I was original owner of a Domain name, but now?

A friend renewed it, now he says he owns the site!

[erlandc]

Hi,

Help!

I built the site for him for free & he renewed the site because I had no access to a credit card at the time.

Now he says he owns the site. I have access to the server files. He wants to make changes.

Trying to get him to send me the details for the domain name.

What can I do to resolve this?

Thanks!

[jdMorgan]

He owns the domain, but you control the server and can modify or even delete the site contents. Technically, the domain name is pointed to a particular server by DNS settings, which he can change. But control of the the current site's contents depends on who controls the server (you or a hosting company that you have an account with).

So he may own the domain, but if you control the server you can put anything on it, and that will show up when his domain is requested.

You can decide how to use those facts based on how you define the phrase "a friend."

Jim

[callivert]

Your friend doesn't understand the difference between domains and websites. I think he deserves a lesson (it will also give him a lesson in friendship). here's what you should do...

Buy a new $10 domain and host your site there instead. You won't have to change servers.... just reconfigure what domain they are supporting. Then contact people who have linked to your site to change their links.
You can do all this, because even though he owns the domain, the content is yours, not his. In fact it's your copyright material.

This will all be a pain in the neck, and yeah it sucks, but the end result will be:
1) you will still have a website
2) your "friend" will have a domain with nothing on it, that he doesn't know how to use.

[ken_b]

You say...

I built the site for him for free ...

So it's his website.

Why shouldn't he own the domain also?

[erlandc]

Thanks Jim,

Thing is, I was the initial owner of the domain and it was a good one. Seems he hijacked it now 'cos he renewed it.

Yes, I use a hosting company for the site. He knows nothing about websites nor how to change the DNS settings.

Friend indeed. We'll see. I sent him an email asking him for the username and password for domainsbyproxy, and that I was the original owner. I also told him I know Internet lawyer personally. I met Michael Geist at a marketing conference. I did this to maybe scare him in sending me the details.

Will let you know what happens and thanks for your helpful post!

Erland

[erlandc]

Hi callivert,

Indeed he doesn't know squat. Your idea is a good one. I may do just what you suggested, however, the site is optimized and has #1 ranking for its keywords, plus the domain name is a very good one.

If it 'comes to blows' let's say. I'll change the domain as you mentioned.

Yes the copyright material is mine. I did all the work and I feel the site is worth about 10k. Next email I get from him I'll ask him for the 10k before I make any changes. Funny thing is, he says it's his site!

Thanks for your speedy reply and your last paragraph will stick in my mind.

Thanks callivert!

[erlandc]

hi ken_b,

I built the site for free because he had no budget and we agreed on 50% of the sales, which are very few a very far between.

He did absolutely nothing. All he did was send me pictures and some info for the content.

I paid the original payment for the domain and server.

He shouldn't own the domain because it was my idea to build a site in the first place. He got free marketing and seo service for diddly. The site is ranked #1 for 2 sets of keyphrases, and in the top 10 for 1 other.

Thanks for your opinion!

Erland

[dataguy]

I'm with callivert, except I would put the site on a new domain and 301 the old one. You get to keep your rankings and he might not even notice the domain name changed.

[tangor]

Screwed. Partnership law is different than corporate law. You have 50/50 sharing, you'll have 50/50 buy/sell options. If you don't want to play then quit (take the site down). Do anything else and your friend can prove to be very unfriendly with a lawyer. He has control of the DNS, you have the goodies. Guess who's screwed...

Not legal advice, just an observation that legal can get to be ugly real quick.

If you and friend can get back together then DRAW UP A CONTRACT or PARTNERSHIP immediately, or better yet file for corporation status. NEVER LEAVE ANYTHING TO CHANCE or emotion or a rainy day on Tuesday.

[erlandc]

dataguy,

So far no news from him. He's runnin' scared methinks 'cos of my lawyer scare tactic. Indeed, the domain I came up with was a goodie and now I may as well kiss it goodbye as he is stubborn.

I know his ISP and have seen his IP come up often so I decided to ban the whole range. This might prompt him to ask what's happening. As I mentioned, he knows little about the web and how it works.

Yes, in time I may have to change the domain name.

Thanks for your time and input!

[anallawalla]

I see several things that suggest your friend is the real owner.

I built the site for him for free

You built it for him, not for the two of you, which sounds like a later arrangement.

Thing is, I was the initial owner of the domain and it was a good one. Seems he hijacked it now 'cos he renewed it.

If you were really the original owner in whois, then he couldn't have renewed it with his card without asking for a change of owner. This would have needed your approval. It seems the site was always in his name.

Having access to the server doesn't give you any ownership. It will be his word against yours, i.e. he could claim you are his web developer.

I paid the original payment for the domain and server.

If he was the original owner in whois, it seems you paid with your card. This doesn't make you the owner (on the face of it).

Set up a formal contract while things are amicable.

[erlandc]

hi tangor,

Please read my previous post. I'm going to wait.

Yes I have the goodies and that's all that really matters. The domain in question can be changed.

Not too worried about the legal stuff because Mr. Geist is just a phone call away should I need some quick legal advice.

My so called friend is probably scrambling right now as to what to do. In the meantime, I sleep just fine.

Thanks for your time!

[erlandc]

anallawalla,

Good points!

I'll check my records and get back to you.

Now I'm going back in time as to when, where, etc.

Thanks for writing.

e

[tangor]

I sleep just fine.

If so, then why make a noise? Can't tell you how many ways you are screwed, but then again, why make the effort since you already knew?

Time's a-wasting. Clock is out. Game playing is only good on those fancy game boxes et al. ...

[maximillianos]

Don't assume your friend won't find someone to help him better understand domains and websites. He may be doing that right now.

If you indeed have a partnership, then you need to work together to resolve this. Right now it appears 50/50 to me. He has the domain, you have the site. If your partnership is 50-50 as you said, what is the problem? Seems all is fair as is right now.

[BillyS]

Cut your losses, take your content, and point your new domain name to the server you own.

[davezan]

What can I do to resolve this?

Do what maximillianos said:

you need to work together to resolve this

But I'll tell you this: whoever is listed as the registrant of the domain name is
considered by the registrar to be the domain's so-called owner. However, the
registrar might allow access to whoever they verify to be its listed contact or
so.

Hope you and the other party work it out somehow...without going to court.

David