.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

 

[TheBaldOne]

Here is a copy of the Sedo/mTLD end user agreement (sorry, yes it is very boring as most contracts are):

..................................

US1DOCS 6357275v1
dotMobi Auction Agreement
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.
This dotMobi Auction Agreement (“Auction Agreement”) is by and between mobile Top
Level Domain Ltd (“mTLD”) and you, your heirs, agents, successors, and assigns
(collectively “You”). This Auction Agreement sets forth the terms and conditions applicable
to your participation in the auction of Authorization Codes required as a precondition to
registration of certain .mobi domain names (the “Auction). This Auction Agreement is in
addition to, and not in place of, any other agreements or understandings of any kind
relating to the Auction and use of an Authorization Code between You and the Event
Organizer, the Auction Manager, the Escrow Agent, any Registrar, or any other third party.
In the event of a conflict between the terms of this Auction Agreement and any such
agreement relating to your participation in the Auction or use of an Authorization Code, the
terms of this Auction Agreement shall prevail.
By registering for and participating in the Auction, You acknowledge that you have read,
agree with, and accept all of the terms and conditions contained in this Auction Agreement.
This Auction Agreement is effective upon your registration for the Auction (the “Effective
Date”) and may be changed from time to time in the manner set forth below.
For purposes of this Auction Agreement:
“Auction Manager” means the third party managing the Domain Auction.
US1DOCS 6357275v1
“Authorization Code” means the unique code issued by mTLD to a winning Participant,
possession of which is necessary but not sufficient to Register a specified Domain Name.
“Domain Name” means a .mobi domain name for which an Authorization Code is required.
“dotMobi Site” means the web site operated by mTLD with the URL address:
[http://dotmobi.mobi].
“Escrow Agent” means the service selected by the Auction Manager to receive funds from
You in the event you are the winning bidder for an Authorization Code in the Auction, to
notify mTLD that such funds have been received, and to release such funds to mTLD upon
confirmation that mTLD has released the Authorization Code to You.
“Event Organizer” means the entity organizing the Auction;
“ICANN” means the Internet Corporation for Assigned Names and Numbers;
“Participant” means a participant eligible to participate in the Auction subject to paragraph 1
below;
“Registrant” means the applicant for, and on registration the holder of, a Domain Name.
“Registrar” means any entity authorized by ICANN and mTLD to provide registration
services for the .mobi top level domain.
“Registration” means the subsequent registration of a Domain Name through a dotMobiaccredited
Registrar by a Participant holding an Authorization Code.
“Standard Registrant Obligations” means the terms and conditions applicable to any
Registrant including, without limitation, those set forth in (a) the end-user agreement with the
Registrar of Your choice (the “End-User Registration Agreement”); (b) the .mobi required
“Registrant Agreement” provisions as posted from time to time on the dotMobi Site at
http://mtld.mobi/domain/registrars/become; (c) all standards, policies, procedures and
practices specified by mTLD including without limitation those set forth in the latest
US1DOCS 6357275v1
dotMobi Switch On! Guide [http://pc.mtld.mobi/mobilenet/dotmobi_guides.html ] (the “Style
Guide”); and (d) all applicable policies promulgated by ICANN, including ICANN’s
Uniform Domain Dispute Resolution Policy (“UDRP”) and the obligation to provide accurate
and complete Whois information.
“Registry Operator” or “Registry” means mTLD.
1. Eligible Auction Participants
Participation in the Auction is restricted to persons who can form legally binding contracts
under applicable law. Without limiting the foregoing, an eligible Participant must be at least
18 years old and meet any terms, conditions, and/or eligibility criteria established by mTLD,
the Event Organizer and/or the Auction Manager.
By participating in the Auction You represent and warrant that: (a) You are an eligible
Participant as described above and (b) You have provided current, accurate and complete
information in connection with your registration for and participation in the Auction.
2. Termination or Modification of Auction Agreement
mTLD, in its sole discretion, may terminate this Auction Agreement at any time with or
without notice to You. Without limiting the foregoing, mTLD may terminate this Auction
Agreement if it determines in its sole discretion that You have acted inconsistently with the
obligations or the spirit of this Auction Agreement, if You are ineligible to participate in the
Auction, or if any information that You have provided to mTLD, the Event Organizer, the
Auction Manager, and/or a Registrar is found in mTLD’s sole discretion to be false or
unverifiable.
mTLD, in its sole discretion, may amend this Auction Agreement at any time by posting the
amended terms on the dotMobi Site. You expressly agree to be bound by the Auction
Agreement in effect at the time of your participation in the Auction. It is your responsibility
to review the dotMobi Site, including the Auction Agreement posted on that Site, for any
modifications or amendments.
US1DOCS 6357275v1
3. Revocation of Authorization Code
