LegitScript and Name.com holding domains hostage

[Rob Monster]

When it comes to resolving disputes between industry participants, I am a pragmatist. I will always seek an amicable resolution to a conflict before calling out industry thuggery.

In this particular case, I take issue with how a client's domain is being handled -- a domain quarantine without due process. The domain is called:

NeuroNootropic.com

This is a generic term, not a brand name. It describes a class of supplements used for cognitive performance. I am not going defend the efficacy of the therapeutic. I am only clarifying that we are not talking about a brand.

The domain was held at Name.com. Legitscript took the liberty of having the domain suspended. Most registrars comply with Legitscript takedown requests without question let alone a court order.

In this particular case, the registrant would like to move their domain. It is not remotely expired, but it has a registrar-hold on it. As such, the registrant is being denied the opportunity to move it.

The domain owner, Mohammad, has worked diligently with his registrar, Name.com, to get the "client-hold" lifted so that he can use the domain. He was getting nowhere and reached out to me for assistance.

Over the past week, I appealed on 2 occasions to senior personnel at Name.com. I also did give them fair warning that if they could not resolve the matter, that it would be outed for public discussion on NamePros.

The issue here is Due Process. The registrant is not being presented with a framework that governs why his domain was taken away, and is not provided with a way to remediate. This is thuggery.

For those not aware, I have called out Legitscript before for thuggery.

 

[NootNoot]

I'm the owner of NeuroNootropic.com. My domain was shut down without any warning whatsoever. Name.com emailed me saying they received a complaint from LegitScript and that my domain was selling prescription drugs, a false allegation. When I inquired about this LegitScript changed the wording to "facilitating the sale of prescription medication".

Name.com made it clear in their email that my domain was not going to be returned to me unless LegitScript okays it. And that name.com is not in a position to verify the allegations made by LegitScript so I would have to appeal the complaint with LegitScript themselves.

I contacted LegitScript about this. They were never clear about which content on my site was designated as they call it, 'rogue'. I had to infer from their vague emails that it was one of my pages that was at fault here.
One page from an entire website. It simply listed vendors that sell the nootropic called modafinil and nothing more. I had affiliate links on that page.

Modafinil is a prescription drug in the US but it's not a prescription drug in many other countries. Regardless, as an affiliate I was not responsible for which countries the vendor chose to ship to. That is under the vendor's discretion, not mine.

However, LegitScript did not agree with this and treated me like I was the vendor. They demanded pharmacy licenses from me. Even when I offered to remove the content they still demanded pharmacy licenses. This is obviously an impossible request to fulfill and they know it.

I wanted to comply with LegitScript's demands but they refused and were completely uncooperative.

So because of one page on my site the entire domain got shut down. How is this fair? There's absolutely no way for me to appeal nor remediate this situation.

Also, I don't understand how name.com can deny my transfer request. ICANN's transfer policy, under sections 3.7 and 3.8, states that there are only a few conditions under which a registrar may deny or must deny a request, none of which apply to my domain.

 

[Name Trader]

Have you complained to ICANN? What did they say?

 

[NootNoot]

Yes, I've submitted a transfer complaint using their form. They emailed me back a week ago saying that name.com informed them they will lift the hold on the domain once they have verified that the domain name is no longer being listed as a rogue pharmacy by LegitScript.

This was my entire complaint when I first submitted the form. That name.com is holding the domain hostage until LegitScript releases it. It's like ICANN didn't even read my message. I also explained the situation again in my second email when they requested evidence that I communicated with name.com regarding the transfer request.

It's like they didn't read my message.

Anyway, I replied a few days ago reminding ICANN of their transfer policy.

Not sure what else I can do. Is there any hope I can get my domain back? I've had this domain since 2012.

 

[CJ6]

I saw an article on this yesterday... godaddy shutting down subdomains which were stolen. I couldn't find the exact article, but here's a version. https://www.zdnet.com/article/godaddy-takes-down-15000-subdomains-used-for-online-scams/
Essentially, the username & password would be taken and a subdomain made. That subdomain would sell prescription drugs or other paraphernalia. Do you think this could be the start of this problem?
Why the subdomain, you ask? They would leave the regular domain alone so that the owner wouldn't know that they have been compromised.

Good luck. You did the smart thing asking Rob for help.

