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.mobi Music.mobi Lawsuit - SEDO / MTLD auction conspiracy revealed

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Hello everyone!

Busy day meeting up with lawyers about this whole Sedo mess.

First thing in the morning I called Sedo up in the East Coast and I explained the situation to the person in charge of escrow/transfers and asked to talk with Schumacher the company CEO. He said he can not do that directly and that I could speak to the supervisor. Well guess what? The supervisor NEVER answered the phone. I left a voicemail underlying all my points and that I will be investing $600k in legal fees and advertising in not only getting Music.mobi back via multiple lawsuits, I would go for punitive damages and also bring justice to all the bidders who who won their original auctions to wake up the next day to find out they actually lost.

I was OUTRAGED to find out that a SEDO representative sent me an email. Here it is, public for everyone to see:


----- Original Message -----
From: Jay Finnan <[email protected]>
To: Costa
Sent: Wednesday, December 05, 2007 1:37 PM
Subject: mp3s.mobi


Hello,



I was speaking to the owner of mp3s.mobi. The auction that closed today has them interested in selling their domain now. If you are interested in acquiring the name the owners would sell it today for $500,000 USD.



If you’re interested please let me know.



Best regards,

Jay Finnan

Brokerage Team Leader
Portfolio Sales Manager

--
Sedo.com, LLC
tel +1 (617) 499-7237 • fax +1 (617) 499-7203
http://www.sedo.com • mailto:[email protected]


My response was one of outrage and disgust since my proxy of $611k was output by some random bidder who was never even involved in the original auction. The intent was clear. SEDO wanted MANIPULATE the situation and my $611k proxy bid to make more money on my situation. I told them I would not buy the domain for even $300 and that they make me sick asking me to buy a CRAPPY domain for $500k which leads me to believe that they had insider information and that they manipulated the system to INCREASE the value of the .mobi auctions.

OK here is the conspiracy and actions that lead me to believe that this was a bigger scam than the .eu - As one would say they EnronSedoed or EnronMTLDed me.

1) They hold the auction and anticipate high demand. They decide not to increase their server size so that the loading times are slow. They even adjust their server settings at the 5 minute mark for lower processing times. They KNOW that there will be a lot of traffic in the last 10 minutes so they stipulate users would construe the traffic and server slowdown as "natural"

2) The time runs out. The winners are declared but they look at their TOS and decide they can abuse the original SEDO bidders so they can extract further monies. I know they would not redo the auction is my DSL connection was slow. They claim that the servers crashed (in actuality the servers did not crash - they just has the SLOWEST loading times. There is a difference between a computer crashing and a server being slow. The server was the SLOWEST. By the way, I videotaped the last 15 minutes of the auction which in essence proves that the servers did not crash, but they experienced slow loading times.

3) They move into strategy 2. They decide to create a hyped up environment to show to the world that the .mobi auction is going nuts and that the bidding is astronomical. There is SOO much demand that the servers crashed. Emails are sent by BOTH Sedo and the MTLD (Yes both - they leveraged their email lists to the maximum). New bidders read about it and get excited about the .mobi domain due to the artificial hype. Yes, this is where the music.mobi Bidder 13 and 14 who had no bids in the original Music.mobi auction come and start jacking up the prices, moving towards my $611k proxy. At this moment I am seeing my final win from $66k go to $616k. Other bidders experience the same thing. Others are sleeping or out celebrating the fact that the won. Later they will find out what has happened.

4) Sedo decides to add 2 hours to the bid so they can maximize the exposure of their email sending as well as invite new users. MTLD even starts posting on domain forums to alert everyone of the hype. I have this directly from one of the heads of .mobi MTLD Caroline Greer:

Dear Costa,

Thank you for your email and we are sorry for your disappointment.

Sedo extended the auction by three hours in accordance with its auction terms and conditions. Every effort was made to contact bidders in the auction and additional outreach efforts were made via blogs, web site posts etc.

Please contact Kate Donaghue from Sedo (copied on this email) if you need further clarity on Sedo's auction terms and conditions.


As regards the winning bidders, I have yet to see the list and we are unable to comment on bidder identities without the bidder’s explicit consent. However, I can assure you that dotMobi’s terms and conditions regarding site development apply in all cases.

Kind regards,

Caroline Greer
Director, Policy and Industry Relations

dotMobi
11 Exchange Place
IFSC, Dublin 1, Ireland
+ 353 87 1234244


Yes people, the MTLD did POST-AUCTION advertising. Yes, the head clearly stated in an email: "additional outreach efforts were made via blogs, web site posts" - WOW what a way to create some additional buzz and entice new bidders and jack up the price of .mobi

5) I did not receive a call back from the CEO Schumacher. However I did receive a call from the SEDO lawyer called Sharon. They obviously know what they did was fraud and would undermine their credibility. I can not believe that all the CAroline Greer's of MTLD and execs at Sedo are feeling good about themselves. This was a well thought out scheme. Even if the servers became slow due to excessive bandwidth (note the servers did not crash - their terminology was incorrect - a server expert told me that crashing and slowing down are 2 different things and would show 2 different results on your screen), it gives SEDO and MTLD no right to do all the things that transpired. And WHY did they add 3 hours? (Wait I thought it was 2 hours and then 30minutes extra - Caroline get your facts straight - SEDO did not follow your instructions very well about that additional 30 minutes huh?).

