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    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, @02:36AM (#10797)

    Then there was the notorious case of Spy Productions, where the Registrar invited clients to make fake claims "with their eyes open", took their money, and then INVENTED the Trademark numbers himself... they weren't made up by the customer, the registrar put them in later himself... entirely made up numbers.


    In later correspondence on the ICANN Public Forums, he justified this by saying that he did it in his customer's best interests because the fraud was already going on, and HIS customers would lose out unless they joined in.


    This scam was notified to Afilias, and requests were made to cancel and delete the registrations to protect Landrush customers. Afilias created the opportunity for the scam, they had the right in their Agreement to cancel the names once they'd been notified they were fake, but they CHOSE NOT TO PROTECT Landrush customers.


    That was a conscious choice on the part of Afilias (along the same lines as the Lorenz domain's submitted by DomainBank).


    Afilias HAD THE OPPORTUNITY TO PROTECT Landrush customers around the world, and Afilias's neglect of their interests was responsible for the failure of the process with regard to their legitimate Landrush interests.


    The Agreements state clearly that Afilias DID have the right and powers to delete those names, rather than delaying as they did, to the detriment of many landrush customers.


    In the case of Spy Productions, the invented numbers were clearly fake... One number - 137636599 - had been used as the Trademark number 44 times for completely different applications.


    Today, Spy Productions continue to trade. I don't personally seek the destruction of a man's living. Let them trade. But I blame ICANN and Afilias for presiding over corrupted processes, being able to intervene but declining to, and wholly failing customers worldwide.




    Richard Henderson


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


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