 

[offthehandle]

Well Rob, you bring some interesting topics here, which I mostly agree. So I dug around this past hour.

Since the US considers it a class IV drug like Versed or Xanax. Right or wrong, it's the law.

To me, as an example that's like if someone has website hosted in the states and telling people about Benzodiazapines and having one page linking to affiliates selling Xanax to be shipped into the US. Or Euthanasia drugs. It's shaky ground, illegal some places and not others.

I assume the registrant knew that too they were walking a fine line, and as I can see it was hosted by DigitalOcean, in their US data centers. It was deleted in April 2019.

I guess you know that the .org is operational, and on the forum lower right corner, had a “where to buy” link disabled. But I went to the main .org site and found these active "Awesome links" to buy it.
Where To Buy Modafinil Online Safely – 4 Awesome Suppliers

https://www.neuronootropic.org/where-to-buy-modafinil/


https://www.neuronootropic.org/where-to-buy-modafinil/#Legal
Here is what the .org site states, about how you can go about breaking the US law :

“Regardless, in the United States, Australia, and the United Kingdom, modafinil requires a prescription for use. But this doesn’t mean that it will be guaranteed to be seized by customs after importing it. A lot of users have had no trouble importing modafinil into the US, UK, or even Australia.”

Funny it's common and in Coffee and Red Bull Energy drinks ( probably Monster Energy drink?, Rob, don't you wish you owned that franchise?)

Good luck. When/If you get the name back, host it somewhere it's legal and IP block all countries where it is illegal, otherwise it could be worse, imagine the DEA showing up at your door over such nonsense.

btw: diazepam.com is registered by Roche/Genentech.

 

[NootNoot]

Well Rob, you bring some interesting topics here, which I mostly agree. So I dug around this past hour.

Since the US considers it a class IV drug like Versed or Xanax. Right or wrong, it's the law.

To me, as an example that's like if someone has website hosted in the states and telling people about Benzodiazapines and having one page linking to affiliates selling Xanax to be shipped into the US. Or Euthanasia drugs. It's shaky ground, illegal some places and not others.

I assume the registrant knew that too they were walking a fine line, and as I can see it was hosted by DigitalOcean, in their US data centers. It was deleted in April 2019.

I guess you know that the .org is operational, and on the forum lower right corner, had a “where to buy” link disabled. But I went to the main .org site and found these active "Awesome links" to buy it.
Where To Buy Modafinil Online Safely – 4 Awesome Suppliers

Here is what the .org site states, about how you can go about breaking the US law :

“Regardless, in the United States, Australia, and the United Kingdom, modafinil requires a prescription for use. But this doesn’t mean that it will be guaranteed to be seized by customs after importing it. A lot of users have had no trouble importing modafinil into the US, UK, or even Australia.”

Funny it's common and in Coffee and Red Bull Energy drinks ( probably Monster Energy drink?, Rob, don't you wish you owned that franchise?)

Good luck. When/If you get the name back, host it somewhere it's legal and IP block all countries where it is illegal, otherwise it could be worse, imagine the DEA showing up at your door over such nonsense.

btw: diazepam.com is registered by Roche/Genentech.

Those links are for adrafinil, a pro-drug for modafinil, which is unscheduled and perfectly legal. So not sure why you decided to post this nor what you're getting at. I already removed the original modafinil vendors when the .com domain was shut down by LegitScript.

And for the record, no, I did not know that I was walking a fine line by linking to the vendors. What countries they choose to ship to is entirely at their discretion and responsibility. Being an affiliate is not the same as being the vendor themselves.

Regardless, let's not derail this thread. The entire issue here is that there is no due process. Had LegitScript given me a warning about the modafinil vendors I would have happily removed them with no problem. But they didn't. My site got shut down without any warning whatsoever. And without any way to appeal it.

 

[offthehandle]

@Rob Monster I think you opened up a can of worms here. The affiliates were shut down evidently- at least 2 I read. So this isn't an exactly legal business, did you dig into this before posting. I had no idea what you were talking about but have enjoyed learning more about a new subject- designer drugs/bio hacker stuff. Gab and Alex Jones don't physically harm anybody, but do you want to be associated with this sort of thing?

Those links are for adrafinil, a pro-drug for modafinil,

"Those links"- What links? Doesn't matter really though. Unscheduled, means its a bio hack, right? It causes liver damage too from reading more, so does drinking too much.

