So the email was created from the whois, clicked the forgot password, password sent to that email address ....someone went in....hacked into the account, changed passwords, stole the domain name ......i hate to say this but his one smart cookie ...
Taking over dis-used hotmail/yahoo/aol/earthlink/etc. admin contact email addresses is a fairly common hi-jacking technique.
It is a requirement of maintaining a domain registration for the registrant to maintain up-to-date and complete registration data. Breach of that obligation provides the registrar with the discretion to revoke the domain name registration. It does not, however, vest third parties with a right to falsely represent themselves as the registrant. The option to void the registration contract rests solely with the registrar, and was not exercised in this instance.
What are you talking about?? Totally untrue!
If that's the case, NetSol could have retrieved it back per ICANN policy already!
Under what ICANN policy? First off, if it was done through the expired admin contact email address, that is a contact on which the registrars are entitled to rely. That facet of ICANN policy does not rule out a subsidiary identity theft, which is what the use of the expired email address boils down to. Second, invocation of the TDRS is entirely discretionary with the registrars. Just because NSI could hypothetically complain, but didn't, is not evidence that the name was not hi-jacked. For a $20 contract, it is not cost-effective for them to bother.
AlienGG's representation to have registered the domain name using "a script" of some unidentified sort is not credible. The domain name appears to have been transferred out of NSI a day before it would otherwise have gone into redemption. Given that NSI ships names directly from redemption to SnapNames, and earns a lot of revenue by so doing, the notion that NSI's system malfunctioned in some way is extremely improbable at best.
If one is using the "stale admin email" method of domain hi-jacking, on the other hand, it is prudent to wait until the last possible minute to pull off the hi-jacking. The assumption there, of course, would be that the registrant had died, moved on, or otherwise didn't care about the domain name enough to renew it. Again, those circumstances are not an excuse for identity theft.
I will do my best to verify the source AlienGG claims to have bought the domain from.
Is he now claiming that he bought the domain? That was not his original claim.
however, in addition to a copy of your first request, you also sent me a C&D which really really disappointed and upset me. you would have had that domain more than a month ago if you just resent me the request email leaving alone the C&D. your threat only made things worse.
Bullshit. Even if, through some dubious miracle, you did not hi-jack the name, you understand perfectly well that all of the relevant circumstances here point toward a reasonable conclusion that you did hi-jack the domain name. Whether someone hurt your feelings is irrelevant (aside from which you posted a legal threat right here in this thread).
So, let's boil this down to its essence. You are claiming that you know the domain name was misappropriated, and that you would be willing to transfer the domain name back, but for the fact that the person from whom it was stolen demanded that you do so?
I'm not buying that.