Stolen Domains

[Sheva]

Originally posted by DomainSage
Andate tutti a 'fanculo

senti penso che tu sei tutto scemo e solo un QUAQUARAQUA

translation: he said "**** you everyone"

I told him : "I think you are very stupid and do just blablabla....

PS: very hard to translate quaquaraqua but for Italian people they know what means

 

[izoot]

so its not even a real question....and you get pissed off at the responses you get...lol

You asked a question here...Mr.Berryhill was kind enough to respond to it....he was not obligated too do so. He didn't tell you what you wanted to hear and you immediately disrespected him, instead of simply saying thanks for your time and moving on. (all you have to have done is follow his posts here to see that he knows what he's talking about. Not to mention the praise he recieves from other members and clients)

With the kind of response you gave him...I wouldn't expect too much more help without putting down a retainer.....

 

[Donna Mahony]

Please don't waste this free valuable resource with hypothetical questions. Lots appreciate the help. You are wrong here DS.

 

[Sheva]

Izoot, I think we are loosing our time here

 

[NamePopper.com]

(MikeMike - Thanks for the translation. Very helpful.)

DomainSage - Hey man.... stop the buggy and let us get off - because your horses have run out of control.

(Hopefully - that translates well into all languages.)

 

[izoot]

I agree...this thread has turned into a waste of time...

Too bad, I've spoken with Domainsage a number of times in chat and never saw this side of him. I'll chalk it up to him having a bad day and not chosing the correct way to express his thoughts.

But I do think he owes Mr.Berryhill an apology.

 

[Sheva]

Originally posted by NamePopper
(MikeMike - Thanks for the translation. Very helpful.)

DomainSage - Hey man.... stop the buggy and let us get off - because your horses have run out of control.

(Hopefully - that translates well into all languages.)

Namepopper, you are welcome.

 

[NamePopper.com]

Heyo Zoot - how ya doing?

 

[Sheva]

Originally posted by izoot
I agree...this thread has turned into a waste of time...

Too bad, I've spoken with Domainsage a number of times in chat and never saw this side of him. I'll chalk it up to him having a bad day and not chosing the correct way to express his thoughts.

But I do think he owes Mr.Berryhill an apology.

izoot, agree with you 100%.

Mike

 

[HOWARD]

Thank you for your kind remarks, but John Berryhill was absolutely correct and happens to be an excellent lawyer that I and other attorneys on this board admire.

The real issue, in addition to what John said , is, there is usually a Statute of Limitations that would prevent you from making a claim of theft after 2 years. In addition, the doctrine of "laches" would also prevent you from making this claim as the law believes that if you know of a theft and do nothing about it for 2 years, you have generallylost your opportunity to make a claim.

 

[jberryhill]

Sometimes questions like this are really, "I stole a domain name two years ago, and I want to know if I am safe from liability yet."

But, yes, by all means, the BEST lawyers are the ones who have a pat, certain, and simple answer to every conceivable question, regardless of how factually incomplete the question. <chuckle>

The problem is that in real life, things are very seldom cut-and-dried, or black-and-white. Real life situations are messy. It's not "what do I need to prove I had a domain two years ago", it is "this is what I have today, can you make a case out of it".

There is no legal fairy godmother who has decreed, "In order to prove you had a domain name two years ago, you need X, Y, and Z".

If the cause of action is "theft", then the statute may be two years in some states. However, no court has ever recognized a domain name as property subject to theft or conversion. That doesn't mean a court never will, but it would just make it harder.

The statute of limitations for contract-based actions can be much longer than that (e.g. five years in Delaware). If there had been some kind of contractual relationship - such as the common situation where a technical employee or outside tech contractor runs off with the company domain name - then you might have some grist for the contract mill there. Or if the registrar had made some kind of error under the domain name registration contract, you might have another angle. It depends on *what happened*.

But, yeah, the guy wants *the* correct answer to the question.... yah right. I guess we should just check the stone tablets which Jehovah engraved with the Rules For Domain Names.