So not sure why you decided to post this nor what you're getting at.

This is an open forum for domainers not designer drug pushers whining that your cash cow has been closed down or advocating or assisting in the promoting of marginal drugs.

All these cloned designer drugs, substitutes, and enhancers are untested, skirt laws on purpose to escape regulation and game the system. Sure, fine for those who want to do them and fry their brains as long as these idiots are of the age where they can do so per local law- there are reasons for laws. "Ignorance of the law is no excuse" is no excuse.

Here is some dufus using this stuff.
https://medium.com/@jonathanroseland/adrafinil-vs-modafinil-22420a4eb993

"However, I’d be irresponsible here if I failed to mention that long term Adrafinil use causes liver damage, the primary reason I believe that it never got approved as a pharmaceutical drug and they had to invent Modafinil."

Regardless, let's not derail this thread. The entire issue here is that there is no due process.

I see you want to claim to be the victim, what about people who bought this stuff and got sick? Or messed up their health? You are expecting due process as website for biohacker people? or drug promoters or dealers- sorry. How much money did you make off the affiliates? Maybe after the feds investigate you and when a lawyer sends you discovery you will have to answer that question. It must have been enough that you would waste your time like this on posting website with potentially illegal subject matter, and how to- advice.

https://web.archive.org/web/20160313212356/http://www.neuronootropic.com/where-to-buy-modafinil/

All your affiliates did they go to the dark web now?

https://modafinil.org/modup/

"Like many others in the online modafinil space, they don’t offer much clarity into what the company philosophy is, where they are located, or who is running the company.

Many people are skeptical about the faceless company at first, but after several years of operation, and plenty of positive reviews by the nootropics community, they’ve become one of the most well-known modafinil resellers in the world."

Reddit communities and online reviewers reported that their website was operating out of the United States, but was registered to an address in the Philippines.

We’re still unsure of the exact location the website operates from.

https://www.powdercity.com/ is one of your affiliates. Did they get shut down too?

From bulk powder to where to order
As many of you may know, we at Powder City used to be one of the largest bulk powder suppliers in the USA; supplying over 250 thousand customers world-wide since July 2014.


As one of the world leader in bulk supplements aimed at the Nootropic and gym enthusiasts, we’ve listened intently to customer feedback and learned many valuable lessons.

Now, after some time away, we would like to give back to the community by informing rather than supplying.

 

[NootNoot]

I'll kindly ask you to not derail my thread, please. Seems you have a grudge against nootropics and are confusing nootropics with snake-oil. Just for your information, nootropics can be both synthetic as well as natural. Caffeine is an example of being both.

Nootropics are perfectly legal. Adrafinil is perfectly legal. The only problem was the modafinil, which falls under a grey-area. But definitely far from being 'drug promoting'. Nootropics pretty much fall in the same category as supplements, particularly pre-workouts. A lot of pre-workout formulas have nootropics in them, an example being agmatine.

Also, not sure why you're trying to make it sound like they're dangerous, but in any case my site does not sell them but merely presents scientific studies, general information, and where to buy them. And for the record, the information presented on NeuroNootropic is not medical advice, it is informational only.

 

[offthehandle]

https://io9.gizmodo.com/provigil-is-the-cocaine-of-the-twenty-first-century-372097

Provigil is the Cocaine of the Twenty-First Century

Provigil (AKA modafinil) has been called a wonder drug: it can keep you awake and alert for hours without side-effects, and it's even recommended as "the professor's little helper" by neuroscience researchers writing in the prestigious journal Nature. Provigil, approved by the US food and drug administration for the treatment of narcolepsy, is often prescribed "off label" for ailments like severe jet lag, ADHD, and even problems with sleep cycles. But this drug, which is supposed to be a non-addictive stimulant because it doesn't get you high, turns out to be potentially as euphoria-inducing and addictive as cocaine.

My 'smart drugs' nightmare

https://www.bbc.com/news/magazine-35091574

"As the time passed, I began to develop a very bad headache, I lost my appetite and I needed to use the bathroom - constantly. While my brain wasn't working any faster, my bladder certainly was.

That evening, I began to feel the effects of modafinil's "wakefulness promoting agent". When I tried to get to sleep, I found myself unable to switch off until the early hours of the morning.

I also found an itchy lump on the back of my leg - one on my arm appeared too the following day.

