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| Dot MOBI Discussion of the .MOBI TLD |
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| | #51 (permalink) |
| NamePros Regular Join Date: Nov 2006 Location: British Columbia
Posts: 325
![]() ![]() ![]() ![]() ![]() ![]() | I've read over this agreement that i agreed to when i entered bidding at sedo auction for a premium domain. This is from http://mtld.mobi/domain/premium/auction By participating in the online auction, you hereby agree to the .mobi Auction End-User Agreement. http://mtld.mobi/system/files/Auctio...+Agreement.pdf Very interesting read. Some of the highlights: 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 THE DOMAIN AUCTION CONSTITUTES YOUR ACCEPTANCE OF THIS AUCTION AGREEMENT. 3. Termination of Agreement & Revocation of Authorization Code mTLD, in its sole discretion, may terminate this Auction Agreement at any time with or without notice to You. 11. Notice of Potential Violation of Third Party Rights You agree that mTLD makes no representations or warranties of any kind in connection with this Auction Agreement and specifically makes no guarantee to You (1) regarding the conduct of the Domain Auction by the Event Organizer and/or Auction Manager and/or blah blah 13. Liability Disclaimer IN NO EVENT SHALL mTLD BE LIABLE FOR ANY DIRECT, IN DIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM OR RELATING TO THIS AUCTION AGREEMENT OR RESULTING FROM ANY DATA, INFORMATION, GOODS, OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THIS AUCTION AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF mTLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL mTLD BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. WITHOUT LIMITING THE FOREGOING, mTLD EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM: THE CONDUCT OF OR PARTICIPATION IN THE DOMAIN AUCTION; DATA NON-DELIVERY OR MIS-DELIVERY BETWEEN YOU AND mTLD; PROCESSING, REGISTRATION, AND/OR LOSS OF REGISTRATION OF A DOMAIN NAME; USE OF A DOMAIN NAME; DISPUTES OVER DOMAIN NAME REGISTRATIONS, INCLUDING THE DECISION OF ANY DISPUTE RESOLUTION PROCEEDING; ERRORS, OMISSIONS OR MISSTATEMENTS; AND/OR EVENTS BEYOND mTLD’S CONTROL (I.E. ACTS OF GOD). ????: NamePros.com http://www.namepros.com/dot-mobi/408032-breaking-news-sedo-auction-3-re.html IN NO EVENT SHALL mTLD’S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AUCTION AGREEMENT EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO mTLD PURSUANT TO THIS AUCTION AGREEMENT. IF ANY STATE OR JURISDICTION DOES NOT PERMIT THE ELIMINATION ORLIMITATION OF CERTAIN TYPES OF LIABILITY, mTLD’S LIABILITY SHALL BELIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. 16. Choice of Law and Forum You agree that this Auction Agreement, its terms and conditions, and the relationship between You and mTLD shall be governed by and construed in accordance with the laws of the District of Colombia, excluding its conflict of laws rules. Any action arising out of or related to this Auction Agreement must be filed in the courts of the District of Colombia. For any disputes arising under or related to this Auction Agreement, You agree to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the District of Colombia. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AUCTION AGREEMENT. I hope this clears alot of questions up |
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| | #52 (permalink) |
| Senior Member Join Date: Nov 2007 Location: http://ISSUES.COM
Posts: 1,126
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | mTLD confirmed to me - in writing - that they conducted this auction under Sedo's TOS...It was also explicit on their website. There is a specific provision in the Sedo TOS that binds Bidder & Seller, if there is a tech fault where the auction pages become 'unavailable', and don't register bids... (Sedo TOS 5.1.2.7) .
