False Registration Info

**GaryBeam** · 08-01-2003, 05:02 PM

Advise Needed!

The owner of a porn site called today and threatened me with legal action for stealing images from his site for use on my www.extasex.com site. I explained that I did not own that domain name and that I did not do porn. He stated that according to WhoIs, I indeed am the domain name owner.

Sure enough, some clown used my www.ext.com contact info (except for email address) to register that domain name through StarGate. Several calls to StarGate this afternoon yielded nothing as no live person would ever answer.

The guy that called me claims that I am legally responsible for stealing his images since I am the legal owner of the extasex.com domain. I said no way ... the registration was forged.

Any advise of how to handle this mess??

Thanks,

GB

**actnow** · 08-01-2003, 09:08 PM

So, you are guilty til proven innocent.

You can wait for some legal advise. But, I would suggest you
invest a couple dollars. And, send StarGate a certified letter stating your situation. Notifying them that you will hold them responsible for any legal cost you may incur. Plus, I would also
send a certified letter telling the other porn site that you are
not the owner of the site, etc, etc.

You will feel a lot better after doing that. And, it will move the ball back into StarGates "court".

**GaryBeam** · 08-01-2003, 10:49 PM

Originally posted by actnow
So, you are guilty til proven innocent.

Yep ... married with children, yet being called a crook by a pornmaster. Go figure ...

I finally got hold of StarGate ... they promised to remove my contact info from the bogus registration, but so far it's still there. Will probably do the certified letter thingie as you have suggested.

Thanks for the input ActNow.

GB

**GT Web** · 08-02-2003, 01:44 AM

thats BS....I am not an expert on these issues, so all I can do is wish you the very best luck!

**GaryBeam** · 08-02-2003, 03:39 AM

Originally posted by GT Web
thats BS....I am not an expert on these issues, so all I can do is wish you the very best luck!

Thanks GT. It's now been 10 hours since Josh at Stargate assured me that my contact info would be removed from the fraudulent registration. But, it's still there.

Also did a check on StarGate with the Better Business Bureau. Not too good:

http://www.chicago.bbb.org/common.ht...ompid=72000995

Looks like fixing this identity-theft BS is going to be painful.

GB

**GaryBeam** · 08-02-2003, 10:29 AM

Originally posted by GaryBeam

Looks like fixing this identity-theft BS is going to be painful.

GB

I think I made an understatement.

I just discovered that I am also the proud owner of www.badwifeporn.com thanks to StarGate's fine registration process. Actually, StarGate has this one listed with Registrar-Hold status, but still shows all my contact info.

Lost in the fog ...

GB

**GeorgeK** · 08-02-2003, 10:31 AM

Gary: I believe Stargate's public WHOIS only updates once every 12 hours, or once every 24 hours (some other registrars also do that "batch update", instead of updating in real-time).

Hopefully it'll update later today.

**GaryBeam** · 08-02-2003, 10:42 AM

Originally posted by GeorgeK
Gary: I believe Stargate's public WHOIS only updates once every 12 hours, or once every 24 hours (some other registrars also do that "batch update", instead of updating in real-time).

Hopefully it'll update later today.

Hope you're right and that corrections are forthcoming. It's been 17+ hours since I spoke with someone at StarGate.

Thanks GK.

GB

**actnow** · 08-02-2003, 10:28 PM

Gary, congratulations on also owning badwifeporn!

If this continues, you might be able to negotiate for better deals since you own so many domains.

**GaryBeam** · 08-02-2003, 10:53 PM

Originally posted by actnow
Gary, congratulations on also owning badwifeporn!

If this continues, you might be able to negotiate for better deals since you own so many domains.

I hate to think what else might be out there! Or what might happen next.

Thus far we have:

1) Identity Fraud in using my company name to register two porn domain names at StarGate.

2) Threat of lawsuit by a pornmaster who insists I am legally responsible for stealing images from his site for use on the two fraudulent domain name sites in item (1) above.

3) Lies from StarGate support person who stated on Friday he would immediately remove my contact info from the domain names in item (1) above.

I sure wish a domain name lawyer would stop by this forum and offer some suggestions! As it looks now, the forthcoming text for item (4) will simply read I'm Screwed!

GB

**jberryhill** · 08-02-2003, 11:20 PM

If they won't take your data out of the whois record, then ask them how you can change the admin contact email address using a paper process. Then, you can tank the domain name.