My experiences seemed a far cry from those of others. Jason Auld - an athlete and entrepreneur from Edinburgh - says he feels like he can achieve virtually anything on modafinil."

"Overall, the negative aspects of taking the drugs far outweighed the positives - which could have been for a number of reasons."


https://www.ashwoodrecovery.com/blog/modafinil-abuse-rethinking-use-of-smart-prescription-drugs/

A case published in the Journal of Pharmacology & Pharmacotherapeutics shows that, though it is rare, people can become physically dependent on modafinil. The patient, a 44-year-old man, reported that he started consuming more modafinil tablets to increase the effects derived from the drug. He did this in order to keep up with his shift work schedule and ultimately developed a dependence. He claimed to experience symptoms of worsening of lethargy, tremors of hands, anxiety and erratic sleep hours when he did not take modafinil in high doses.

In general, reasons for abusing prescription drugs can include:

• To get high or otherwise feel good
• To lower appetite
• Peer pressure to fit in or to be social
• To perform better in school or at work
• To be legal, since prescription drugs aren’t prohibited there is sometimes a false sense of security in using them versus a stimulant like cocaine
• To feed an addiction

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2696807/

"At clinically relevant doses, modafinil significantly increases dopamine in the human brain by blocking dopamine transporters. Modafinil’s binding to the dopamine transporter overlaps with the binding site of cocaine because [11C]cocaine binding in striatum was inhibited by modafinil. Along with the mounting evidence from the preclinical literature, this finding provides support for the role of dopamine in modafinil’s pharmacological actions in humans. Thus, the hypothesis of the nondopamine mechanism of action of modafinil needs to be reconsidered."

"CONCLUSION
In this pilot study, modafinil acutely increased dopamine levels and blocked dopamine transporters in the human brain. Because drugs that increase dopamine have the potential for abuse, and considering the increasing use of modafinil for multiple purposes, these results suggest that risk for addiction in vulnerable persons merits heightened awareness."

So were you registered with the DEA? It appears that you should be if you operate in the USA according to this DEA document. "Who engages in research or conducts instructional activities"- which you have admitted. And your website resides permanently on archive.

1999 was put into IV:
https://www.deadiversion.usdoj.gov/fed_regs/rules/1999/fr0127.htm

Based on these findings, the Deputy Administrator of the DEA concludes that modafinil, including its salts, isomers and salts of isomers, warrants control in Schedule IV of the CSA. In order to make modafinil pharmaceutical products available for medical use as soon as possible, the Schedule IV controls of modafinil will be effective January 27, 1999. In the event that the regulations impose special hardships on the registrants, the DEA will entertain any justified request for an extension of time to comply with the Schedule IV regulations regarding modafinil. The applicable regulations are as follows:-----

1. Registration. Any person who manufactures, distributes, dispenses, imports or exports modafinil or who engages in research or conducts instructional activities with modafinil, or who proposes to engage in such activities, must be registered to conduct such activities in accordance with Part 1301 of Title 21 of the Code of Federal Regulations.

2. Security. Modafinil must be manufactured, distributed and stored in accordance with Secs. 1301.71, 1301.72(b), (c), and (d), 1301.73, 1301.74, 1301.75 (b) and (c) and 1301.76 of Title 21 of the Code of Federal Regulations.

3. Labeling and Packaging. All labels on commercial containers of, and all labeling of, modafinil which is distributed shall comply with the requirements of Secs. 1302.03-1302.07 of Title 21 of the Code of Federal Regulations.

4. Inventory. Registrants possessing modafinil are required to take inventories pursuant to Secs. 1304.03, 1304.04 and 1304.11 of Title 21 of the Code of Federal Regulations.

5. Records. All registrants must keep records pursuant to Secs. 1304.03, 1304.04 and 1304.21-1304.23 of Title 21 of the Code of Federal Regulations.

6. Prescriptions. All prescriptions for modafinil are to be issued pursuant to Secs. 1306.03-1306.06 and 1306.21-1306.26 of Title 21 of the Code of Federal Regulations.

7. Importation and Exportation. All importation and exportation of modafinil shall be in compliance with Part 1312 of Title 21 of the Federal Code of Regulations.

