I bid $611,000 for music.mobi - Lawsuit Pending

[leo]

1 thing i need to add to this thread..i completely agree the dot mobi marketing guys are doing a very good job

ps: I developed a mobi ..it is making a few dollars here and there

 

[denny007]

wouldn't all regs get atleast some hits?

ALL MY FOUR REGS GET ABOUT SAME LEVEL OF TRAFFIC
Thats what I am saying and making an assumption out of it, OBVIOUSLY

 

[namewaiter]

ok, and i'm saying mine DON'T GET THE SAME LEVEL ... lost in translation

 

[domainah]

BOTH the .mobi MTLD who started INVITING people via a bulk message hyping them up

.... I will NEVER do business again with thieves especially the MTLD. They are making bank and playing everyone....


< Promotion edited >

Well..if you would have listened to some people here that the whole Mobi bullshit is a scam to begin with instead of listening to the people that claim to have "vision" because they invested in mobi you would not be in that mess...

...so whoever has not realized that mobi a joke TLD hyped up by good marketing with no edge I am not sorry for... the bad thing is that those people that have invested in mobis are most of the time so into their BS mobis that they still talk newbies into buying this garbage...

600K for a mobi? give me a FU$%§ break if you want to buy tees.com for 200k let me know...

 

[denny007]

OK antimobi guys - why try to convince .mobi believers ? We should fuel their passion even MORE, so more money goes into .mobi and we can be putting our money where it matters with less competition...

 

[DomainsInc]

Everyone likes to take shots at .mobi and even I don't think it will make it for sure. Its a speculative investment but here we have an end user willing to pay over 500k for a mobi domain, something apparently no one but domainers are supposed to know about. Must say something for the extention.

Well..if you would have listened to some people here that the whole Mobi bullshit is a scam to begin with instead of listening to the people that claim to have "vision" because they invested in mobi you would not be in that mess...

...so whoever has not realized that mobi a joke TLD hyped up by good marketing with no edge I am not sorry for... the bad thing is that those people that have invested in mobis are most of the time so into their BS mobis that they still talk newbies into buying this garbage...

600K for a mobi? give me a FU$%§ break if you want to buy tees.com for 200k let me know...

 

[Fearless]

here we have an end user willing to pay over 500k for a mobi domain

This guy is promoting his blog. These bloggers will do anything to promote their stupid blogs.

 

[denny007]

Must say something for the extention.

So this newest stunt works well...

 

[Devil Dog]

Everyone likes to take shots at .mobi and even I don't think it will make it for sure. Its a speculative investment but here we have an end user willing to pay over 500k for a mobi domain, something apparently no one but domainers are supposed to know about. Must say something for the extention.

Enduser? Where? Only using he's going to be doing is trying to 'resell' them.

 

[DomainsInc]

Enduser? Where? Only using he's going to be doing is trying to 'resell' them.

The guy who won them is but the guy who wants to sue wanted to develop.

 

[katherine]

Everyone likes to take shots at .mobi and even I don't think it will make it for sure. Its a speculative investment but here we have an end user willing to pay over 500k for a mobi domain, something apparently no one but domainers are supposed to know about. Must say something for the extention.

Yes it says something. Either hype does wonders or some investors know something that seasoned domainers don't.

 

[sashas]

The "End Users" I would've cared for would've been Sony, Universal, Nokia, Motorola etc. If Music.mobi was bought by one of these guys for 611k, I would've been convinced that .mobi mattered since these big companies chose to go with the .mobi. But they didn't. They stayed out of the auction for all the big names. That should tell you something, shouldn't it?

Mobi lovers, care to report any "real" end user sales?

 

[GoPC]

What about Rick's buy of Flowers.mobi (way back when) for $200K?

Have we simply discounted that? Arguably a Great in the Domaining Game. Arguably a sound decision maker.

It's been a year since that buy, I think that the increase in value reflected here is on par with the natural curve.

So some of you don't believe in Mobi... so what? This is not a thread for you to rag on the extension. Do you get commissions on how many people you keep away from .mobi? Why so militant? If somebody wanted to pay you $600K for a domain that you felt was worthless, would you NOT take it?

Obviously, this guy wasn't alone in his perception of the value nor was he the only one willing to pay 6 Figures for it. I'd say that the real world set the value and that value is (and has been) well established.

So let's keep on point here boys... does he have a case or not?

Someone stated before (and I'm paraphrasing) IF the action, however incorrect, immoral or malicious it was, is clearly defined in the TOS as being totally within Sedo's rights, then the results of that act are irrelevant.

One must ask how, in a legal sense, the acts then BECOME relevant. One must show that the TOS is 'vague' and ill-defined. Intentionally ambiguous if possible. Then one must show the motivation behind the ambiguous TOS in order to show intentional harm, loss and the need for legal intervention and remedy.

Because, what we are truly asking here is: Was this Fraud?

Fraud is intentional. Fraud is premeditated. Fraud carries very defined burdens of proof. If these can be adequately answered, there is a case. Otherwise, you're just making the Attorney's a pile of cash... and Lord knows how I hate that!