6) I have spoken to 10 attorneys today. yes very busy day. They are salivating over this case. And I mean salivating. Hey, they even said, if Sedo's attorney called you it means they have done something wrong and dont want anyone opening their mouth and saying something that will haunt them. I feel sorry for the one guy who thinks he won the top names. Dude, I assure you that in the class lawsuit I am filing (http://mobi.music.us), the MTLD's premium auction conditions will be included: equal distribution and RFPs. By definition you can not have all those domains. It is against MTLD policies. Wait EnronMTLD I mean.


By the way, I am pissed especially since I had a whole strategy on pushing the .mobi domain through a killer site which launches next year (3 years of development). Caroline Greer and the MTLD REJECTED my RFP claim since 2006 (yes I have been enquiring for that domain since 2006). By they way I do not own ANY .mobi domains. If I own one, I SHALL develop it. That is the goal. UNlike the fake high bidder who is too busy showing off his world record. I have one thing to say buddy. It is fake. My proxy of $611k must be retracted to reflect the REAL price of the domain. $66k. I will NOT assist some random domain-seller a-la-domain-king into showing off that he spent $616k. It is void buddy. I asked Sedo to retract the proxy bid of $611k. So dont send a wire transfer of $616k. Tell them I said I retracted my offer and that you should not be paying that. Even if you pay, they are still liable for damages. I hope they return your money when I get the domain back. Because i will. And so will all of you. Justice will be served.
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
First of all, I will state to you that I would rather see music.mobi in your hands than the person who did place the highest bid. You have great development plans, he doesn't.

I do believe you are going about this the wrong way. You are too emotional because you lost something you had your heart set on. I would be the same way in your shoes.

Your mistake is trying to prove the defendants purposefully orchestrated these events. I do not believe they did, they were only reacting to an unexpected problem. Even if I am wrong, it would still be impossible to prove they planned this.

You should be going after them for being negligent by allowing these problems to happen in the first place and not having a proper plan in place to deal with these situations. This would be easy to prove.
 
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Costa,
Well done! I am in the same situation as you as I was successful with two of the names only to find out that they retracted from their initial agreement. I have sent a letter today to the directors of sedo but have not recieved a reply as yet.
 
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This happened to me and a partner as well on a different domain. What I found interesting was that they sent out confirmations that you won and then restarted the auction. By sending a confirmation after their servers went done I do not see how they can ever claim technical difficulties and a way out. Had they never sent a confirmation then maybe they might have an out if they have something in their terms of service. A confirmation after the server failed in my opinion negates that. I am not an attorney though.
 
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I email SEDO about the whole RE listing thing the night of the auctions,

I never got a reply,

Very un-professional service for such a "large" company.

I will take my business else where in the future.
 
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"I can assure you that dotMobi’s terms and conditions regarding site development apply in all cases." -Caroline Greer

"I am not planning on developing these names, I am planing on selling these sometime in the near future" -Alvaro Albarracin

It will be interesting to see how MTLD handles this..
 
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Dotmobi offers links to basically automated mini site development from their page. It would take about fifteen minutes per name to get them developed enough to comply with the sale terms. Not really a big problem for any buyer (prepared or not).

MinionDH said:
"I can assure you that dotMobi’s terms and conditions regarding site development apply in all cases." -Caroline Greer

"I am not planning on developing these names, I am planing on selling these sometime in the near future" -Alvaro Albarracin

It will be interesting to see how MTLD handles this..
 
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allnicksgone said:
First of all, I will state to you that I would rather see music.mobi in your hands than the person who did place the highest bid. You have great development plans, he doesn't.

I do believe you are going about this the wrong way. You are too emotional because you lost something you had your heart set on. I would be the same way in your shoes.

Your mistake is trying to prove the defendants purposefully orchestrated these events. I do not believe they did, they were only reacting to an unexpected problem. Even if I am wrong, it would still be impossible to prove they planned this.

You should be going after them for being negligent by allowing these problems to happen in the first place and not having a proper plan in place to deal with these situations. This would be easy to prove.

I think this pretty much sums it up. Take a couple of days to calm down (and I don't blame you at all for being riled up). Then, look at the facts and pursue a law suit. I don't think there was a conspiracy but definitely very poor decision making on Sedo's part. Check with your lawyer, TOS aren't laws and very well may violate US or state laws. Unfortunately you are in for a long battle but a valid battle. Please keep us updated.
 
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