8. Criminal Liability. Any activity with modafinil not authorized by, or in violation of, the CAS or the Controlled

 

[NootNoot]

All I'm going to say is that there's a thriving reddit community about nootropics. You are simply misinformed about them. And modafinil is highly unlikely to be addictive as cocaine, that is just sensationalism.

 

[Rob Monster]

Here is the issue:

From what I can see, Legitscript is judge, jury and executioner without bail and without parole. The process is opaque and unaccountable. If there is a report where due process was administered, Epik will enforce it. However, this is likely not the case here.

As for online pharmacies, I am not really a fan of the business model. That said, I am not sure it is better for people who need medications, and are uninsured, to be buying drugs on the street or from a guy in the basement of the library at a university (true story) rather than from an online business with a brand.

If an online pharmacy sells counterfeit goods, by all means, let the trespassed brand sue that entity into oblivion. The problem for registrars is that they are required to use discernment to protect all stakeholders, and that includes business owners.

I have consistently told Legitscript that if they wanted an online pharmacy shut down, apply due process and get a court order ruling that a particular domain at a particular registrar should be seized and/or should not be allowed to resolve. I have yet to see it happen.

So, what we are left with? Legitscript, substantially sponsored by big pharma, and big pharmacy, gets to decide which online pharmacy is allowed to stay in business. That seems like another link in the growing chain of medical tyranny.

In this particular case, Mohamad, the registrant, was not given a path to remediation. He simply lost the right to use the domain at all, rather than, for example, signing a document attesting that he understands THE LAW, and will operate within the bounds of THE LAW.

Just as I have zero tolerance for alt-right people who want to mete out extrajudicial justice, I have similarly zero tolerance for self-appointed censors and trade commissioners who through moral suasion and intimidation impose their will. It is thuggery and nobody should stand for it.

As for drugs, I have steered clear personally, and would advise others to do the same. However, the abuse of stimulants at exam time is rampant on college campuses. If you do a search for overdose on this particular class of drug, you find it is pretty darned hard to OD on it. Case in point:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2725258/

This thread is about domain registrar due process. A registrant entrusted a domain to an accredited registrar. The registrar bows down to the review of an outside agency called Legitscript. Nowhere on the Name.com site is Legitscript mentioned:

So, we have undisclosed counter-party risk mentioned nowhere in the Terms of Service, whereby a registrant can be impaired, economically or otherwise, without prior notice.

If a registrar decides they don't want to do business with Mohamad, that is their prerogative. However, that is not the case here. Mohamad's domain was quarantined, without warning, and without opportunity to remediate, nor the opportunity to go elsewhere.

The value of domains is a direct function of a registrant's right to use it. If the domain industry makes that right arbitrary, the asset is impaired. This is what nearly happened at Gab.com and I objected to that, just as I object to Mohamad having his domain stolen from him as that is what this is: theft.

 

[offthehandle]

Gab doesn't do anything illegal. Not sure what Alex Jones pills are that he sells as I don't pay attention to him.

I get the due process part, perhaps Noot wants to call up and register with the DEA to clear things up. Perhaps that might aid him in complying with the law and getting his domain back.

FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration,

Washington, DC 20537, Telephone: (202) 307-7183.

1999 like I mentioned above this was the law as schedule IV.

This is 20 years later. "Instructional Activities" need to be registered with the DEA, as I read this I posted above. Don't you?

So technically someone decided to enforce a law and seize the name. What about those suppliers who were shut down from selling but have information available, I posted above from his website? Their websites are up and running. Why are they picking on him? There must be more to this story. He might get a lawyer to claim selective prosecution, as those other sites exist.

If you violate the law like this (Not saying that it is, but appears so), your property can be seized like they do in drug busts. Then you need to go to court to prove you're innocence.

1. Registration. Any person who manufactures, distributes, dispenses, imports or exports modafinil or who engages in research or conducts instructional activities with modafinil, or who proposes to engage in such activities, must be registered to conduct such activities in accordance with Part 1301 of Title 21 of the Code of Federal Regulations.

 

[bmugford]

I don't know the specifics behind this case, but generally it is ridiculous that a third party for-profit company has this kind of power to take down a domain without due process or any real appeals process.

I mean where is their charter from exactly? Are they given this power by some court or law, or just because registrars blindly do what they want?

Brad

 

[Rob Monster]

Gab doesn't do anything illegal. Not sure what Alex Jones pills are that he sells as I don't pay attention to him.

