.mobi Sedo .mobi Auction: Legal Suit Pending - ALL Original Winners - Join Us Now

[DomainTalker]

Ladies & Gentlemen…


A group of us have come to the conclusion that the only fair resolution for this matter, is for an impartial legal court to decide what is right and fair…And, so, we intend to file legal suit, very shortly, so that the matter can be resolved impartially


We believe its not only in the interests of individuals to have an impartial ruling on this - but that - in clearing up the uncertainty - we feel it is also in the best interests of the domain community to establish a clear precedent about online auction processes, in these kind of situations, for the future.


So...:


ALL ORIGINAL WINNERS FROM THE 1ST AUCTION (INCLUDING 2ND AUCTION WINNERS THAT ALSO WON NAMES IN THE 1ST AUCTION) – ARE INVITED TO JOIN OUR LAW SUIT - PLEASE CONTACT ME ASAP (by PM, or by email: [email protected])


We are a group of original winners (1st auction) that has secured the services of a top international lawyer - with domain law expertise - and, we have taken extensive legal advice on this matter. There have been extensive discussions with both Sedo & mTLD counsel in an attempt to settle this fairly, and amicably. Compromise proposals have been canvassed with mTLD - and rejected. Sedo/mTLD have changed their position on this several times (see below). The issues, and the legal position, are known.


THIS GROUP OF ORIGINAL WINNERS HAVE BEEN ADVISED THAT THE LEGAL CASE IN SUPPORT OF THEIR RIGHT TO THE DOMAIN NAMES IS VERY STRONG.


In our view, Sedo/mTLD have managed matters so poorly, that - on their latest position - there are (and will) be no fewer than three groups of people that could be said to believe that they have a rightful claim to the same domain names:

(a) The original auction winners

(b) The 2nd auction winners

(c) And, now (possibly) the’ re-run’ auction winners.


We say this is unsatisfactory - and unfair - to all concerned.


The facts (in outline) - not in dispute - are these:


Sedo/mTLD:


(i) Closed the 1st auction, accepted the highest bids for the 1st auction - and declared & confirmed, in writing, the highest bidders as the winners;

(ii) Then, after they had declared the 1st auctions closed, they declared an ‘extension’ of the 1st auction - some time later - and, re-opened the auctions they had already closed - and then proceeded to accept bids, during this ‘extended’ auction, for the same names - and, ultimately, declared & confirmed, in writing, a second group of highest bidders as winners, for these same names;

(iii) Then, they - days later - declared both auctions that they had previously - separately - declared valid, and binding - to be somehow now void


….Now, they say they will ‘re-run’ the auctions all over again, in January, 2008.


We believe that this state of affairs is not fair to ANY of these groups of people - And that the only really fair thing to do, would be to ask a court to decide the matter. This we intend to do.


We truly regret that it has come to this. We know many would prefer to just let it go - and, simply accept the latest of several different Sedo/mTLD 'decisions' on this, but we don't think that's fair.....As mentioned above, we have tried hard to resolve this amicably....But, we failed.....We believe its not only in the interests of individuals to have an impartial ruling on this - but that - in clearing up the uncertainty, its also is in the best interests of the domain community to establish a clear precedent about online auction processes, in these kind of situations, for the future.


We kindly ask that the domain community please respect our right to ask an impartial body (the court) to rule on this….We believe that - this way - is the only fair way a resolution can be found that we can all accept - whatever that decision maybe.



ALL ORIGINAL WINNERS FROM THE 1ST AUCTION (INCLUDING 2ND AUCTION WINNERS, THAT ALSO WON NAMES IN THE 1ST AUCTION) - THAT WOULD LIKE TO JOIN THIS SUIT - PLEASE CONTACT ME ASAP (either by PM, or by email: [email protected])


Thank you.

.

 

[connections]

Thing is how much money will this cost,

Whats the point spending 10k on legal fees if the domains I won are only worth 10k.

The chance SEDO will shell out top dollar for legal fees is also very high.

I would consider legal action if I was more financially stable, yet been a uni student and working part time, and been on 20 years old, legal action is out of my depth.

The outcome of this case could take years, last court case I was involved with took 2 years for a settlement to happen.

Also the thing I don't get is whats going to happen if new bidders on the 3rd auction win names, and then this court case is on going and there for new winners will then loose their domain names???? its one huge mess if you ask me.

 

[DomainTalker]

Whats the point spending 10k on legal fees if the domains I won are only worth 10k.

I understand...

These are Premium names...If you believe in .mobi, then you may take the view that the names will be worth a lot more in the future...

Sometimes we have to take a judgement...Our judgement is, its worth it.

its one huge mess if you ask me.