**Mr Webname** · 08-03-2003, 02:02 AM

Originally posted by jberryhill
If they won't take your data out of the whois record, then ask them how you can change the admin contact email address using a paper process. Then, you can tank the domain name.

I have just discovered that my details have also been applied to a domain that I do not own - fortunately without Gary's problems.
When you say "... you can tank the domain name." John, what do you actually mean in legal terms and is that firm legal advice?

Thanks

**GaryBeam** · 08-03-2003, 02:13 AM

Originally posted by jberryhill
If they won't take your data out of the whois record, then ask them how you can change the admin contact email address using a paper process.

John:

Seems like that would then make me the legal owner, thus giving the pornmaster a green light to sue me. Or am I misunderstanding something.

Thanks,

GB

**jberryhill** · 08-03-2003, 01:58 PM

"is that firm legal advice?"

On a public bulletin board? No. It is one of several practical suggestions that have nothing to do with legal advice. I am not Gary's lawyer, nor am I your lawyer.

There have been situations in the past where someone has used another's identity to register a domain name and do various kinds of mischief. For example, a few months ago someone had registered a domain name as the son of the chairman of Dow Chemical, and had sent out a mass email about the Bhopal incident. In order to rapidly shut down the corresponding site, the chairman's son assumed control of the domain name and then switched the nameservers.

In Gary's situation, he might consider copying his correspondence with Stargate to the complaining party, so that they understand he did not register the domain name and that he is taking steps to disassociate from it. If I were him, I wouldn't take control of the domain name without first explaining to the complaining party what he is attempting to do.

**Mr Webname** · 08-03-2003, 02:22 PM

Then, you can tank the domain name.

It is one of several practical suggestions that have nothing to do with legal advice

So is it a suggestion that is lawful or just expedient?

**bidawinner** · 08-03-2003, 04:38 PM

Originally posted by jberryhill
If they won't take your data out of the whois record, then ask them how you can change the admin contact email address using a paper process. Then, you can tank the domain name.

exactly !

**bidawinner** · 08-03-2003, 04:48 PM

GaryBeam. I would also work with the people that are threating to sue you. As much as it will probable pain to work with some accussing you of being of being in thief it is in your best interst to get the good side of the "clown"

It isnt a matter of you being right.. you can easily prove that if taken to court .. it's the EXPENSE of proving you are right.

Explain again to the gentleman that you UNDERSTAND HIS situation and that you are going to do what you can from your end to not only put and end to the theft of his material but also clear your name.

Explain the situation again with him (that it isnt your site, and that someone has stolen your identity) and explain that you are working to clear the problem (the best way is the way John suggested IMO) also ask him for any suggestions HE may have..

That would be my approach..

No need for this to be a major legal expense for you or him...

Good Luck..

**jberryhill** · 08-03-2003, 05:01 PM

"So is it a suggestion that is lawful or just expedient?"

I'm not sure I understand the question. It is one thing that people do in these types of situations. It is not "unlawful", if that is your question.

Another thing to do is to submit a whois data accuracy complaint against the nameservers for the domain name in question - ultranameserver.com - as the whois data for that domain name is clearly inaccurate.

"Seems like that would then make me the legal owner, thus giving the pornmaster a green light to sue me. "

If the pornmaster believes you are the registrant of the domain name, then there is nothing stopping him from suing you anyway. Getting in contact with him, explaining the situation, and saying "Here's one thing we can do, do you agree that we should try to do it?" is the simplest route toward getting his consent to disable the domain name by taking over operational control of it.

**GaryBeam** · 08-03-2003, 11:27 PM

Thanks to all that have participated in this discussion.

As suggested, I just sent the porn site owner an Email outlining my upcoming attempt to assume control of the domain names, along with my assurance to him that they will be rendered useless if I succeed.

Some questions ...

1) Do I wait for the porn site owner to reply before contacting StarGate?

2) Anyway of finding out how many other domain names I might "own" but not be aware of?

3) Anyway of excluding contact info contained in public WhoIs?

4) Would filing an Identify Theft report with the local police (which could certainly be an interesting event) be to my benefit?

5) Anybody got a bottle of Jack Daniels they'd like to contribute to my cause?

Again, thanks to all for the input ... it is Very Much appreciated!

GB