I get the due process part, perhaps Noot wants to call up and register with the DEA to clear things up. Perhaps that might aid him in complying with the law and getting his domain back.

FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration,

Washington, DC 20537, Telephone: (202) 307-7183.

1999 like I mentioned above this was the law as schedule IV.

This is 20 years later. "Instructional Activities" need to be registered with the DEA, as I read this I posted above. Don't you?

So technically someone decided to enforce a law and seize the name. What about those suppliers who were shut down from selling but have information available, I posted above from his website? Their websites are up and running. Why are they picking on him? There must be more to this story. He might get a lawyer to claim selective prosecution, as those other sites exist.

If you violate the law like this, your property can be seized like they do in drug busts. Then you need to go to court to prove your innocent.

1. Registration. Any person who manufactures, distributes, dispenses, imports or exports modafinil or who engages in research or conducts instructional activities with modafinil, or who proposes to engage in such activities, must be registered to conduct such activities in accordance with Part 1301 of Title 21 of the Code of Federal Regulations.

Apparently we agree that there was no due process. That is my entire point.

If someone wants to seize someone's property, get a court order, and be prepared to be challenged through appeal after appeal, with damages accruing if extrajudicial justice was meted out wrongfully.

Legitscript is not the DOJ. It is a private entity with private sponsors. They tell registrars and registries what to do, and most of them bow down to them. It is bullshit, and the industry should not stand for it.

If a sheriff shows up at your house with a court order to vacate the premises, I am pretty sure you would comply with that action since no citation of castle doctrine is going to protect you.

On the other hand, if some private company showed up at your house and told you that you were not allowed to grow grass and needed to replace it with astroturf or lose your home, what would you do?

People are treating Legitscript like they are some authority. They are not. They are unaccountable thugs and should be ignored with impunity.

 

[Rob Monster]

Let me also reiterate that Name.com was given fair warning. They should have simply complied with my reasonable request on behalf of a registrant. Instead they ignored my very reasonable appeal as industry ombudsman, and now hundreds of people know that Name.com is complicit with thuggery. That's a pity.

 

[offthehandle]

I don't know the specifics behind this case, but generally it is ridiculous that a third party for-profit company has this kind of power to take down a domain without due process or any real appeals process.

I mean where is their charter from exactly? Are they given this power by some court or law, or just because registrars blindly do what they want?

Brad

Godaddy did it with Gab took them down and gave them only 24 hours to deal with it, and they didn't get due process, or did they? It's an independent for profit company they can do what they want- kick you off like Gab and you said it was ok there. You previously stated that companies can do what they want with their TOS.

https://www.namepros.com/threads/so...er-or-suspension.1107245/page-24#post-7170554

What is the difference? One site had words printed that a bunch of people don't agree with. The other site in this thread had affiliate links that were perhaps not within TOS of the Registrar. Maybe the DEA is involved.

Name.com TOS states- they can act simply on allegations:

"Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right."

 

[Rob Monster]

I don't know the specifics behind this case, but generally it is ridiculous that a third party for-profit company has this kind of power to take down a domain without due process or any real appeals process.

I mean where is their charter from exactly? Are they given this power by some court or law, or just because registrars blindly do what they want?

Brad

I don't always agree with Brad Mugford, but it seems we are in full agreement here. Apparently some folks were not aware that Legitscript is a for-profit lobbyist run by a bully.

Keep digging into it and you will be appalled:

https://www.techdirt.com/articles/2...t-must-be-taken-down-no-questions-asked.shtml

 

[offthehandle]

On the other hand, if some private company showed up at your house and told you that you were not allowed to grow grass and needed to replace it with astroturf or lose your home, what would you do?

Call my lawyer. That's what he should do. Good luck on getting back attorneys fees if judgement is made in favor of the Plaintiff. The question is this domain worth all the hassle?

Actually, in California homeowner neighborhoods have such inane rules on what color you can paint your house, what trees, bushes and grass you can plant, etc. So do Condo associations. You can be sued for non-compliance, sad but true. Probably same dumb regulations up there with you in Washington State now too.

 

[Rob Monster]

Call my lawyer. That's what he should do. Good luck on getting back attorneys fees if judgement is made in favor of the Plaintiff. The question is this domain worth all the hassle?

