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    This discussion has been archived. No new comments can be posted.
    Did Jeff Davies find a legal loophole? | Log in/Create an Account | Top | 143 comments | Search Discussion
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    Re: Truth, lies and registry/registrar responsibil
    by Anonymous on Wednesday January 01 2003, @01:01AM (#10791)

    Or consider the case of Galcomm, run by Moshe Fogel the Afilias Director:

    They were happy to charge money and submit 63 ineligible applications for Cass Foster, even though it was clear that Afilias's own Agreement and rules were being abused. Why was it clear?

    Because the same Trademark date and identical Trademark number was used for 63 completely different names!

    In other words, it was absolutely obvious that the process was being abused, Galcomm joined in the abuse by supporting the applications and charging for them, and Moshe Fogel was not only an Afilias director but one of the chief architects of the Sunrise process!

    Moshe Fogel went on to do very well personally out of Landrush 2, creating an extra short list to gain from the system and procuring computer.info for himself in his own name!

    But at the time of the Sunrise, Galcomm were making their money from the submission of applications which clearly abused the Afilias process. Did Afilias complain? Of course not! Afilias WERE Galcomm... well, part of it anyway...

    How extraordinary! Exactly the same Trademark number and date for each and every one of 93 different trademark names! How could that possibly work? Well it worked OK for:

    Cass Foster acidreflux.info Cass Foster acne.info Cass Foster adoption.info Cass Foster adultsites.info Cass Foster aging.info Cass Foster airlinetickets.info Cass Foster alternativemedicine.info Cass Foster alzheimers.info Cass Foster antivirus.info Cass Foster anxiety.info Cass Foster arthritis.info Cass Foster aryannation.info Cass Foster auctions.info Cass Foster babies.info Cass Foster backpain.info Cass Foster bahamas.info Cass Foster beautyproducts.info Cass Foster birthcontrol.info Cass Foster breastenlargement.info Cass Foster cancer.info Cass Foster careers.info Cass Foster caribbean.info Cass Foster carpaltunnelsyndrome.info Cass Foster chemicals.info Cass Foster chickenpox.info Cass Foster cholesterol.info Cass Foster christianity.info Cass Foster cigarettes.info Cass Foster cloning.info
    Cass Foster colds.info Cass Foster computergames.info Cass Foster computers.info
    Cass Foster cosmetics.info Cass Foster cosmeticsurgery.info Cass Foster creditcards.info
    Cass Foster cryogenics.info Cass Foster cuba.info Cass Foster dating.info Cass Foster death.info Cass Foster dentalsupplies.info Cass Foster dermatology.info Cass Foster diabeticsupplies.info Cass Foster diet.info Cass Foster digitaltv.info
    Cass Foster disease.info Cass Foster divorce.info Cass Foster drugstore.info Cass Foster education.info Cass Foster employment.info Cass Foster engineering.info Cass Foster entertainment.info Cass Foster erectiledysfunction.info Cass Foster escorts.info Cass Foster estrogen.info Cass Foster exports.info Cass Foster familyvacations.info Cass Foster fertility.info Cass Foster financialservices.info
    Cass Foster fitness.info Cass Foster fitnessequipment.info Cass Foster fivestar.info
    Cass Foster fivestarsupport.info Cass Foster flowers.info Cass Foster france.info Cass Foster funeral.info Cass Foster geneticengineering.info Cass Foster gifts.info Cass Foster greetingcards.info Cass Foster guns.info Cass Foster hairloss.info Cass Foster handheldcomputers.info Cass Foster healthinsurance.info Cass Foster hearing.info Cass Foster heartburn.info Cass Foster heartdisease.info Cass Foster herpes.info Cass Foster highspeedinternetaccess.info Cass Foster hitler.info
    Cass Foster hotels.info Cass Foster hrt.info Cass Foster hypertension.info Cass Foster immunizations.info Cass Foster imports.info Cass Foster incontinence.info Cass Foster infertility.info Cass Foster insulin.info Cass Foster insurance.info
    Cass Foster interiordecorating.info Cass Foster internet.info Cass Foster internetaccess.info Cass Foster internettechnology.info Cass Foster investments.info Cass Foster ivf.info Cass Foster ivfmeds.info Cass Foster jewish.info Cass Foster jobplacement.info Cass Foster kids.info Cass Foster kkk.info Cass Foster klukluxklan.info Cass Foster lasvegascasinos.info Cass Foster lasvegashotels.info Cass Foster lifeinsurance.info Cass Foster liverdisease.info Cass Foster magazines.info Cass Foster makeup.info Cass Foster malemenopause.info Cass Foster manavkendra.info Cass Foster maternity.info Cass Foster measles.info Cass Foster medicalsupplies.info Cass Foster menopause.info Cass Foster mexicanpharmacies.info Cass Foster nazi.info Cass Foster newtestament.info Cass Foster nursing.info Cass Foster nursinghomeinsurance.info Cass Foster nursinghomes.info Cass Foster offshorebanking.info
    Cass Foster onlinecasino.info Cass Foster organtransplants.info Cass Foster
    osteoporosis.info Cass Foster pain.info Cass Foster parkinsons.info Cass Foster partyfavors.info Cass Foster pda.info Cass Foster personals.info Cass Foster pets.info Cass Foster pharmacy.info Cass Foster pharmacyjobs.info Cass Foster plastics.info Cass Foster pms.info Cass Foster prescriptions.info Cass Foster publicity.info Cass Foster publishing.info Cass Foster publishingsupport.info
    Cass Foster realtor.info Cass Foster religion.info Cass Foster scholarships.info Cass Foster schoolsupplies.info Cass Foster selfpublishing.info Cass Foster seniorinsurance.info Cass Foster seniors.info Cass Foster shakespeare.info
    Cass Foster shakespearefestivals.info Cass Foster shakespearelrc.info Cass Foster shakespirit.info Cass Foster singles.info Cass Foster sinus.info Cass
    Foster socialanxietydisorder.info Cass Foster sportinggoods.info Cass Foster supplements.info Cass Foster teens.info Cass Foster textbooks.info Cass Foster tickets.info Cass Foster toys.info Cass Foster trucks.info Cass Foster usimports.info
    Cass Foster vitamins.info Cass Foster weightloss.info Cass Foster whitepower.info
    Cass Foster whitepride.info Cass Foster whitesupremacy.info Cass Foster williamshakespeare.info Cass Foster wirelesscommunications.info

