Ouch.com (for sell or reselling)

[Togoodhlth]

Originally posted by LewR
Watch out for the worm!!

LOL, mmmm

 

[.biz]

Originally posted by LewR
Unreal. The person who sold me Act.com sold it to two people at the same time and we didn't have this much dialog - why? We had receipts, time stamps on email - phone calls, so there was no real issue. The resolution turned out be a lucrative partnership in our case - but the bottom line was, if you are legit, the situation can be resolved and waiting for a short time to resolve it correctly is worth it.

Screaming and threatening to kill people or send the "family in the business" after people is just so assinine. It will do nothing but ruin your reputation.

Get over it.

so you were the owner of act.com that was sold for $500K, one of the top sales in domain industry.

 

[LewR]

Excellent commentary, not everything is always black and white...

 

[domainfinder]

opencg you REALLY need to get a clue !

is anyone else sick of hearing this guy whine and blame attilio because HE screwed up??

grow up already

Originally posted by opencg
the guy thats screwing me is attilio because he never payed for shit he is living free!

he is a paracyte and a disgrace he is not a man and needs to hand over my property before he get into big trouble let NSI decide or whatever registrar domains that have legal issues always get handled by the registrar he is in trouble period just for taking the law into his own hands!EOM

 

[.com.net.org]

Originally posted by domainp
Dear moderator.
if you really think that 195.161.172.* (my ip) can resolve to russia - for god sake, please tell me when you found this?
Just checked maxmind.com, geobytes.com and ripe.net
Can't see Amsterdam there

OrgName: RIPE Network Coordination Centre
OrgID: RIPE
Address: Singel 258
Address: 1016 AB
City: Amsterdam
StateProv:
PostalCode:
Country: NL

NetRange: 195.0.0.0 - 195.255.255.255
CIDR: 195.0.0.0/8
NetName: RIPE-CBLK3
NetHandle: NET-195-0-0-0-1
Parent:
NetType: Allocated to RIPE NCC
NameServer: NS.RIPE.NET
NameServer: NS2.NIC.FR
NameServer: SUNIC.SUNET.SE
NameServer: AUTH03.NS.UU.NET
NameServer: MUNNARI.OZ.AU
NameServer: SEC1.APNIC.NET
NameServer: SEC3.APNIC.NET
NameServer: TINNIE.ARIN.NET
Comment: These addresses have been further assigned to users in
Comment: the RIPE NCC region. Contact information can be found in
Comment: the RIPE database at http://www.ripe.net/whois
RegDate: 1996-03-25
Updated: 2003-04-25

TechHandle: RIPE-NCC-ARIN
TechName: RIPE NCC Hostmaster
TechPhone: +31 20 535 4444
TechEmail: [email protected]

OrgTechHandle: RIPE-NCC-ARIN
OrgTechName: RIPE NCC Hostmaster
OrgTechPhone: +31 20 535 4444
OrgTechEmail: [email protected]

 

[LewR]

.biz - yes, my partner and I ... After we resolved an even more complicated situation than this one.

 

[DomainOgre]

Originally posted by winfreecash
open, why aren't you angry at domainp for selling you a product he did not have?

That's the point I was making. These two seem to have no problems with each other and seem content with their portion of this mess.

 

[StockDoctor]

Originally posted by DomainOgre



That's the point I was making. These two seem to have no problems with each other and seem content with their portion of this mess.

I think we all see this. Smells huh?

 

[Togoodhlth]

Originally posted by jberryhill
"of course! but i still have 3k sitting out there because Attillo think he is a detective"

No, you have 3k sitting out there because you paid 3k to someone who had already accepted a deal to sell the domain name to another party and had, in fact, already transferred the domain name to another party. You don't seem the least bit concerned about whether or not the person who engaged in this double-dealing and has YOUR MONEY is going to return it to you or keep it. That strongly supports the notion that you are somehow in cahoots with or identical to domainp.

Atillio, it would be convenient if there was something called "the law" which always gave the correct answers. There isn't. As a practical matter, do you think someone in Russia or Brooklyn is going to sue someone in Mexico over $3,000? As a legal matter, since the transaction by which you obtained the domain name ocurred between domainp in Russia and you in Mexico, there is no jurisdictional connection to New York anyway.

As another practical matter, if you were convinced, on the basis of hard evidence you've seen with your own eyeballs, that the domain name was originally stolen, then do you think a thief is going to waltz into court and sue you for not paying him?

You can offer to pay a lawyer all the money in the world, but that is not going to provide the lawyer with the actual facts and documents concerning the history of this domain name and the transactions that led to it being in your hands.

Then, as someone pointed out earlier, what law would you like to apply? There is not some globally consistent body of rules that constitute "the law" - to which a single answer emerges after all the facts have been put to it. If you think you have come into possession of stolen property, then you might turn that property over to the police. If you lived in Delaware, that would be the correct thing to do with a piece of stolen property. If you want the answer for stolen property in Mexico, ask a Mexican lawyer - of course, whether a Mexican court would consider a domain name to be personal property is surely a question which the courts of Mexico have not yet resolved.