Speaking of which, one REAL question will tell you if you have a real shot or not...

Will an Attorney take this case on a CONTINGENCY BASIS?

Best of Luck,

GoPC

 

[sashas]

There was this interesting post at NP:

"Quote from SEDO’s TOS:
——————–

“Sedo in no way guarantees or further warrants that the web page on which bids can be placed (“Bidding Page”) during the Auction Period is permanently accessible. If a Bidding Page is not accessible, the Seller may not, in the future refer to a potentially higher bid during this time period as a mechanism for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder the Domain up for Auction if the webpage would have been available.”


According to this,
the guy definitely has a case.

If a Bidding Page is not accessible, the Seller may not, in the future refer to a potentially higher bid during this time period as a mechanism for not following through with a sale

However, mTLD clearly asked for a higher bid when the page was inaccessible.

 

[Theo]

I need some extra large popcorn bag.

 

[Bill Roy]

GoPC, I think post #54 answers some of your questions. But points about any terms of service is that they must be legal and the interpretation where ambiguous should (and usually is given by the courts) be in favour of the non-author of the TOS or contract. (The argument here is that the author should at the time of writing the TOS/contract was responsible for its clear and unambigous meaning, if any ambiguities of meaning exist it is the fault of the author.)

A few questions for you all though.

Who is planning on moving any domains they have at the moment not parked at Sedo to Sedo?

Who is/has moved parked domains away from Sedo since this happened?

 

[GoPC]

Good Point BIllbo... In the case of Ambiguity, the Court does generally favor the non-author and place due weight on the author of the contract/agreement.

This I know... As the Author of a legal contract that was contested for fraud on the grounds of abiguity, I experienced this first hand.

I won the case (successfully defended my agreement) so I was also a first hand witness on how ambiguity can be (or attempted to be) used as an excuse for non-compliance or illegitimate remedy.

That being said, the plaintiff in my case was held to the standards of the three primary elements that constitute fraud and failed in all three cases even though elements in my contract were found in some fashion against me, the whole of the document made the intent clear, set the standards of compliance clearly and allowed for a specific course of action and remedy.

Looking at this from the perspective that I was in... defending myself... If I were Sedo, I would be worried to some degree particularly if the specific wording posted just above were in force under the contract in contention.

And again, I'm no lawyer... although I have written contracts that have stood up in court. This is purely some comments on my personal experiences. Nothing more.

Legal disclaimer

As for moving away from Sedo... I think this also is a very valid point.

Can Sedo AFFORD the negative press on such a high profile purchase? AT best, they failed miserably to manage their own software which leads to questions of reliability, trust and management. At worst, this could be construed as intentionally managed windfall.

I don't have anything at Sedo. My personal experiences with their sales, follow through, transparency and parking had led me to greener pastures long ago.

But if I did... yeah, this might have influenced my judgment with them. I, too, wonder how many others it might have (or may) affect.

GoPC

 

[domainah]

What about Rick's buy of Flowers.mobi (way back when) for $200K?

GoPC

wait,,,so you actually think he paid?... what about 50% of the other mobis at auctions , traffic, whatever that were bought by the same people in the last row ? Half of the mobis were bid up and didnt sell to real buyers IMO and at some point when nobody remembers they are going to be on the market again, but either way, it was a great way of making money as it was just used to create some false interest..the MTLD did not stop at great PR.bidding on their own domains is part of their PR...

 

[denny007]

What about Rick's buy of Flowers.mobi (way back when) for $200K?
Have we simply discounted that? Arguably a Great in the Domaining Game. Arguably a sound decision maker.

Why everyone making from Schwartz so big deal ? He is not that big as most believes. Well he is BIG MOUTH thats why maybe

 

[katherine]

Sashas has a valid point.
Where are the big end users ? So far I see domainers grabbing the most generic keywords and driving prices up.
For some reason Sony didn't think it was worthwhile to bid for music.mobi.
Oh wait Sony has got sony.mobi, still under construction but they may have other priorities after all.
At least they got their name as a defensive registration, basically the branding team did their job and that's it.

As for the .eu fiasco the extension was killed by greed, mishandling from Eurid, and excessive speculation. I see a similar scenario taking shape with .mobi.
OK I know I lack the 'vision' but the blind perceive things that most people don't

Stop thinking about now. How long did it take for corps to take notice of generic .com's? Many still won't pay big bucks for top domains in their niche. Probably took .com at least 5-7 years from 95 for them to take notice. Did AOL always own music.com? no... The list goes on. Corps never regged the generics they now own. Same could be said for .mobi. I'm not even big on .mobi but the amount of bias is silly.

Good point but... back in 1995 the Internet wasn't that big and it was still easy to overlook the WWW (even for Micro$oft). In 2007 you have no excuse for not knowing what a domain name is.

What about Rick's buy of Flowers.mobi (way back when) for $200K?

Have we simply discounted that? Arguably a Great in the Domaining Game. Arguably a sound decision maker.
...

Prime example of a man who wanted one name whatever the price.
Unfortunately it seems too many people have interpreted that purchase as a vote of confidence in .mobi. It isn't.