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| | #53 (permalink) |
| Senior Member Join Date: Mar 2006
Posts: 1,389
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | u8l2, remember that a contract must stand up in a court of law. Many points in this are ambiguous. But what is definate is that no where in this contract does it say that after an auction has closed mTLD or Sedo void the auction, and yet this is what they are claiming! This is obviously just another attempt at smoke screening the situation. Come on Sedo/mTLD not long before the whole you are digging yourselves into approaches the world record! |
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| | #54 (permalink) | ||||
| NamePros Regular Join Date: Nov 2006 Location: British Columbia
Posts: 325
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| | #55 (permalink) |
| Senior Member Join Date: Mar 2006
Posts: 1,389
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | u8l2, that specifically says 'this auction agreement', the auction agreement is not in dispute, what is in dispute are the actions of the vendor and auctioneer after the auction had completed. The present point is the 'right' of mTLD to void an auction after it has completed. The argument put forward by Sedo/mTLD that mTLD had the right to void the auction after completion has been shown to be totally erronous, mTLD had not and does not have that right even by the contract that they say gave them the right. As I said it is simply smoke screens by Sedo/mTLD. |
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| | #56 (permalink) | ||||
| NamePros Regular Join Date: Nov 2006 Location: British Columbia
Posts: 325
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| | #57 (permalink) | ||||
| Electrifying Guy ![]() Join Date: Sep 2003
Posts: 4,749
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prove anything. Mods, kindly merge the thread below with this one here: http://www.namepros.com/industry-new...hird-mobi.html ????: NamePros.com http://www.namepros.com/showthread.php?t=408032 Just read Sedo's response posted here. Interesting, to say the least. IMHO it's quite "fair", although the "winners" of the last bid won't definitely be happy about this. Depends now on who's actually going to sue in court. Until a court order is secured for something specific, the auction pushes thru, despite what some of you believe about it. | ||||
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| | #58 (permalink) |
| NamePros Regular Join Date: Oct 2006 Location: Midwest
Posts: 326
![]() | WOW, I'm mad. They've had my $XX,XXX for a week now... even sent over the transfer auth. code for the domain. pretty rediculous what's going on...
__________________ Symbolics.com XF.com Investments Co. March.com Media |
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| | #59 (permalink) |
| Senior Member Join Date: Sep 2007
Posts: 1,212
![]() ![]() ![]() ![]() ![]() | I wouldn't bet against some form of compensation for expenses, there were reportedly people who hired developers as well.
__________________ Bulk NNN offers being discussed. All firm commitments will be honored. All PM discussions must be finalized ASAP. ~~~ .Mobi Examples:BusinessWeek.mobi, ESPN.mobi, CNNmoney.mobi, weather.mobi, ericsson.mobi, wnba.mobi, NBA.mobi, marriott.mobi, smirnoff.mobi, polo.mobi, BMW.mobi, AAA.mobi, ferrari.mobi |
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| | #60 (permalink) | ||||||||
| Internet Real Estate Join Date: Sep 2004 Location: USA
Posts: 1,198
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????: NamePros.com http://www.namepros.com/showthread.php?t=408032 The technical glitch that Sedo experienced is nothing new at all. I've been in a fair number of online auctions and many of them grind to a halt due to strong last minute activity. Same with stocks online during a heavy trading day. Seems that online companies would be aware of the problem and have ample resources in place to meet the load.
__________________ PremiumDomains.biz -> BLOG | Charlotte.US | Manhattan.mobi | NewYorkCity.biz | Detroit.US | Miami.biz | NorthCarolina.info | California.biz | ||||||||
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| | #61 (permalink) | ||||
| Senior Member Join Date: Sep 2007
Posts: 1,212
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And they don't even need any additional resources to speak of (as in new servers for instance) - just need to stagger all premium auctions several hours apart.
__________________ Bulk NNN offers being discussed. All firm commitments will be honored. All PM discussions must be finalized ASAP. ~~~ .Mobi Examples:BusinessWeek.mobi, ESPN.mobi, CNNmoney.mobi, weather.mobi, ericsson.mobi, wnba.mobi, NBA.mobi, marriott.mobi, smirnoff.mobi, polo.mobi, BMW.mobi, AAA.mobi, ferrari.mobi | ||||
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| | #62 (permalink) | ||||
| Internet Real Estate Join Date: Sep 2004 Location: USA
Posts: 1,198
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__________________ PremiumDomains.biz -> BLOG | Charlotte.US | Manhattan.mobi | NewYorkCity.biz | Detroit.US | Miami.biz | NorthCarolina.info | California.biz | ||||
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| | THREAD STARTER #63 (permalink) | ||||
| Account Closed Join Date: Jul 2006
Posts: 6,713
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think we need to mass email them and make sure they do this, otherwise, buyers, watchers and nayasyaers could overload it again keep hitting refresh or whatever. ????: NamePros.com http://www.namepros.com/showthread.php?t=408032 they cannot have same format if it screws up for any reason, they could lose a lot of domainers onside (they lost some already) and could be a disaster they HAVE to make this good this time | ||||
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| | #64 (permalink) |
| Senior Member Join Date: Mar 2006
