A group
individual domainers have come to the conclusion that the only fair resolution to
decide who have a rightful claim to the .mobi domains that were auctioned this month, is for an impartial legal court. In their view, Sedo (and mTLD) have managed matters so poorly, that - on their latest
position - there are (and will be) no fewer than three groups of
people that could be said to believe that they have a rightful claim to the
same domain names:
(a) The original
auction winners
(b) The 2nd auction winners
(c) And, now (possibly) the’ re-run’ auction winners.
The group intends to file legal suit, very shortly, so that the matter can be
resolved impartially. The group believes its not only in the interests of
individuals to have an impartial ruling on this - but that - in clearing up the
uncertainty - they feel it is also in the best interests of the domain
community to establish a clear precedent about online auction processes, in
these kind of situations, for the future.
dotMobiz received this email from the group, asking to publish an announcement for them, so that they could see if any other people have been affected, and thus if they would like
to join them. Here is
their request:
ALL ORIGINAL WINNERS FROM THE 1ST AUCTION (INCLUDING 2ND AUCTION WINNERS
THAT ALSO WON NAMES IN THE 1ST AUCTION) – ARE INVITED TO JOIN OUR LAW SUIT -
PLEASE CONTACT ME ASAP (by PM, or by email: talktimes +@+ hotmail.com)
We are a group of original winners (1st auction) that has secured the services
of a top international lawyer - with domain law expertise - and, we have taken
extensive legal advice on this matter. There have been extensive discussions
with both Sedo & mTLD counsel in an attempt to settle this fairly, and
amicably. Compromise proposals have been canvassed with mTLD - and rejected.
Sedo/mTLD have changed their position on this several times (see below). The
issues, and the legal position, are known.
THIS GROUP OF ORIGINAL WINNERS HAVE BEEN ADVISED THAT THE LEGAL CASE IN
SUPPORT OF THEIR RIGHT TO THE DOMAIN NAMES IS VERY STRONG.
In our view, Sedo/mTLD have managed matters so poorly, that - on their latest
position - there are (and will) be no fewer than three groups of
people that could be said to believe that they have a rightful claim to the
same domain names:
(a) The original auction winners
(b) The 2nd auction winners
(c) And, now (possibly) the’ re-run’ auction winners.
We say this is unsatisfactory - and unfair - to all concerned.
The facts (in outline) - not in dispute - are these:
Sedo/mTLD:
(i) Closed the 1st auction, accepted the highest bids for the 1st auction - and
declared & confirmed, in writing, the highest bidders as the winners;
(ii) Then, after they had declared the 1st auctions closed, they declared an
‘extension’ of the 1st auction - some time later - and, re-opened the auctions
they had already closed - and then proceeded to accept bids, during this
‘extended’ auction, for the same names - and, ultimately, declared &
confirmed, in writing, a second group of highest bidders as winners, for these
same names;
(iii) Then, they - days later - declared both auctions that they had
previously - separately - declared valid, and binding - to be somehow
now void
….Now, they say they will ‘re-run’ the auctions all over again, in January,
2008.
We believe that this state of affairs is not fair to ANY of these groups of
people - And that the only really fair thing to do, would be to ask a court to
decide the matter. This we intend to do.
We truly regret that it has come to this. We know many would prefer to just let
it go - and, simply accept the latest of several different Sedo/mTLD 'decisions'
on this, but we don't think that's fair.....As mentioned above, we have tried
hard to resolve this amicably....But, we failed.....We believe its not only in
the interests of individuals to have an impartial ruling on this - but that -
in clearing up the uncertainty, its also is in the best interests of the domain
community to establish a clear precedent about online auction processes, in
these kind of situations, for the future.
We kindly ask that the domain community please respect our right to ask an
impartial body (the court) to rule on this….We believe that - this way - is the
only fair way a resolution can be found that we can all accept - whatever that
decision maybe.
ALL ORIGINAL WINNERS FROM THE 1ST AUCTION (INCLUDING 2ND AUCTION WINNERS,
THAT ALSO WON NAMES IN THE 1ST AUCTION) - THAT WOULD LIKE TO JOIN THIS SUIT -
PLEASE CONTACT ME ASAP (either by PM, or by email: talktimes++++++hotmail.com)
Thank you.