Yes, it is...a bloody mess.


We believe the ONLY fair way to resolve this is to ask an impartial court to weigh it all up - and, tell us what is right.

.

_____________________________________________

And by the by - in case anyone was wondering:


Will this hurt .mobi extension?


It does so happen that - this time - it happens to be a dispute involving the .mobi extension....But, it could just as well have been an eBay auction for valuable collector cars...

At heart, this is really a dispute about what is the right thing, in all online auction processes, when something goes wrong at the auction...


I believe people will see that noone's claiming there's anything wrong with .mobi in this dispute.....mobi, itself, imo, won't be damaged (in fact, a lot more people may well hear about .mobi, through the media reporting)....

But, people do see that there may well be something very wrong with the safety & certainty of online auctions (and, maybe, at least one of the prominent online auctioneers)....and they want it fixed up....People will see the difference between the two, imo.

We think its time that legal certainty was brought to the rights of bidders & sellers - and their exact - relationship with the auction house.


We also, want an impartial court to weigh up exactly who owns these domains, and rule on it.


Painful though it is, I'd like to think most people would be relieved to know an impartial answer - rather than just have to accept Sedo or mTLD's preferences on the matter.

.

 

[connections]

I think the right thing to do would be to totally cancel the 3rd .mobi auction and postpone it for say 1-2 years until all the legal mess is sorted out.

I would really feel bad for people who bid in the 3rd auction, then find out their domain will be taken away form them via a court injunction.

I can see this happening, but will SEDO and MTLD even care? I think they will not give a rats.

Good luck with your case,

ciao.

 

[TheBaldOne]

DT,

Although this situation was wholly expected it is with great regret that I see it come to this. Undoubtedly as I have pointed out in other threads Sedo/mTLD will lose such a law case, it may though even at this late hour persuad them that it is time to rethink their positioning on this matter, I hope so but doubt it.

To me, and remember that I am not a claimant, I was not involved in the auctions at all, this was simply a case of a wrong having been done and one that should be righted. I feel that Sedo by making statements like mTLD 'had the right to void the auction' shows a total and absolute disregard for the law, in fact it is in essence saying that Sedo and mTLD are above the law for when challenged on this point they have not shown where this 'right' came from.

I here personally urge all those who have been in correspondance with me (and I am emailing all of you personally) on this matter to contact Talk Domains, no matter whatever 'group' of claimants you belong too, speak to your respective lawyers and from here on in join forces. The sooner this is done the better for all domainers.

Sedo/mTLD, I ask you to reconcider your stance on this matter now. Your actions to date have shown a total ignorance of the law, remember that only a few days ago you were reassuring winners of the second and unlawful auction that they were the legal winners! You then had to accept that they were not the legal winners and declared that auction void. Now you have announced another unlawful auction which is also going to have to be declared void unless you immediately cancel it. To date you have been ill advised, I ask you now to think carefully about your next move.

Sedo and mTLD even at this late stage it is not too late to come out of this with your honour intact and the repect of the whole business community, just settle this dispute and admit what you made a mistake, something that is blazingly obvious to everyone. That one action would show that you are honourable and therefore trustworthy.

I hope the next 24-48 hours will see movement on this matter, perhaps even a resolution. In the meantime I again urge all claimants to join together, it shall make you stronger and lessen the load for all concerned.

Bill Roy

 

[sashas]

sedo getting its ass kicked...

go lawsuit!

 

[DomainTalker]

Thank you, Bill...


Interested parties...

If any original (1st auction) winners - or winners of both 1st & 2nd auctions - would like to join our action - please contact me, as per above.

Many thanks.

.

 

[onassis]

All the best.

 

[pcaero]

DT,

PM sent..
I'm very interest in speaking to your council. Please let me know how to proceed.
Unfortunate circumstances, but we did not create them..


Regards,

PC

 

[nametrekker]

I feel everyone should pursue the path they feel best.

What I fear is that many of these great names "Music", "Movies", "Sports", "Games", "Film", "Wine", etc may go undeveloped for a long long time -

I also realize the buyer of some of these names was ONLY interested in INVESTING and RESELLING ---

names like those above need to be developed ---- and MOBI cannot lose momentum - I hope you all can reach a quick and amicable resolution and I hope your counsel is working on contingency and not by "billable hours"

 

[sags]

Wouldn't the domain owners, in this case the mtld, also be an "interested" party?

Would they be a "plaintiff" or a "defendant"?

 

[TheBaldOne]

Nametrekker, again forgive me for being careful exactly what I say here, but I take it that the 'buyer' you refer to was the so-called winner in your second post in the second unlawful auction that Sedo held? To my knowledge your statement cannot be used in any way connected to any of the winners in the lawful first auction.