Actually, in California homeowner neighborhoods have such inane rules on what color you can paint your house, what trees, bushes and grass you can plant, etc. So do Condo associations. You can be sued for non-compliance, sad but true. Probably same dumb regulations up there with you in Washington State now too.

There is a big difference in your example. If you buy a home that is governed by a Homeowners Association (HOA) you agree to the covenants and the governance. It is transparently disclosed as a condition of home ownership. Your example is interesting but a Non Sequitur.

 

[offthehandle]

If someone wants to seize someone's property, get a court order, and be prepared to be challenged through appeal after appeal, with damages accruing if extrajudicial justice was meted out wrongfully.

Legitscript is not the DOJ. It is a private entity with private sponsors. They tell registrars and registries what to do, and most of them bow down to them. It is bullsh*t, and the industry should not stand for it.

I don't disagree that some confiscation process should be standard with all domain registrars. ICANN is all bureaucracy, Reminds me of dealing with Gov't FAR's and Contracts.

All "Non-Profits" NGO's stick their neck into other peoples business all the time- doesn't make it right and unless you need to spend money, you take your lumps and don't produce more negative energy. Look at what the SPLC and ACLU costs tax payers each year filing lawsuits. Look how "unaccountable thugs" that Huffington Post were with you and GAB, and the SPLC. Life isn't fair.

It is transparently disclosed as a condition of home ownership.

The Registrant evidently violated something, I repeat this from above:
(iv) allegations of illegal conduct

 

[Rob Monster]

I don't disagree that some confiscation process should be standard with all domain registrars. ICANN is all bureaucracy, Reminds me of dealing with Gov't FAR's and Contracts.

All "Non-Profits" NGO's stick their neck into other peoples business all the time- doesn't make it right and unless you need to spend money, you take your lumps and don't produce more negative energy. Look at what the SPLC and ACLU costs tax payers each year filing lawsuits. Look how "unaccountable thugs" that Huffington Post were with you and GAB, and the SPLC. Life isn't fair.



The Registrant evidently violated something, I repeat this from above:
(iv) allegations of illegal conduct

It actually is fair. Why? Because the universe has rules, just as nations have laws.

Sure, look at the SPLC, with their nonsense hit job. They are now in disarray, buried in lawsuits because they overreached, lost all credibility, and will squander their vast endowment on settling avoidable lawsuits caused by blatant defamation. HuffPo will get theirs too, as will Vice.com, etc. The damages are tallying.

As they say, Karma's a bitch. Legitscript should be sued into oblivion for tortious interference by every online pharmacy who was economically harmed without due process.

 

[offthehandle]

I guess this is no surprise, i see you have been involved before with them. They have offices near you, have you paid them a visit?

https://www.legitscript.com/blog/2014/10/fake-drugs-falsified-whois-udrps/

"This information was found on multiple domain names, not just those that contain “provigil.” For example, if you look at the historic WHOIS information for codeine-tablets.com, that’s the registration information you’ll see. Some of these domain names were designated by LegitScript as rogue Internet pharmacies (and several were shut down) for selling prescription drugs without requiring a prescription. "

https://en.wikipedia.org/wiki/LegitScript#Domain_name_registrars

As of early 2013, several domain name registrars explicitly state in their terms of services that they suspend and lock domain names identified as rogue Internet pharmacies by LegitScript, and outsource their abuse point-of-contact on Internet pharmacy issues to LegitScript.

https://www.legitscript.com/the-legitscript-story/

November 2009
GoDaddy begins suspending rogue internet pharmacy domain names based on LegitScript abuse notifications.

September 2010
LegitScript awarded multi-million dollar contract from US Food and Drug Administration to monitor internet for illegal online pharmacies.

I guess you know you are a "Rogue". lol.

https://www.legitscript.com/blog/2017/10/the-whos-who-of-rogue-registrars/

"These safe-haven registrars are the same that refuse to respond to our abuse notifications. Unlike the vast majority of the industry (and contrary to ICANN’s specific guidance), these registrars incorrectly state that a court order is necessary to take action against the registrant of a domain name used as a rogue internet pharmacy. With great power comes great responsibility, and it’s a mystery why doing the right thing and acting in the best interest of the public should require a judicial order, especially in the age of information where word can travel both quickly and globally."

Of these noncompliant registrars, here are five that earned a spot on our “who’s who” list.

#4: Epik, Inc.

