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Nominet Wins Data Mining Case

 9:24 pm on Jan 5, 2006 (gmt 0)


"It was copyright infringement on a large scale but, because it is a civil action, there is no threat of a custodial sentence in such a case."

"We take the protection of our intellectual property and copyright ownership very seriously, both as the core of our business and in protecting our .uk registrants from domain name scams," said Nominet chief executive Lesley Cowley.

Nominet has been awarded damages for copyright infringement of AUS$810,953, with additional damages of AUS$500,000 to reflect the "flagrancy" of the breaches.

also: [audomainnews.info...]



 10:04 pm on Jan 5, 2006 (gmt 0)

Prosecute ALL law breakers to the FULLEST extent of the law!


 12:39 am on Jan 6, 2006 (gmt 0)

One down...Many to go. Great article for UK folks for sure.


 12:55 am on Jan 6, 2006 (gmt 0)

I regularly receive fake domain registration renewal notices from another company based in the UK sent to my official uk office address ..they only ever push me for the "check by return" to avoid the "domain lapsing" on the french spellings that I register under my companies names .

Presumably they think that in that case I must be french ( am not ) and will not realise due to presumedly poor english skills that they are scamming me..

I think this type of scam is more widespread than assumed ..

And the names I get these official looking letters and "invoices" about were not registered with Nominet but were done across the atlantic ..

They ask for 75.00 ( around $110.oo )per year to renew or risk losing a dot com.

They must hook some as until 2 or 3 years ago it cost on average $200.oo per year to register a dot com if you did so through the main french telecom / internet supplier france telecom..so it may seem like good deal to some here .


 3:20 am on Jan 6, 2006 (gmt 0)

There is a company in Canada that does the same thing. Wish somebody would go after them.


 12:14 pm on Jan 6, 2006 (gmt 0)

A company in India is also doing this stuff. It is sending me renewal notices for all my domains registered with Netsol.


 1:03 pm on Jan 6, 2006 (gmt 0)

Jolly Good.

Yes - the UK has rogues for sure. The unwary are truly getting hit. I hope the scams start getting closed down real quick now.


 1:53 pm on Jan 6, 2006 (gmt 0)

"There is a company in Canada that does the same thing. Wish somebody would go after them."

Hello Gomer,

The Federal Trade Commission did go after them.

I had a customer fall for it just recently, and I have had numerous other customers call over the years to find out if they should pay it.


 2:01 pm on Jan 6, 2006 (gmt 0)

The company in question in the Canadian case is the one still doing this to french language domain names registered in the US ( and not via enom whom I dont use )..however they now use an english address and claim to be an english operation ..

I still have 3 of their letters ..last one received just 6 weeks ago ..obviously they can pay their fines and still make money by continueing from another juristiction ..maybe jail time for their CEO etc would be more conducive to their obeying the law?


 3:09 pm on Jan 6, 2006 (gmt 0)

webwit, thanks for posting that. At first reading, I was happy thinking somebody did go after them but the company I am referring to is a different one.

Their name is the almost the same one the FTC went after, but instead of "America" substitute the word "Canada" in there and you have the company I am talking about.


 3:18 pm on Jan 6, 2006 (gmt 0)

They didn't even change their name since they were in trouble in Canada for the UK based scam they are now running ..


 5:11 pm on Jan 6, 2006 (gmt 0)

Leosghost, want to make sure I am understanding this. Are you saying the company I am referring to is doing this in the UK as well?


 5:26 pm on Jan 6, 2006 (gmt 0)

Yep ..I have the letters right here ( in a box since we moved house but a couple of hours and I could find them ) same name, same scam dated all last year ..may even have another from 2004 somewhere ..anyone want them for evidence etc in court just say the word and let the court get in touch ..I have gmail with the same "nic" as here ..


 5:34 pm on Jan 6, 2006 (gmt 0)

Well that is sad then, I hope someone goes after them.


 6:14 pm on Jan 6, 2006 (gmt 0)

One down...Many to go. Great article for UK folks for sure.

Not really so great. In most of the world there would not have been a valid copyright claim, and the lawsuit has to be brought where the infringement occured.

In this case the infringement was in Australia and the Australian copyright law did cover this sort of action. this decision is not binding on Canadian, US, Indian or even UK registrars.

There is still hope, but it isn't in the realm of copyright. Most countries will prosecute such companies under fraud and fair business practices statutes. In fact, from my reading, the copyright portion of the claim was only one portion.

Unlike the copyright portion of the suit, they probably could have prosecuted the other portions in the UK, but their chances of actually collecting on the judgement would have been slim. To actually hurt them they will have to be sued where they live, which is what happened here.


 7:46 pm on Jan 7, 2006 (gmt 0)

Great news!
Why isn't there a requirement that any site delivering whois info make it unscrapable e.g. with one of those graphical things where you must enter the code to view the details (sorry, can't remember what they are called, but they work well enough).

Regarding the Canadian/UK company ( [ftc.gov...] ) Yes, they are still operating. I received 2 letters from them this week, they give a UK address. One of my letters was for a domain with the word 'barcelona' in it, and the other was for a domain with a french word in it.

I regularly have to explain this stuff to our customers when the receve it.

I hate such scammers, spammers and internet criminals. The more they are fined or imprisioned the better the internet will become. I would gladly donate to a fund (if there were one) dedicated to bringing these people to justice. With the increasing plague of rouge bots, scrapers, spammers, viruses... the net could become unusable.


 3:49 pm on Jan 20, 2006 (gmt 0)

Nominet have often stated that they are going to go after those who abuse he whois data.

In addition to the Aussie case they have also been pursuing this one in the UK

"Nominet's board thanked all members of staff, legal and technical teams,
who had helped by giving evidence in the recent trial of Peter
Francis-Macrae, who was sentenced to 6 years imprisonment on 16 November
2005. One of the crimes for which Mr Francis-Macrae was convicted was
blackmail against Nominet - he had threatened a massive denial of service
attack against our servers. "

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