How do I find the name of the entity running a website

non professional seeking help

[WAGaye]

Please excuse me if I am posting this in an inappropriate location. I'm looking for some help. I understand that you register a domain name and then you can run a website using that name? Correct?
A friend of mine, (really. It's not me. I'm just a bit more literate than he is) in a fit of anger, registered a domain name in 2002 that was one letter different from a prominent local business he, rightly in my opinion, had an issue with. He put up a page but nothing much came of it and he tired of paying the annual fee. His last payment was in Nonember 2004 and he believes his right to this name expired in November 2005.He certainly did nothing more about it. Yesterday he was sued buy the aforementioned business for all the usual reasons..copyright infringement, unfair trade practices, fraud, etc.and must appear in court Monday to answer a restraining order to cease and desist. He called the registrar and was told the name had
lapsed and that they retained the right to use all lapsed names. So how can he cease running a website he doesn't run? Interestingly, Whois shows the name was first created in November 2005! How can we find out who is actually now running this site and is responsible for its content. I know he should get a lawyer but he is a poor bricklayer with an eighth grade education up against a community giant. Seems to me if we can find out who is actually running this show, he may well be able to represent himself and show the judge that it "'ain't him". Any help appreciated
Wallace Gaye MD
Dover NH

[edited by: Webwork at 2:47 am (utc) on Mar. 16, 2007]
[edit reason] WebmasterWorld TOS [/edit]

[LifeinAsia]

I am not a lawyer, but it seems to me that the burden of proof should be on the plaintiff to somehow "prove" that your friend is behind the site and actively running it. Perhaps it would be a good idea if your friend could get a written statement (at least of fax) from the registrar saying his registration lapsed in 2005 and with the lapse lost any control over the domain.

[WAGaye]

I agree that the plaintiff should have the burden of proof. Yet, I know his lawyer is a specialist in these matters and I find it hard to believe he would blunder into suing the wrong guy. So I want to be ready with whatever evidence I can muster. Your comment about something in writing from the registrar is a good one. Thanks
Wally

[Webwork]

He "shows the judge" by coming to court and testifying to the state of the facts as known to him. Unfortunately, without legal counsel, his 'proofs' (of innocence) may be inadmissible due to him not knowing the rules of evidence. Not everything that one brings to court 'gets into evidence'. This might include documents produced by a company showing a domain history. So he needs to at least have an extended consultation with a lawyer, who might help him to assemble proofs that might conform to local evidence rules. Very important that he does at least this.

The lawsuit may include a claim for past damages, which predate when the domain was 'dropped'. On that score there may not be much he can do, except offer whatever proofs he has.

If he's poor then he should apply to legal services for representation. He should also contact the local lawyer referral service and possibly the local law school, which may have a legal clinic where 3rd year students help people in his shoes.

If he's clear that he's not the owner then he may be able to file a 'third-party lawsuit' where he names the new registrant as a third-party defendant. This might cause the plaintiff's attorney to amend their pleadings to join the other party. However, if the lawsuit includes claims for other 'bad acts' that may not be the end of things.

As poor as he is he can probably afford an extended consultation. He should go well prepared, with all his paperwork, including image captures from Archive.org, copies of the WhoIs record as it now stands, any documents showing his past ownership/control (payment, etc), evidence of who is doing what now with the domain (screenshots, etc).

A letter from a lawyer might convince the current registrant to pull down whatever now exists.

Good luck.