sex.com Update

VeriSign's Network Solutions Liable

[ukgimp]

Reuters [reuters.co.uk]

The decision has widespread implications for companies that register domains, which until now have not been held responsible when Web sites are switched from their rightful owners, a lawyer for the plaintiff said.

[xbase234]

This is a big story.

The judge wrote that domains are indeed "property", like a plot of land.

[jmccormac]

Verisign could be in very big trouble if it does not have this reversed on appeal. It would really open the floodgates for similar lawsuits.

Most of the cctlds have been holding to the same doctrine that domain registrations are licences rather than property. While this is a US ruling, it remains to be seen if it can be applied elsewhere. Though I think that it may give some people the grounds to take an action. This really changes things in the domain business.

Regards...jmcc

[Shane]

As it should be though. Domains, specific ones are worth the money.

..... $hane

[xbase234]

This ruling raises many serious questions for domain registrants (or now it can be truly said that we are "domain owners"). Overall I think it will provide better protection to domain owners from "reverse hijackers".

And the judge is right - domains are property, and there is entitlement involved. Just ask Yahoo!, Google, and Amazon how crucial their domains are to their respective businesses. Domains are also important to small businesses like mine, and this is why we need protection.

I'm also curious as to how this will effect UDRP and WIPO decisions.

[Artist]

My Domain Name was stolen from me much the same way as sex.com from Network Solutions.
A person that i knew back in 1997 transferred my Domain Name to Tucows on 6-July. He used the contact email to make the transfer. He paid it up for two years as well. I even have a signed letter from this person that states that i should register the Domain Name ASAP before it is gone. He offered to help me register it under my name and company name. I have the WHOIS data from 15-AUG 97 that shows the register is me!
I found out about this transfer as i was in the process of reregistering my Domain Name for the 7th year on 14 July.
I have been in contact with Tucows, and NSI. NSI has yet to respond to my docs that prove that i am the legal register of my Domain Name... I have been at this every day since the 14th. All comments are welcome as i wait for NSI to contact me and make this right.

[jmccormac]

Artist,
I am not sure that it is NSI/Versign who is at fault here. The perp had access to the account, possibly as the result of registering the domain with you. Therefore when NSI transferred it had been OKed by someone who was authoritative for the account. Most of NSI's domain are on the web admin format now I think. I am not a lawyer but I think that there are a few around here. It may be a good thing if you got a legal opinion on this fraudulent transfer as opposed to waiting for NSI to reply. I'd guess that NSI would claim that someone who had control over the account made the transfer and as such it is not their problem.

Regards...jmcc

[Artist]

Jmcc...
well ok, i can see that NS would not be totally to blame here. Frankly, i am more angry at the unethical, and unprofessional webmaster who has stolen my Domain Name.
It appears to me that it took him no more than 30 minutes to transfer my Domain Name with nothing more than an email address that he used to register my name with in 1997. Ok then, In order for me to prove that i am the legal register of this Domain Name, I have provided NS with 1. Photo ID, 2. Company business license 97-03. 3. WHOIS data from 9-97,
4. A signed Statement of Fact, 5. A signed letter from the webmaster that outlines his services to my company 12-AUG-97, 6. NS billing statements from 97-03. and I have even more docs in my files to send on request. But after all this, i still can't seem to get my Name back to date. The webmaster who has stolen my Domain Name has come out of nowhere to do this.... I see online his comments about web ethics and responsibilities, and it totally blows my mind!.... At this time i am following all official channels to resolve this matter.
But at some point my patients will come to an end...soon
I to will become a "webmaster," i will build a website that will expose this Webmaster as the fraud he is to the www community. All official documents and correspondence will be included on this site for all to view.
It is taking me every ounce of energy to wait for this to play out with NSI and Tucows first.
If you are thinking that maybe their was some sort of business dispute with this webmaster, i can honestly say here that their was never any falling out whatsoever with this person. I have had no contact with him since 1997.
He has done this simply because he thinks he can get away with it. And simply for the money he hopes to gain from the sale of my Domain Name....Very sad.
I know in time that the facts in this sorry matter will show without any question all that i have said here is true.
I have been forced to work on this every day now since the 14th. This has not been good for my health, or my business.
But i will not stop until i have my Domain Name back, and Justice is served.
Artist