But without going into a huge digression on all of the potential issues here, suffice it to say that if there were always one and only one clear legal answer to every question, there would not be a need for courts at all. Look at every lawsuit you've seen. There is a lawyer on the side that wins, and there is a lawyer on the side that loses. Does that mean that lawyers are only "right" 50% of the time?

Given all of the crazy complexities that can grow out of this, a lawyer looks for simplifying principles. And the simplest of all principles is "minimize your exposure". So you look for things you have affirmatively done which might give rise to a claim. Now, did you steal the domain name from the original seller? No. By agreeing to buy the domain name, did you further harm the original seller? No. By not paying for the domain name, did you fail to do something you promised to do? Yes. If you return the domain name to domainp is the original seller any worse off? No.

The problem with that line of reasoning is that there is the issue of whether, if the domain name was stolen, that domainp could enforce your contract to buy the domain name? A court would likely try to find a way to answer "no" to that question. Of course, you would only be in a court attempting to answer that question if domainp sued you for breach of the sales contract.

Let me try attacking this another way. If you ask a tax lawyer, "If I find a penny on the sidewalk, then is that reportable income for federal income tax purposes?" then the answer is "of course". if you ask that lawyer if he personally has ever found a penny on the sidewalk, and has duly accounted for it and reported it on his taxes, he would laugh at you.

You are looking for someone to tell you what you *should* do. For that, you need a priest, a horoscope, a psychologist, or an oracle. The simplest legal analysis, based on only those facts which can truly be known by you with certainty, remains that you have a domain name which you acquired by promising to pay $3K.

Well written post. Attilio...I think you have a penny!

 

[domainfinder]

BINGO

Originally posted by jberryhill
" You don't seem the least bit concerned about whether or not the person who engaged in this double-dealing and has YOUR MONEY is going to return it to you or keep it. That strongly supports the notion that you are somehow in cahoots with or identical to domainp.
.

 

[Togoodhlth]

Ok, open did you understand Mr. Berryhills post. In summary. You need to go after domainp.

 

[opencg]

im done for tonite about this after Attlio is done with investigating and loving my name without any money he can tell his lawyer to call mines 917-981-0779 we will see who surposed to have the domain the thing im really frustrated about is i saw opportunity in buying a nice domain then he came in after i did and literally took my negotiations out my hand I dont know where the heck he learn his business from but domains dont come free anymore attlio and you are wrong and you know it im no scam im a honest person who did business faithfully you are the kind of people that will ruin dnforum auction reputation in the future you were wrong and I will never in my life buy another domain from anyone on this site.

 

[LewR]

Originally posted by Togoodhlth
Ok, open did you understand Mr. Berryhills post. In summary. You need to go after domainp.

So simple, yet it doesn't sink in...

 

[Donna Mahony]

Get off of Atillio...he did NOTHING wrong...LEAVE HIM ALONE and go after the guy with your imaginary 3k

 

[Togoodhlth]

Originally posted by LewR


So simple, yet it doesn't sink in...

Seriously unbelievable!
It's like nothing penetrates!

 

[StockDoctor]

Originally posted by opencg
im done for tonite about this after Attlio is done with investigating and loving my name without any money he can tell his lawyer to call mines 917-981-0779 we will see who surposed to have the domain the thing im really frustrated about is i saw opportunity in buying a nice domain then he came in after i did and literally took my negotiations out my hand I dont know where the heck he learn his business from but domains dont come free anymore attlio and you are wrong and you know it im no scam im a honest person who did business faithfully you are the kind of people that will ruin dnforum auction reputation in the future you were wrong and I will never in my life buy another domain from anyone on this site.

After that comment, I don't think anyone here would want to sell to you any more anyway.

You never answer the question we continue to ask you.

"Why aren't you going after DomainP to get your money back"

 

[Donna Mahony]

And you are dead wrong..it is people like Atillio that try to right a wrong that make a forum good. It is people like you who buy a domain and say you don't care if the circumstances are suspect and you buy from a person who openly says he doesn't care if he obtained the domain illegally.

 

[Attilio]

John Berryhill,

thank you very much for your reply, I really appreciate it.

My main problem is that I do not know what I would risk giving back the domain to domainp after having been noticed that the domain might have been stolen from the original owner and after that the same original owner showed me some evidences about that?

I ca not be sure 100% that the domain has been stolen but what I would risk if the original owner start a penal procedure and then it sort out that at the moment I had the domain under my control and was noticed that there might be a fraud undergoing I just decided to give back the domain to someone who might have been involved in the fraud?


I really do not want to keep this domain for me but as thing stand right now I will not take any action without legal assistance because I am not sure what is the best thing to do fo me now.

Thanks,

 

[opencg]

amazing! im surely getting the dogs out on attlio lets see how many friends he'll have then the difference between I and the rest I never went along with favoritism never will never made it that way anyhow.

 

[Togoodhlth]

Originally posted by winfreecash
Get off of Atillio...he did NOTHING wrong...LEAVE HIM ALONE and go after the guy with your imaginary 3k

I think we are just beating a dead horse at this point. We have asked the same questions and suggested the same thing over and over and over and over etc...

Our advice just doesn't penetrate. He is dead set on getting the name and has now worries about his money or going after the person who actually stole it...hmmmmm? Kinda' makes ya wonder...