If You violate the terms described herein, mTLD may, in its sole discretion, with or without
notice, revoke any Authorization Code for which You are the winning bidder.
4. Fees
mTLD does not charge a fee for participation in the Auction. However, participation may be
subject to fees charged by other entities, including an attendance fee charged by the Event
Organizer and/or the Auction Manager. Under no circumstances shall mTLD be responsible
for return or refund of such fees, if any.
5. Bids and Conduct of Auction
A bid made by a Participant is a binding offer to purchase the Authorization Code at the
stated bid price. The Auction shall be conducted by the Auction Manager in accordance with
terms and conditions determined by the Auction Manager. In the event of any dispute
between bidders with respect to the conduct of the Auction, the Auction Manager shall have
sole and final discretion to determine the winning bidder. Subject to the terms and conditions
set forth in this Auction Agreement, including all documents incorporated herein, the
winning bidder shall be obligated to complete the transaction and to pay the amount of the
winning bid as provided in Paragraph 7 below.
mTLD reserves the right in its sole discretion to reject a bid from any Participant for any
reason.
6. Payment and Escrow Service
Payment of amounts due for winning bids following completion of the Auction shall be made
to the Escrow Agent in accordance with the terms and conditions specified by the Auction
Manager and the Escrow Service. Once the Escrow Service confirms receipt of the full
payment amount, mTLD will release the Authorization Code to the winning bidder.
Failure to remit payment in full in accordance with the above terms shall be deemed a
US1DOCS 6357275v1
material breach of this Auction Agreement.
7. Use of Authorization Code
Purchase of an Authorization Code does not constitute Registration of a Domain Name, nor
does it assure that you are qualified to Register said Domain Name. It is your responsibility
to ensure that You meet any and all requirements for Registration of a Domain Name.
Subject to the terms and conditions set forth in this Auction Agreement, upon receipt of an
Authorization Code, You may use that Authorization Code to Register the Domain Name,
using a Registrar of Your choice. The Authorization Code will remain valid for a period of 1
year, and will automatically renew at the end of the year, and on an annual basis thereafter,
subject to Your (a) continued eligibility to Register the Domain Name and operate a website;
(b) Your continued fulfillment of and compliance with this Agreement, all Standard
Registration Obligations, and the Participant Commitments listed in Section 8, below; and (c)
Your compliance with any policies, procedures, or rules issued by Your Registrar.
8. Participant Commitments
If You are the winning bidder for an Authorization Code, You agree to use that code to
Register the Domain Name and launch a dotMobi-compliant website (the “Website”) using
the Domain Name with the URL address [www.<Domain Name>.mobi] within ten (10) days
of the transfer of the Authorization Code by mTLD. The Website may initially consist of a
dotMobi-compliant parking page; provided, however, that You agree to:
• Use Your best efforts to create, launch, and operate a live website related to and primarily
containing content relevant to the commonly held and widely shared understanding of the
meaning of the Domain Name to replace the parking page within six (6) months of the
transfer of the Authorization Code by mTLD.
• Achieve and maintain a mobile readiness score of at least 4, as measured by the
ready.mobi test then available at http://ready.mobi/.
• Operate the Website in compliance with the dotMobi Domain Compliance Policy, when
and as available at http://mtld.mobi/domain/policies/compliance.
US1DOCS 6357275v1
• Comply with the .mobi Style Guide, as such Style Guide may be modified by mTLD in
accordance with published policies. You further consent to the monitoring of any such
website as described in that policy and the dotMobi Style Guide monitoring guidelines.
• Design and operate the Website to achieve mTLD’s stated goals of: (a) optimizing the
mobile experience by providing a predictable, consistent user experience; (b) providing
the mobile community with new features and services; and (c) strengthening user loyalty
and goodwill toward the .mobi top level domain.
• In the event of sale or transfer of the Domain Name to another party You agree to notify
mTLD and contractually require such party to be bound by the terms of this Agreement.
9. Rights to the Domain
Purchase of an Authorization Code does not constitute Registration of a Domain Name.
Registration of Domain Names are the result of, and are subject to, all of the conditions,
limitations, restrictions, obligations contained in the Standard Registrant Obligations.
Nothing in this Auction Agreement shall be construed to imply that the Participant possesses
any rights to a subsequently Registered Domain Name beyond those specified in the .mobi
Registrant Agreement provisions, the End-User Registration Agreement, and all applicable
ICANN policies.
10. Disclaimer of Warranties
WITH RESPECT TO THE SUBJECT MATTER HEREOF, mTLD EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
mTLD MAKES NO WARRANTY THAT THE GOODS AND
SERVICE(S) REFERENCED HEREIN, INCLUDING, WITHOUT LIMITATION, THE
AUCTION ITSELF, ANY AUTHORIZATION CODE FOR WHICH YOU ARE THE