Posts: 1,389
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Arnie, this third auction of the third auction will never happen. Already today I woke up and turned on the computer to messages that now an injunction will be sought stopping the third auction. Sedo are burried, their attempt yesterday to say that the contract gave mTLD the right to void the auction has been proved to be totally erronous and without foundation (I posted the contract in its entirety here on this forum). |
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| | #65 (permalink) | ||||
| Electrifying Guy ![]() Join Date: Sep 2003
Posts: 4,749
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it's entirely another for such to be so ordered. The judge will be the judge of that, and we'll know soon enough. | ||||
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| | #66 (permalink) |
| Senior Member Join Date: Mar 2006
Posts: 1,389
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Dave Zen, a temporary injunction can be obtained without Sedo or mTLD even being told that such is being sought. The plaintiffs asking for such only need to satisfy the court (judge) that the ownership of the domain names is in dispute. I think they have that one fairly well covered, don't you? ????: NamePros.com http://www.namepros.com/showthread.php?t=408032 The important thing is the timing involved, when will the injunction be sought? Well that is up to the plaintiffs and their legal advisors. Any full injunction will require full disclosure of all material facts by Sedo and mTLD, and any full hearing will be months away at the very least. In the meantime the plaintiffs have a number of options open to them to investigate, including the 'grand slam strategy' as I described on the first page of this thread. January 23rd shall come and go, and in no way will Sedo and mTLD be able to run the auction on that date. |
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| | #67 (permalink) |
| NamePros Expert Join Date: Mar 2006 Location: AUSTRALIA
Posts: 6,438
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | One thing that amuses me is that 99 % of people read the agreements (TOS or call it like you want) only after there is a problem. How many points of that agreement would you accept now that you read it? Surely Sedo is losing more credibility than ever. We should run a survey to see how many people are still going to use SEDO in the future. The real problem is that there are not many alternatives out there. |
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| | #68 (permalink) |
| NamePros Regular Join Date: May 2007 Location: Singapore For Now
Posts: 671
![]() ![]() | Let your money talk will be the rules for auction. Just bid the highest at the latest auction and obtain the domain regardless whether the domain winner have already paid in the previous auction. That the worst situation for bidders. |
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| | #69 (permalink) | ||||
| NamePros Expert Join Date: Sep 2004 Location: Canada
Posts: 8,996
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Put a proxy bid of $1mm+ on the name you were the rightful winner of in Auction #1 (or 2 if you feel that way) and then launch a lawsuit on them before paying for the name in Auction 3. Hell, that's what I'd do ![]() ????: NamePros.com http://www.namepros.com/showthread.php?t=408032
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| | #70 (permalink) |
| NamePros Member Join Date: Jan 2007 Location: ATL
Posts: 154
![]() ![]() | SEDO Auction 3 Part Deux Okay, so we have SEDO Auction 3 Part Deux! Not trying to put a damper on things but I do not think that the prices that we saw in the previous auction will hold up in this new one. Just do not see it. I hope that I am wrong....and I really mean that but I have to also face reality. It will be interesting to view. :-)
__________________ It is not the years, it's the mileage. ;-)
Last edited by quasar1138; 12-19-2007 at 08:50 AM.
Reason: Clarity
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| | #71 (permalink) | ||||
| NamePros Member Join Date: Nov 2007
Posts: 28
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| Originally Posted by allnicksgone |
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Here we go again. Everybody sing with me..... 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... |
| | #72 (permalink) | ||||
| Senior Member Join Date: Jan 2007 Location: "D" town
Posts: 3,430
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????: NamePros.com http://www.namepros.com/showthread.php?t=408032 One thing is for sure...I can't wait until this auction gets going! | ||||
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| | #73 (permalink) | ||||
| NamePros Regular Join Date: Oct 2006
Posts: 213
![]() | Where's that Solomon guy when you need him? How about a timesharing arrangement? Winners of first round get domain M,T,Sa; round 2 winners W,Th,F,Su. Or How about splitting the 160 pixels screen space down the middle - oh forgot, frames not allowed.
????: NamePros.com http://www.namepros.com/showthread.php?t=408032 Forgive the poor analogy, but I sure wouldn't try to marry a woman whose husband hadn't signed the divorce papers yet. In the good old days civilized gentlemen would have settled this with a little duel at 50 paces... but not until after shooting the auctioneer first. ![]() In cases where the winners of round1 and 2 were the same is there really a need to reauction those domains? | ||||
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| | #74 (permalink) |
| Account Closed Join Date: Jul 2007
Posts: 313
![]() | I predict that even if there happened to be another auction, that the names won twice in the 1st and 2nd auction by the same person will go for a bargin as others will be to scared to bid on them in case they are taken off them. |
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