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Old 12-29-2007, 12:39 AM   #1 (permalink)
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Tequila.mobi - "An Online Contract isn't Worth the Paper it's Written On!"

This is a dotmobi (mTLD) HORROR story.



For those of you that feel that we bidders are being unfair on dotmobi (mTLD) - Please just look at the kind of ruthless hardball dotmobi is playing against US...!!


We bidders want to settle this amicably, and by by negotiation - but, dotmobi does NOT appear to want to behave with decency....Look at what dotmobi is actually DOING to auction bidders...:


Please visit:


http://www.8magicwords.com/


And, here is a brief summary, posted by these 1st and 2nd auction winners...:


(Previously posted by Tequila.mobi)


"We were the successful winner of 14 domains in the auction:

Auction 1 (Cancelled)
Comedy.mobi
Roses.mobi
SendFlowers.mobi
Joke.mobi
Florist.mobi
Fitness.mobi
Funnies.mobi
Funny.mobi
Gift.mobi

Auction 2 (Extended)
Comedy.mobi
Roses.mobi
SendFlowers.mobi
Joke.mobi
Tequila.mobi
Coffee.mobi
Magic.mobi
Resume.mobi
Resumes.mobi


We are developers of dot MOBI domains. (www.MobiClick.ca)


Four of these domains we won in both the 1st and 2nd Auction:

Comedy.mobi
Roses.mobi
SendFlowers.mobi
Joke.mobi


As the ONLY successful bidder on these 4 domains, we asked Caroline Greer (mTLD) to allow transfer of these 4 domains. There are no other challengers. Our request was flaty denied. We feel this is very unfair.


Also, we believed mTLD accepted the 2nd (Extended) auction.


The mTLD authorized and TRANSFERRED us the premium domain TEQUILA.MOBI on December 10, 2007.


We launched a fully developed site (Scoring 5/5 on ready.mobi) and made public announcements about the site launch.


The domain was in our control and Ownership 7 days before Trey Harvin's press release.


We have documented, undisputed Video evidence of the fully developed site IN-USE. (Complete with updated WHOIS, etc.)


On December 20, 2007, the domain was grabbed back by mTLD.


No Warning. No Authorization. No Permission. The domain was LOCKED and we had purchased Go Daddy's dead-bolt transfer security to prevent any un-authorized transfer/update. It required Photo ID for any domain updates. mTLD make 5 unsuccessful transfer attempts which were all denied by GoDaddy.

Finally, mTLD just GRABBED the domain and shut down our fully developed, promoted, launched website.



Is this FAIR ???

We have LOTS of VIDEO Evidence!"



(my edit):

This is a HORROR story....NOT, I submit, the mindset of an organisation that is open REASON - Or, treats its community fairly, and with respect - Or, is open to a compromise proposal.


.
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Last edited by DomainTalker; 12-29-2007 at 12:46 AM.
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Old 12-29-2007, 12:39 AM   #2 (permalink)
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8 magic words....(shocking)

Check this out guys...

http://www.8magicwords.com/

I find the whole Sedo/mtld situation shocking..but the video on the site makes it even worse

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Old 12-29-2007, 01:32 AM   #3 (permalink)
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I like the site. Very well done in a short period, and all valid points too.
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Old 12-29-2007, 01:43 AM   #4 (permalink)
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have to say all power to mr.tequila.mobi/8magicwords great job on site
good luck
hope we get a resolution on all this, it's the right time of year coming for truces
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Old 12-29-2007, 01:56 AM   #5 (permalink)
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I had not heard that mTLD had actually transfered any of the disputed domains.
And then they took it back, at the root or something, avoiding Godaddy's lock???


You would think by now that mTLD would be firmly in the hands of competent lawyers. Obviously they are not and are compounding their blunders.

This last one is a whopper.



This is a pivotal time for .Mobi. If mTLD practices corporate arrogance it runs a very serious risk of a full meltdown of the otherwise excellent potential of the .Mobi extension.
MTLD has no assets beyond it's reputation. None.

