started bidding in it, not knowing what it was, and they'll continue bidding in it forever just because...This is the auction that never ends, yes it goes on and on my friend. Some people started bidding in it, not knowing what it was, and they'll continue bidding in it forever just because...This is the auction that never ends, yes it goes on and on my friend. Some people started bidding in it, not knowing what it was, and they'll continue bidding in it forever just because...
__________________ Caution: Opinions are NOT fact.
Nametrekker the law is not there as an amusement or to be ignored.
Can I ask you a question, if your house burnt down tomorrow and the insurance company said 'Oh no, we decided that all policies taken out the day yours was we will ignor, tough, your not getting a penny!' would you let it drop? Would you just walk away?
What about if you were fired unfairly? Your whole career thrown aside by a false accusation made against you, would you just walk away?
Why should the lawful winners of the first auction just walk away? Why because they shouldn't class themselves as winners when a lawful contract had been made?
Biggie, in reply to your 'implied' question. I am just an interested onlooker. If I thought the law was different then I would argue differently.
Bricio, re your post above. That is why the timing of the actions by Sedo mean clearly that the auction ended at the set time. They 'knew' things were amiss but decided not to suspend the auction but to run it for almost an extra 3 hours. This action shows 'bad faith'. But all of the press releases and statements now show that Sedo and mTLD acted in an unlawful way by running the second auction.
Now they are saying that mTLD held a veto over the auction results. This is pure poppycock. Again they are digging themselves deeper and deeper, in fact they are after the world record on this one!
I wish you the best of luck with your clients there. If you think you can get a settlement for those "winners with contracts", sock it to them. That's big biz in the States, I hear. Getting settlements. Good luck with your case, mate. You seem to know the legal ins out outs there.
Nametrekker, I have no clients, I am not in the States, in fact I am in the UK, and if anything this is costing me money by diverting me away from work.
Bald one, sorry for the misunderstanding. I thought you were preparing a case. I'm sure many people on this forum appreciate your concern, advise and support. Truth is, this was a terrible situation. And I agree there should have been more preparation by the auctioneer.
Nutz. There is a member here who is representing some of the claimants. I will PM him for you if you want and ask him to contact you (be careful to check who you talk to first).
That is the word they use in the movies when a spy steals the secret plans. If BOTH auctions were "Compromised" - say by a DOS attack or someone hacking the code to influence the outcome, then Sedo/Mtld would be on solid ground in calling for a new auction. Have not seen that yet.
If the attempted injunction fails then does that really mean that ownership of the domains can be transfered in the third auction with certainty? I am not sure, but I think you can still bring suit, either for damages or for specific performance (possesion of the domain) lacking an injunction.
And here is another point. As I understand it many lawyers rarely ask for injunctions because their client then becomes liable for losses sustained by the defendant if they later lose the suit.
What is best for .Mobi is to get this resolved and the domains into the hands of those who will best develop them. I am not convinced that this will happen.
Accentnepal, the problem is that Sedo know that if they had undergone an attack they would have stated it clearly by now, instead they insinuate in the slightest of terms that this may have happened, but it is just a ruise to try and gain sympathy (huh).
One of the strengths of the claimants is there number, also a temporary injunction can be obtained even without Sedo or mTLD being present in the court. The judge just needs to be satisfied that there is a case of dispute over the ownership of the domains. In essence the 'winners' have everything to gain and mTLD and Sedo have everything to lose.
Remember up until Friday last week they were telling the 'winners' of the unlawful second auction that they were the rightful winners. Then Friday last week they say that mTLD had suspended the transfers of the domains but that the second winners would be notified when the transfers would be completed. Now today Sedo and mTLD say that the 'winners' of the second unlawful auction are not the winners at all but that they are going to run a third (unlawful) auction! Perhaps tomorrow or next week they will say that Santa's Elfs are the winners in a secret auction!
mTLD would do best to settle this quickly, but undoubtedly bouyed up by Sedo's insistance that they can ride the storm they have decided on this high risk strategy. The problem for winners of any supposed third auction is that they risk having the names taken from them at any point!
Here is a copy of the Sedo/mTLD end user agreement (sorry, yes it is very boring as most contracts are):
..................................
US1DOCS 6357275v1
dotMobi Auction Agreement
YOU MUST READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS
SET FORTH IN THIS dotMOBI AUCTION AGREEMENT BEFORE PARTICIPATING
IN THE DOMAIN AUCTION. YOUR REGISTRATION FOR AND PARTICIPATION IN