WINNING BIDDER, AND/OR ANY ASSOCIATED DOMAIN, WHETHER OR NOT
YOU REGISTER SAID DOMAIN NAME, WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE(S) AND/OR ACCESS TO AND USE OF THE SERVICES WILL
US1DOCS 6357275v1
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES mTLD
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE GOODS OR SERVICE(S) OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ITS WEB SITE. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED
THROUGH THE USE OF OUR WEB SITE IS DONE AT YOUR SOLE DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM mTLD OR THROUGH ITS WEB SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE
ABOVE EXCLSIONS MAY NOT APPLY 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 (2)
against the possibility of objection to, or challenge of, the Registration or use of any Domain
Name using the Authorization Code for which You may be the winning bidder in the Domain
Auction. mTLD cannot and does not check to see whether the Domain Name associated with
the auctioned Authorization Code (or any use You make of such Domain Name) infringes the
legal rights of others. It is your responsibility to investigate whether a Domain Name
associated with the Authorization Code You win may infringe the legal rights of others. You
acknowledge and agree that You are exclusively liable for any such infringement.
12. Dispute Resolution
Any difference, controversy or claim (whether based on contract, tort, statute, or any other
legal basis) arising out of or relating to this Auction Agreement (including, without
US1DOCS 6357275v1
limitation, the formation, existence, validity, enforceability, performance, expiration, or
termination of this Auction Agreement or the arbitration provision herein) or the products
and services supplied by either party to this Auction Agreement and includes an application
for provisional or protective relief shall be finally, confidentially, and individually resolved
by arbitration by three (3) arbitrators in accordance with the Rules of Arbitration then in
effect of the International Court of Arbitration of the International Chamber of Commerce, or
its successor; provided that this Auction Agreement shall control if there is a conflict between
it and the Rules. The seat of the arbitration shall be Dublin, Ireland. The language of the
arbitration shall be English, and all documentation, testimony, or other materials submitted to
the arbitrators shall be in the English language.
13. Liability Disclaimer
IN NO EVENT SHALL mTLD BE LIABLE FOR ANY DIRECT, INDIRECT,
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).
US1DOCS 6357275v1
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 OR
LIMITATION OF CERTAIN TYPES OF LIABILITY, mTLD’S LIABILITY SHALL BE
LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
14. Indemnification
You shall release, defend, indemnify, and hold harmless to the maximum extent permitted by
law mTLD, and its directors, officers, employees, affiliates, contractors, and agents from and
against any and all claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or relating to participation in the Domain Auction,
Your use of an Authorization Code or a Domain Name subsequently Registered using such
code, any dispute concerning the Authorization Code, and the Domain Name associated with
such code. This indemnification obligation shall survive the termination or expiration of this
Auction Agreement and any agreements between You and Your Registrar. This
indemnification is in addition to any indemnification required under the UDRP and/or the
Standard Registration Obligations.
You also agree that if mTLD is notified that a complaint has been filed with a governmental,
administrative, or judicial body regarding an Authorization Code won by you in the Domain
Auction or a Domain Name subsequently Registered using such code, mTLD, in its sole
discretion, may take whatever action it deems necessary regarding further modification,
assignment of and/or control of the Authorization Code or associated Domain Name deemed
necessary to comply with the actions or requirements of the governmental, administrative, or
judicial body until such time as the dispute is settled. In this event, you agree to hold mTLD
harmless for any action taken by mTLD.
15. Compliance with Applicable Law
US1DOCS 6357275v1
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding
your participation in the Domain Auction.
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.
mTLD’s failure to exercise or enforce any right or provision of this Auction Agreement shall
not constitute a waiver of such right or provision unless acknowledged and agreed to by
mTLD in writing.
17. Severability
You agree that the terms of this Auction Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect.
18. Notices
You agree that all notices from mTLD to You concerning this Auction Agreement may be
posted on the dotMobi Site and will be deemed delivered upon posting.
Notices from you to mTLD shall be made to: __
[Premium Name Auction]
US1DOCS 6357275v1
dotMobi
11 Exchange Place
IFSC
Dublin 1
Ireland
General Inquiries:
Mail:
dotMobi
11 Exchange Place
IFSC
Dublin 1
Ireland
Telephone:
[00 353 1] 8541100
Facsimile
[00 353 1] 7918569
Email:
[email protected]
US1DOCS 6357275v1
i

.......................................

I have read it and nowhere does it give mTLD the right to void an auction when it has completed and contracts have been made.

Sedo and mTLD are going down fast!

 

[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