.Mobi cannot grow if we spend our energy fighting each other, Damn it!
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Old 12-29-2007, 02:06 AM   #6 (permalink)
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That is just unbelievable, and very sad
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Old 12-29-2007, 02:14 AM   #7 (permalink)
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Very well done presentation.
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Old 12-29-2007, 02:41 AM   #8 (permalink)
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This could potentially spell the end of .mobi. Very sad and it had such a lot of potential. This is what happens when incompetents run the show with only money on their mind. Looks like .mobi is going to turn into one big farce with the guys like us who invested in it the losers.
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Old 12-29-2007, 03:08 AM   #9 (permalink)
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Hang in there Binary - nothing is certain here but the uncertainty.

We have to assume that the guys and girls running mTLD have more sense than to destroy all they have been working for. They have no sane choice but to work out a fair solution with the December bidders. I think/hope that they will see that.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

As for 8MagicWords --- look at the creativity that was going to be unleashed in the .Mobi space! That is the real tragedy here, that these guys could be building their .Mobi websites instead of building their lawsuits.

.

Last edited by accentnepal; 12-29-2007 at 03:16 AM.
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Old 12-29-2007, 03:44 AM   #10 (permalink)
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Right accentnepal. Let's hope sanity prevails. Let's hope there is real leadership and foresight at Mtld and a genuine will to promote and advance the cause and purpose of .mobi to it's max
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Old 12-29-2007, 03:53 AM   #11 (permalink)
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Unbelievable.
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Old 12-29-2007, 04:37 AM   #12 (permalink)
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Very compelling evidence. Hat's off to Geoff to have the foresight to videotape the site and who-is info.

The actual transfer of the name opens up a whole new can of worms to an already full plate, IMHO

mTLD needs to act responsibly and swiftly
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Old 12-29-2007, 04:44 AM   #13 (permalink)
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Shocking story! I'm really very disappointment with this move of mTLD
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Old 12-29-2007, 05:35 AM   #14 (permalink)
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This is one of the main reasons why we must fight so hard on this auction fiasco....


This kind of behaviour has to be stopped, imo....For the sake of .mobi brand....We must have regulators with high standards, and fairness, and ethical values....Indeed, to have confidence in the whole domain industry.


This example of Tequila.mobi is as bad as it gets....It strikes at the heart of our financial security....ie the ability to know its safe to invest in a domain, with the reasonable expectation we can invest in it, and develop it, without it being taken away, arbitrarily.


Remember - this began with dotmobi (mTLD) VOIDING contracts at the 1st auction....and then, again, VOIDING the Contracts - again - at the 2nd auction...


...Now, they've shown that they are even prepared to TRANSFER a domain to a buyer that has PAID for it - and, then - after it has been developed - literally STEAL it - without discussion, without permission, without an established legal process (if they wanted it back, they should negotiate with Tequila for it - or, get a court to prove they are entitled to it).


This sort of thing just makes people angry....There WILL be legal action, now....There's no other way with people that act like this....Its simply not reasonable.

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Old 12-29-2007, 06:08 AM   #15 (permalink)
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This is ****ing ridiculous. The mTLD people are absolutely insane. The good news is they can write customer care books after their retirements.
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Old 12-29-2007, 06:59 AM   #16 (permalink)
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nice video, a little painfully repetitious, but ... anyhow - had mtld let them keep their domain, even though it was transferred, and not rerun the whole auction, would have opened them up to lawsuits from everyone who won auctions and didn't recieve transfers of their domains ... not sure what happened here but hopefully it gets sorted quickly.
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Old 12-29-2007, 07:08 AM   #17 (permalink)
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MTLD seems to think it can be Judge, Jury and Executioner

Theft
–noun
1.the act of stealing; the wrongful taking and carrying away of the personal goods or property of another; larceny.
2.an instance of this.
3.Archaic. something stolen.
Tequila I would advise you seek council, asap..
This is THEFT PERIOD.

