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A Technical and Ethical Dilemma, please advice

Located in General Domain Discussion, started by JoeE, Feb 9, 2017

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14
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971

  1. JoeE

    JoeE Top Contributor VIP

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    Here is the situation:
    I sold a domain name through a Flippa Auction that had no reserve and the domain was won by someone for less than $12, the same domain name that I turned down multiple offers highest of which was $1500 during the past few years. That was fair but it took the "winner" close to 3 months to finalize the transaction after I asked Flippa to interfere so from the start it seemed like the winner did not really want it, during the process I offered him a way out, thinking he may take it, but clearly he did not want to do anything to jeopardize his Flippa account.
    At any rate, the transfer went through but it seems like the winner never changed the contact information on the domain name, and also the name servers because I can still control it. I am also still shown as the Registrant, Admin, technical and also billing in the domain record.
    Today I received the standard ICANN domain information update/confirmation request. Which also confirmed that indeed I am still listed in all 4 contact fields.

    I checked the who is and here is what it says:

    Domain Status: clientTransferProhibited icann[Dot]org/epp#clientTransferProhibited
    Domain Status: clientUpdateProhibited icann[Dot]org/epp#clientUpdateProhibited
    Domain Status: clientRenewProhibited icann[Dot]org/epp#clientRenewProhibited
    Domain Status: clientDeleteProhibited icann[Dot]org/epp#clientDeleteProhibited

    The domain name is not expired yet, it still has more than a month left. I checked the ICANN url to understand the clientRenewProhibited epp code. and here is what is says:
    ------------------X------------------
    Client Status codes are set by your registrar

    Status Code:
    clientRenewProhibited

    What does it mean?
    This status code tells your domain's registry to reject requests to renew your domain. It is an uncommon status that is usually enacted during legal disputes or when your domain is subject to deletion.

    Should you do something?
    Often, this status indicates an issue with your domain that needs resolution. If so, you should contact your registrar to resolve the issue. If your domain does not have any issues, and you simply want to renew it, you must first contact your registrar and request that they remove this status code.
    ------------------X------------------

    So ICANN says: " It is an uncommon status that is usually enacted during legal disputes or when your domain is subject to deletion"

    I don't think anyone is disputing it legally, I owned this domain name since year 2000 and it is generic a generic keyword with a popular prefix. So that leads me to believe that the owner has marked it for deletion.

    1- Now here is my question/s. Is there anyway that a person in my position can "recover" this domain name without being able to login to that account, since I am still listed in all the 4 contact fields for the domain.

    2- Is it even ethical to contemplate such a thing? I know I almost gave it away through flippa and I know for a fact that the winner was (strangely) not at all eager to own it, and I know now that he set it up for deletion while it still have over a month to go, so it is not like I'd be taking anything of value to him but at the same time he won it and he is free to delete it or give it away.

    I know some may suggest that I contact him and ask him to return it back if he does not want it, but we all know how this will go, I'd rather not take that route at all and if I have to I'd let it expire and try to grab it, but we also know that GoDaddy will most likely put it up for auction.

    So this is a two-pronged question:
    Technically, could it be done? and Ethical, should it be done?

    Thanks in advance for your opinions.
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. Pierre Barnard

    Pierre Barnard Top Contributor VIP

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    Hi @JoeE , always difficult these situations. I dont understand some buyers, but thats another story. The answer is quite simple. NO, it is not ethical, hence it doesnt matter if it is technically possible. Might not be the answer you want to hear.
     
  3. JoeE

    JoeE Top Contributor VIP

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    Thanks pierre, and not at all, that's why I'm here. I would indeed like to be get the domain "back" but not by doing anything unethical. But I present it here is to see if it could technically be done and a general reaction to a "what would you do" kind of scenario.
     
  4. usernamex

    usernamex Top Contributor VIP

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    Hmmm, I have a few domains with status clientRenewProhibited and for sure I have not requested deletion, so it might not mean what you think. I have Auto Renew OFF on them if that means anything. See if you can check whois statuses of other names you own at the same registrar to figure it out, or post the registrar and anyone can chime in with names there to see how they appear in whois and what locks or status are enabled.

    As much as I feel for a domain that went to waste, I agree with @Pierre Barnard - this is one to let go of, even if it were technically possible. Your opportunity to back out was before the sale completed, especially with a three month delay.

    Sorry @JoeE : bummer :

    Oh maybe offer to buy it back at a profit to the buyer since it sold for only $12, if you offer $20 - 40 maybe? OR get someone else to buy it back as a broker for you, just so the buyer isn't wise to it being you wanting to buy it back? Using a broker to make the offer is a fair business strategy IMO. It might be a difficult process anyway, given the delay of the first transaction.
     
  5. Domains - Wanted

    Domains - Wanted Top Contributor VIP

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    Why not get in touch with the registrar first and inquire about the unusual status of "your" domain? Having a clear understanding of this may be helpful in the decision process.

    And why not contact the person who'd purchased the domain from you?
    (I, for one, don't know what "we all know how this will go")
     
  6. JoeE

    JoeE Top Contributor VIP

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    @usernamex Thanks for chiming in. I kind of know before I posted that I should let it go, and if I get lucky to grab it upon dropping, or through namejet etc. But I will not approach the owner because I know how it would look and what he will be asking for.
     
  7. deez007

    deez007 The More I Learn The Less I "Know" VIP

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    I think your only ethical options are to dropcatch or approach the current owner...
     
  8. JoeE

    JoeE Top Contributor VIP

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    @usernamex also indeed the clientRenewProhibited code is not all that weird when I checked on some of my own and other domains. but the ICANN explanation made seem so.
     
  9. JoeE

    JoeE Top Contributor VIP

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    As I mentioned before, he will simply sense a demand, and he may ask for more than I am willing to pay for. I say that without a doubt, since he is a domainer and is in the business of making money not do favors.
     
  10. Doughmange

    Doughmange Established Member

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    I'm sure your conscience was telling you no from the beginning, which is why you posted this thread.

    I don't think you needed our voices and opinions, because your gut feeling was to not do what was questionable.

    You win some, and you lose some. As long as you can do both gracefully and with honor you will be able to sleep well at night.

    :xf.love:
     
  11. Keith

    Keith Top Contributor VIP ★★★★★★★★★★

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    You can fill out a Whois complaint form at icann. It will force the registrant to update contact info or the registrar will suspend the domain.
     
  12. JoeE

    JoeE Top Contributor VIP

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    You're right @Doughmange and it's really not a big deal to me, I wouldn't mind having it back since I own a second identical domain with a twist. But it's not the end of the world. And I would not venture into unethical waters, but wanted to also see how the community felt about it.
     
  13. JoeE

    JoeE Top Contributor VIP

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    I can but I won't bother I think it will drop, so I will wait and see what happens and if I can grab it.
     
  14. Domains - Wanted

    Domains - Wanted Top Contributor VIP

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    Or you can wait only until it expires and then renew it. Then it's yours! Ethically, too.

    Domains are not owned. They're leased. If the person you'd sold it to does not renew, their lease will have expired. This is exactly the rationale behind GoDaddy's expired auctions, too.
     
    Last edited: Feb 10, 2017
  15. JoeE

    JoeE Top Contributor VIP

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    Yes, you are right, but I have no control over the domain, even though I'm the only person listed as the registrant, admin, billing and technical contact, I have no access to the domain record itself since it is under someone else's account. So no I can not renew it myself without it being pushed/transferred into an account I control. I will let it run it course, and it will be interesting to see what happens.
     

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