In any court decision on this matter the court will award costs against Sedo/mTLD.

 

[cac14850]

Here is my question, even assuming there is validity to the lawsuit which I am still not convinced there is, (TheBaldOne I still disagree with many of your points not the least of which is the ability to sue anyone over an online auction is shaky at best but I am willing to give potential plantifs the benefit of the doubt and assume they win especially since the whole thing was cancelled) what exactly are you going to win here? I don't see much of a case here for damages with the potential exception being the music winner who had a valid business plan contigent upon his winning and the individual who wrote here they had already contracted with a developer (I would guess there are a couple of others we havent heard from). For themost part though if you win, you get a name (which I would still guess you would have to pay for) and if you lose the legal fees are going to be steep. Now if this is a suit where the plantiffs are independently wealthy and are doing it to make a point, more power to you, however if that is not the case I would caution that this could be an extremely expensive suit resulting in a judgement that while it might (a big big might) go in your favor will not be accompanied by a huge payout or really anything I see of immense value.

 

[creature]

I think the right thing to do would be to totally cancel the 3rd .mobi auction and postpone it for say 1-2 years until all the legal mess is sorted out.

I would really feel bad for people who bid in the 3rd auction, then find out their domain will be taken away form them via a court injunction.

I can see this happening, but will SEDO and MTLD even care? I think they will not give a rats.

Good luck with your case,

ciao.

Yes, best to postpone as you say. Your suggestion of 1-2 years seems about right. An immediate 3rd auction is fuel to the fire. Sedo should take your advice.

 

[TheBaldOne]

Sags, how I understand the situation (if anybody can say they understand it now) is as follows.

1) Winners of the first auction would seek possession of the domain names and damages from mTLD and possibly damages from Sedo.
2) Winners of the second auction seek damages from mTLD and Sedo for costs incurred, etc..
3) mTLD seeks damages from Sedo to include all the costs and damages incurred by them in '1' and '2' above and damages to mTLD for lost revenue from sales due to auction fiasco and damages to mTLD.

This is perhaps (almost definately) why Sedo are trying to back mTLD so hard because in the long run it is only by mTLD winning that they can negate the financial damage to themselves.

That is the legal scenario unfolding as I see it.

Of course any of the individual winners or any group thereof can seek an injunction preventing the proposed unlawful third auction of the third auction. But id this were to go ahead then of course yet another set of claimants are created.

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

Cac, there is a post floating around on one of these threads that explains that 'damages' in consumer cases are generally awarded 50 - 300 times the cost of the product (whether that cost is $1 or $1 million). This is the law punishing the culprit for breach of the law and awarding the injured party such (another good reason why this case should be heard in the US).

 

[cac14850]

[/QUOTE]

Cac, there is a post floating around on one of these threads that explains that 'damages' in consumer cases are generally awarded 50 - 300 times the cost of the product (whether that cost is $1 or $1 million). This is the law punishing the culprit for breach of the law and awarding the injured party such (another good reason why this case should be heard in the US).[/QUOTE]

Exactly my point. Again I think we are looking at this completely differently, if I were in court I argue but cost of the product in this case is 15 bucks for renewal fees at best. All they were bidding on was the right to develop something under mtld guidelines; here is where I think the ability for mtld to take back the name bites those suing them in the behind.

 

[DomainTalker]

Folks...


Our objective, and our case (original winners), is to get our names back. And, we expect to achieve that....This has been carefully thought through....Carefully prepared...Our legal advice says it is overwhelming.


We know who the defendant in the case will be....We know the legal grounds we have...And, we'll take these people all the way, until we get our names back.


With a group of 10 of us, we'll have more than deep enough pockets to go all the way - and more.


If you want your names returned to you - discuss it with us....

.

 

[allnicksgone]

Folks...


Our objective, and our case (original winners), is to get our names back. .

If that is your objective, I am sure it would be easier, cheaper, and less time consuming to be the high bidder in the re-auction.

 

[accent]

Good luck guys.

But please remember that it is very likely that Sedo / mTLD's attorneys are telling them that they have a solid case. Win or lose the attorneys win. I have seen corporate attorneys drag a small lawsuit out for three years, advising against negotiation, costing their client many times the amount of the eventual settlement.

No reflection on the Gentleman you have hired, but I would trust the average attorney less than I would trust Sedo.

 

[DomainTalker]

No reflection on the Gentleman you have hired, but I would trust the average attorney less than I would trust Sedo.

...heh, heh....

...We've got some good minds in our group....We'll keep our attorney on the straight and narrow...

.