" don't bite the hand that feeds you"


pc

Last edited by pcaero; 12-29-2007 at 07:49 AM.
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Old 12-29-2007, 07:10 AM   #18 (permalink)
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i think there are many points that can be raised about what would happen if they just let em keep the name...

but, the point (or lesson i guess) here is that you can actually win a name in what seems to be a legit auction (who really thought they would run a 3rd one..).. pay for the name, have it transferred to you and have it taken back from you at a later date by no fault of your own.

the contract 'wording' might have always been there... and they likely wouldnt ever take a domain back just to be mean.. but extreme/questionable circumstances happen and this is one of them.

at minimum i think the lesson here is the good ol: Caveat Emptor! buyer beware.
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Old 12-29-2007, 07:14 AM   #19 (permalink)
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"We even purchased Go Daddy's 'Protected Registration'. It's promoted as: 'The most secure domain ownership protection available. Keep your domain private, locked and protected!'

Photo ID Required
When Go Daddy sold us the Deadbolt Transfer Protection for our new Premium dotMobi Domain, we felt very secure. We were told Photo ID would be required for any updates to the domain.

Registrar Security Fails... mTLD Grabs Domain!
On December 19, 2007, the dotMobi mTLD Registry made five (5) unsuccessful attempts to transfer our domain away from us! These Domain Transfer Attempts were Blocked by our Registrar (Go Daddy).

After five unsuccessful attempts, the dotMobi mTLD Registry just Grabs our Domain. The dotMobi mTLD Registry then updated the Public WHOIS Database to remove evidence of our ownership.

dotMobi mTLD Grabs our Domain!
On December 20, 2007, the dotMobi mTLD Registry simply GRABS OUR DOMAIN. Without Notice. Without our Authorization. Without our Permission. Without a Court Order."
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Old 12-29-2007, 07:16 AM   #20 (permalink)
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I am aghast!

Who the hell do dotmobi think they are?

If I had been asked prior to this what dotmobi's next move was going to be I don't think in a thousand years I would have thought them to be this ludicrously imbecillic! Dotmobi have in one act changed the attitude of a large number of domainers who had decided to not get involved in the Sedo auction fiasco to now look at this and say that dotmobi are totally wrong.

This is in all essence the first registry suicide!
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Old 12-29-2007, 07:19 AM   #21 (permalink)
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Quote:
Originally Posted by TheBaldOne

This is in all essence the first registry suicide!
I think you are right.

And if those involved need any help, a petition or anything PM me, I would be glad to help against these illegal things that happened to other fellow domainers.

PS: Nice domain in your siggy TheBaldOne
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Old 12-29-2007, 07:26 AM   #22 (permalink)
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There is no justification throughout the sedo auction fiasco.I'm sure that sedo & mtld consulted their attorneys before any of the name grab backs & well thought out statements(at least that's what they thought)were released.
The hole they dug is too deep now for a solution where evryone would be satisfied.I own a couple of hundred mobi's & I don't see any resolve at this point,no matter what, there is going to be bad feelings towards sedo & mtld...
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Old 12-29-2007, 08:17 AM   #23 (permalink)
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Quote:
Originally Posted by pcaero
MTLD seems to think it can be Judge, Jury and Executioner

Theft
–noun
1.the act of stealing; the wrongful taking and carrying away of the personal goods or property of another; larceny.
2.an instance of this.
3.Archaic. something stolen.
Tequila I would advise you seek council, asap..
This is THEFT PERIOD.

" don't bite the hand that feeds you"

pc
Agree with PC.

You purchased in the extended auction. You had every reason to believe that this was a legitimate contract. The name was transferred to you after you provided agreed upon consideration.

This is an injustice. Very improper way to deal with the auction.

I hope MTLD reverses the decision to override auction #2.

In your case, where consideration was paid w/ transfer, there is no justification.

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Old 12-29-2007, 08:23 AM   #24 (permalink)
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I hope they make a wise decision and that they reverse their actions.
If not .. I may not think about that
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Old 12-29-2007, 09:25 AM   #25 (permalink)
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I think Sedo and mTLD have made a huge mistake.

By the time the feed back for the Consumer Electronic Shows (7-10th) January is digested, I believe that Sedo Auction on the 23rd will struggle to match the prices in the original auction let alone those in the extended auction. There filthy greed will end up getting them nowhere, and the reputations will be as they should be!
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