[thelist] backordering, domain transfer and other issues.

Dan McCullough dan.mccullough at gmail.com
Thu Nov 10 09:52:44 CST 2005

You are correct the law is not very well former here and to make
matters worse is if the parties are from other countries, then you are
at the mercy of the registrar of record.  Who is the registrar? 
GoDaddy, NetSol?  Does your clients name appear anywhere on the
contact list for the registrar?

If the domain is that important to your client I would find an
inexpensive domain backorder service and sign up for the domain, but
in the meantime try and secure the domain from the registrar.

On 11/10/05, VOLKAN ÖZÇELİK <volkan.ozcelik at gmail.com> wrote:
> >  I assume but just to clarify, have you checked whois to determine who is
> > listed as the domain owner the site to see who is listed as the owner?
> Yes I did. It belongs to some individual (perhaps a freelance
> developer), an e-mail and a phone is provided.
> But I don't want to contact him unless absolutely necessary. This will
> make the deal hotter. May be has has alredy forgotten about it and me
> asking to drop his domain registration will pop a light bulb over his
> hand and offer me a high-price for it etc.
> > This is assuming your client is able to prove they paid
> > for the domain registration, or at the very least they own the web site -
> > pay the hosting fees and engaged the developer to create the site.
> I think he can prove he has paid for it. He is a legal entity, has
> accounting records, bills etc. But acting dispute legally will make
> things harder.
> As you may have deduced from the situation he does not even have a
> user/pass for the dns record he (or the developer) has purchased. He
> is -sorta- ignorant on the issue (though he is very competent in his
> business, the internet is relatively new for him ).
> I am not a legal man, but the domain name belongs to the one who has
> paid for it (i.e. the developer) - he has the power to renew it, drop
> it, re-sell it etc. - unless there is an issue on trademark, copyright
> infringement or other rights.
> Worse of all, the law related to cyberspace is not very well-formed here.
> Cheers,
> --
> Volkan Ozcelik
> +>Yep! I'm blogging! : http://www.volkanozcelik.com/volkanozcelik/blog/
> +> My projects/studies/trials/errors : http://www.sarmal.com/
> --
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