.mobi Breaking News: Sedo Auction 3 To Be Re-run In January 2008

[Pred]

BREAKING NEWS: SEDO AUCTION 3 TO BE RE-RUN IN JANUARY 2008

Just in from Sedo
(feel free to rep :sold: )


Third .Mobi auction to be rerun on January 23rd, 2008
Hello everyone,

Many of you have been asking about the December .mobi auction that was interrupted due to our server crashing. Per the DotMobi registry's requirements, the December auction results have been declared void. The auction will be rerun on January 23rd, 2008. Please read on below for Sedo's official announcement.

"On December 5, 2007, the third and final .MOBI auction was scheduled to close on Sedo’s domain auction platform. In line with the previous two .MOBI auctions, the available domains garnered significant attention and received many competing bids in the seven days the auction ran. The domains received so much attention in the final moments that Sedo’s auction servers crashed before the completion of the auctions, rendering our system incapable of processing many validly submitted bids, including proxy bids set by user’s using the feature to automatically bid up to a maximum amount, and sending out winner notifications in error.

While Sedo takes steps to ensure the stability and security of our services, the crash that occurred could not have been predicted given traffic spikes more than ten times higher than anticipated by previous high-traffic auctions. Decisions were made with the intention of protecting all parties involved, but as we have learned from investigating the crash more carefully since December 5th, the auction was compromised and as such, DotMobi has exercised its right to declare the auction results void and will conduct a new auction at Sedo.com beginning on January 23rd, 2008. Sedo will be contacting everyone who participated in the auction to inform them of this decision.

Sedo apologizes for any delays responding to user concerns about the close of the auction, but a thorough investigation was necessary to determine what exactly occurred when the servers failed. As the world’s largest marketplace for buying and selling domain names, we take great pride at Sedo in our efforts to ensure the operation and security of our marketplace at all times. While this crash has forced us to reconsider the maximum levels of traffic our site may receive at any given time, we can ensure all of our users that steps are being actively taken to strengthen our protective measures to ensure any auction—whether one domain or special auction event such as .MOBI—run smoothly and close without any of the problems we experienced on December 5th.

Thank you for your understanding and best wishes from Sedo during this holiday season!"

Thanks,
Monica

 

[u8l2]

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/Auction+End+User+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).
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

 

[DomainTalker]

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)

.

 

[TheBaldOne]

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!

 

[u8l2]

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!

I agree alot of points that dont have teeth and wouldnt stand a chance in a court of law. #16 is cause for concern is it not?

 

[TheBaldOne]

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.

 

[u8l2]

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.

Yes i agree, It can be written in any contract that this contract is null and void if we choose. Doesnt mean a thing! A contract is a contract. The auction did close the 2nd time. Everyone was notified of this including myself, and there were no server problems at that time. No mistake about that. I've gotten the same confirmation many times before from sedo. Do you believe the people that won there names and have paid for them have an excellent case that can be won, has opposed to the people that havent paid for there names thus not completing there end of the contract?

 

[Dave_Z]

Now they will have to prove this in court.

If the complainant doesn't prove their claims, the respondent doesn't have to
prove anything.

Mods, kindly merge the thread below with this one here:

http://www.namepros.com/industry-news/408026-sedo-will-re-run-third-mobi.html

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.

 

[Napkin.com]

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...

 

[Mobi Cheap]

I wouldn't bet against some form of compensation for expenses, there were reportedly people who hired developers as well.

 

[Carlton]

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).

This was my initial conclusion too.

... however sedo didnt do the right thing re-starting the auction just few minutes after the crash...

Agree here. I think the best future strategy would be to cancel, or suspend (as Bald points out), the auction if technical problems occur. And to restart the auction after due notice has been distributed to participants.

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.

 

[Mobi Cheap]

This was my initial conclusion too.

Agree here. I think the best future strategy would be to cancel, or suspend (as Bald points out), the auction if technical problems occur. And to restart the auction after due notice has been distributed to participants.

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.

Agreed.

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.
:imho:

 

[Carlton]

... just need to stagger all premium auctions several hours apart. :imho:

That's an even better idea. That way bidders' attention isn't split between several names running (or closing) at the same time.

 

[Pred]

Agreed.

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.
:imho:

well, we have been saying this since the first one.
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.
they cannot have same format :imho:
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

 

[TheBaldOne]

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).

 

[Dave_Z]

Already today I woke up and turned on the computer to messages that now an injunction will be sought stopping the third auction.

Let's not be too hasty here. It's one thing being told an injunction is sought,
it's entirely another for such to be so ordered.

The judge will be the judge of that, and we'll know soon enough.

 

[TheBaldOne]

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?

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.

 

[italiandragon]

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.

 

[onassis]

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.

 

[-REECE-]

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 :D

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.

 

[quasar1138]

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.

 

[GetSmarrt]

Lol!

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...

Hilarious! And so true . . .

Thanks for the great commentary on this. I'm just a newbie learning like crazy from all the pros at NP. Thanks!

 

[Keith]

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.

I think prices will go higher this time around. There has been loads of attention surrounding this whole ordeal which will draw potential bidders.

One thing is for sure...I can't wait until this auction gets going!

 

[mobidick]

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.

The problem for winners of any supposed third auction is that they risk having the names taken from them at any point!

Perhaps a modified reauction would resolve this by only allowing the winners of round 1 and round 2 to attend the reauction, subject of course to signing off any future legal claims to the name.

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?

 

[dalem]

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.

 

[Napkin.com]

can someone email me or
link me (or PM ME)

the auction terms and conditions or
"fine print"
for sedo auctions?

Thanks
aron