Epik is a noncompliant registrar based in Seattle, Washington. Epik’s CEO, Rob Monster, refuses to take action against rogue internet pharmacies without a court order. Epik’s portfolio consists of a few hundred rogue pharmacies affiliated with RxProfits - DirectNet Partners (also known as OnlinePayMaster). In fact, many of the rogue internet pharmacies affiliated with this network that were included in an abuse notification to Rebel Ltd. in October 2016 transferred to Epik shortly before the complaint was closed. The majority of these websites are still online and actively selling prescription medications today.

 

[Rob Monster]

I guess this is no surprise, i see you have been involved before with them. They have offices near you, have you paid them a visit?

https://www.legitscript.com/blog/2014/10/fake-drugs-falsified-whois-udrps/

"This information was found on multiple domain names, not just those that contain “provigil.” For example, if you look at the historic WHOIS information for codeine-tablets.com, that’s the registration information you’ll see. Some of these domain names were designated by LegitScript as rogue Internet pharmacies (and several were shut down) for selling prescription drugs without requiring a prescription. "

https://en.wikipedia.org/wiki/LegitScript#Domain_name_registrars

As of early 2013, several domain name registrars explicitly state in their terms of services that they suspend and lock domain names identified as rogue Internet pharmacies by LegitScript, and outsource their abuse point-of-contact on Internet pharmacy issues to LegitScript.

https://www.legitscript.com/the-legitscript-story/

November 2009
GoDaddy begins suspending rogue internet pharmacy domain names based on LegitScript abuse notifications.

September 2010
LegitScript awarded multi-million dollar contract from US Food and Drug Administration to monitor internet for illegal online pharmacies.

I guess you know you are a "Rogue". lol.

https://www.legitscript.com/blog/2017/10/the-whos-who-of-rogue-registrars/

"These safe-haven registrars are the same that refuse to respond to our abuse notifications. Unlike the vast majority of the industry (and contrary to ICANN’s specific guidance), these registrars incorrectly state that a court order is necessary to take action against the registrant of a domain name used as a rogue internet pharmacy. With great power comes great responsibility, and it’s a mystery why doing the right thing and acting in the best interest of the public should require a judicial order, especially in the age of information where word can travel both quickly and globally."

Of these noncompliant registrars, here are five that earned a spot on our “who’s who” list.

#4: Epik, Inc.

Epik is a noncompliant registrar based in Seattle, Washington. Epik’s CEO, Rob Monster, refuses to take action against rogue internet pharmacies without a court order. Epik’s portfolio consists of a few hundred rogue pharmacies affiliated with RxProfits - DirectNet Partners (also known as OnlinePayMaster). In fact, many of the rogue internet pharmacies affiliated with this network that were included in an abuse notification to Rebel Ltd. in October 2016 transferred to Epik shortly before the complaint was closed. The majority of these websites are still online and actively selling prescription medications today.

Yes, we have dealt with them, and I believe did so fairly and responsibly. They have yet to produce a court order from a competent court, or any court for that matter. Their tactic is moral suasion, e.g. putting us on a list as if we are intentionally enabling criminality.

As for their reference to Epik as having a "portfolio", this is actually defamatory. We don't own these domains. They are client domains. I very much doubt that any of our clients are major players in this space. If they became major it is only because other registrars wiped out their competition. True story.

On the other hand, if someone is blatantly violating a trademark, we will not protect them. In fact, I have generally advised registrants to just hand the domain over to the obvious trademark owner in response to a formal complaint.

 

[NootNoot]

I'd just like to add that LegitScript's own definition of a rogue pharmacy doesn't apply to my site:

Definition of a Rogue Internet Pharmacy

An Internet pharmacy is rogue if it qualifies as unapproved and:

The sale, prescribing or dispensing of prescription or other drugs reasonably appears to intentionally or knowingly violate, facilitate the violation of, or offer to facilitate the violation of applicable laws or regulations, defined as the laws and regulations where the drugs are dispensed from or where they are offered to be shipped to;

Does not adhere to accepted standards of medical and/or pharmacy practice, including standards of safety; and/or

Engages in fraudulent or deceptive business practices.

If you search for my domain on LegitScript's website you'll see the above written.

There was absolutely no sale, nor prescribing, nor any dispensing happening on neuronootropic.com. So this allegation is false.