    Disregarding the white supremacy, klukluxklan, aryan nation, hitler names which were quite unusual for a Jewish registrar to embrace anyway, the bottom line was that according to Galcomm's submission of these names to Afilias, every single one of these names had the same Trademark number, which was wholly incredible and ineligible.

    So what we see is the ICANN-Registry agreement and the Registry-Registrar agreement being abused and exploited for financial gain : and Afilias directors were associated with this abuse. And landrush customers who'd pre-registered lost out as a result.

    And Afilias will take Jeff Davies to court and claim their Agreements were upheld and were justly implemented, and charge HIM with an abuse of process? I hope the judge sees the irony in that!

    In reality, what we have is a process which had unravelled, with pre-registrants like Davies already defrauded by an institutional abuse of the process; what we have is the abandonment of that process, both informally and formally (when it was later amended); and what we have is a failure on Afilias's part to uphold the intent of its own Agreement with ICANN... and ICANN when approached just stood by and took no action. DomainBank break the rules. Afilias register their fake and ineligible names. ICANN just watch.

    When Afilias lost its first CEO early in the summer of 2001, I have it on the testimony of an Afilias insider and director that it fell to Moshe Fogel to make sure the Sunrise would be adequately safeguarded with any appropriate checks to prevent obvious fraud.

    In the event, he not only failed to introduce adequate checks, but gained personally from the Sunrise shambles.

    Ordinary consumers were sent to the wall, in the stampede to make money which left the Registry Agreements trampled underfoot.

    It was, indeed, an "abomination".

    Richard Henderson

    [ Reply to This | Parent ]
    Re: Truth, lies and registry/registrar responsibil by Anonymous
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