Class Action Lawsuit. I need your information

[Rederon]

This is for people who have had a domain stolen from you by Kenyatech / NOLDC / Domain Contender

I have been working on getting a class action lawsuit against these criminals. We are moving to the next step and as a result if you have been victimized by these criminals I need your information e-mailed to me ASAP at [email protected].

The information I need

Name
The stolen Domain
Date of the Theft
Copy of the e-mail where they tried to sell you back your property if you have it.


Once I know what the initial cost to start litigation is I will let you all know how much we need to collect

 

[stscac]

I hope you get many people, because you're going to need many to file such a suit.

-Steve

 

[Dave_Z]

The stolen Domain
Date of the Theft
Copy of the e-mail where they tried to sell you back your property if you have it.

That's assuming they indeed wrongfully accessed those domain accounts and
transferred them elsewhere. Because if those domains weren't renewed timely
and Kenyatech subsequently picked them up legitimately, then they're not
stolen.

But of course, you can see it differently. In which case, I wish you good luck.

 

[labrocca]

Calling them criminals is libelous I believe.

 

[jmweb]

these criminals.

Calling them criminals is libelous I believe.

Looks like you just created a potential law suit against yourself. Calling someone a criminal whom has not been convicted is in fact, illegal.



Your whole law suit could be reversed and charges held against you for such comments.

 

[JMJ]

Unfortunately with the rules as they are now you really don't have much ground to stand on. I feel your frustration but at the same time you did let the domain expire and they did have to pay Verisign for it the moment it expired. Only to be refunded once they deleted the name or paid back whenever you decided to get around to it. So in a sense the very moment you let it expire you gave up all rights to the name to them. The redemption period was originally put in place as an attempt to give some consideration to the accidental expiration and to allow the registrar more time to continue contacting the owner.

The registrars now see more profit in either the traffic or the secondary sales of the names as a much better return on their money than your few dollars. Until ICANN gets their heads out of their a$$es there's not much you or anyone can do about it. You could argue that they are warehousing names but they can argue that its a completely different company.

Godaddy is essentially doing the very same thing. If there wasn't a major loophole in the current registrar contracts I would imagine they wouldn't have risked all that they have to do it. If you want things to change your money is better spent on challenging ICANN's current policies rather than NOLDC because you're going to lose in the later of the two.

Some might like to believe that CLS will be the answer and the end of all of this but I think it will make things even worse. ICANN needs to strengthen the registrar agreements to protect the very people who it wishes will pay it's bills. It needs to force the registrars to live out the redemption periods and the names should have to be deleted after this time. Or better yet no redemtion period at all and the name gets deleted. This would eliminate the registrars excuse that they had to pay Verisign for the name so they essentially have the rights to the name.

Not CLS, not an auction pre or post deletion period unless it was a drop catcher that was the first to get the name. First come, first serve. It's the only fair way. CLS isn't the answer because this will continue. In fact this is what the registrars are hoping will happen and it's why they are beginning to warehouse LOTS of names. If it happens they hit the delete button and watch the bids roll in. If it doesn't they earn off of the parking and/or team up with one of the current auction services and hope for the best.

 

[Rederon]

Well

There's one flaw to the logic.

According to ACPA (Anti-Cybersquatting Consumer Protection Act) Regulations. What the NOLDC has done is cybersquatting and punishible by no less than $1000 per domain, and no more than $100,000 per domain.

Registering a name that is common law trademarked and asking a price above and beyond the normal operating costs is illegal, and the moment Kenyatech/NOLDC sent their request for exhorbant prices for a person's name, or long term handle in URL Form, they convicted themselves of a bad faith registration.

WIPO is crap as far as arbitration. Making it a Federal Case is the way to go.

Also I don't feel that it is libelous to call someone who asks $15,000 for a domain named after a murdered 16 month old, all that wrong. Oh that and the fact WIPO has nailed them on several occasions for Cybersquatting. Sure it's a misdemenor in world court, but hey, a crime is a crime, and a judgement against you is still a judgement against you.

 

[jberryhill]

Calling someone a criminal whom has not been convicted is in fact, illegal.

Well that's obviously not true.

If someone walks up to me on the street, points a gun at me, and takes my wallet, that person is a criminal, and I can sure call him one. That person is entitled to a fair trial before an impartial judge and jury, but anyone else can certainly call him a criminal. I mean, duh, the prosecution is going to call him a criminal before he is convicted.

What *might* provide a cause of civil action against you is (a) *falsely* calling someone a criminal and (b) injuring their reputation as a result. For example, if nobody likes JimBob in the first place, then you can do (a) as long as there is no (b). And if that person is a public figure, then you have to show that the accusation was motivated by actual malice.

For example, I believe George W. Bush is a criminal, and I have every reason and right to do so.

(of course, GW WAS actually convicted: http://www.thesmokinggun.com/archive/bushdmv1.html , just like his criminal daughters)

 

[ttu_soko]

^^^ New York Times v. Sullivan

 

[labrocca]

See now I see your point about squatting...but that's not a thief. You said they stole the domain which technically not correct. However you very well may be right about the squatting issue and I wish you luck in your endeavor.

 

[JMJ]

It's pretty obvious the name in which you are referring to is the .com of your blog. Don't get me wrong I do feel your pain because I too had a name "kept" by a registrar. In fact one of the top 5 registrars only they didn't even bother to try and sell it back to me they just plan on putting it up for bid I assume when that time comes.

But, I had to accept that "I" let the name expire so therefore "I" am resposible for my actions. They paid for out of their pocket to to keep the name after my term of ownership. Sure I could cry about it and try and blow a bunch of money fighting them over 1 name or I can focus my energy and funds it in the direction which brought us to this point. ICANN. They are the ones who are allowing this to happen.

 

[Keral_Patel]

I had once owned DOWNZINE.COM right now it is with kenyatech.

But I am in no mood to file a lawsuit bcause it was my mistake that I did'nt renewed it in timely manner.

 

[DN Tycoon]

Looks like you just created a potential law suit against yourself. Calling someone a criminal whom has not been convicted is in fact, illegal.

Calling someone a criminal is not illegal at least not in America. Although it would likely hurt the case in court if he was found slandering the person all over the internet without proof of his claims.

 

[jberryhill]

But I am in no mood to file a lawsuit bcause it was my mistake that I did'nt renewed it in timely manner.

Give the man a cigar. Domains can be registered for periods of up to ten years. Domains can be auto-renewed with valid credit card information.

Most of the major registrars' agreements now expressly provide for direct transfer without deletion from the registry after the registration contract term expires without renewal.

Is that what Rederon's beef is about?

 

[Amano]

as stated above, starting such rumors about someone can get you into trouble, it'd be wise to cease doing so. also, i wish you the best of luck if they in fact took the domain unlawfully

 

[Keral_Patel]

Give the man a cigar. Domains can be registered for periods of up to ten years. Domains can be auto-renewed with valid credit card information.

Most of the major registrars' agreements now expressly provide for direct transfer without deletion from the registry after the registration contract term expires without renewal.

Is that what Rederon's beef is about?

I don't want your cigar.

I am not a fool. I thought that this domain does not havee potential so i let it go. And knyatech thought that it had potential so they took it in. This is the story of 2001 when registrars where not so good as they are right now.

I was not with godaddy. I had my domain as an free addon for the hosting that i bought from the hosting company.

So please keep your cigar with you I don't smoke I only drink. And that also vodka nothing else.