MySpace stripped of myspace.co.uk domain victory - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**companyone** · 04-29-2008, 03:13 PM

MySpace stripped of myspace.co.uk domain victory
Nominet elections feel the hand of Rupert Murdoch
Page: 1 2 Next >
By Chris Williams → More by this author
Published Tuesday 29th April 2008 14:40 GMT

An independent appeals panel has overturned a heavily-criticised decision to hand control of the myspace.co.uk domain to Rupert Murdoch's Fox Interactive Media.

Nominet's Dispute Resolution Service (DRS), had ruled in favour of MySpace in January, despite the domain having been registered by a small British ISP six years before the US social network was founded.

Barring any possible further High Court action by MySpace accusing TWS of "passing off", the judgement, released on Thursday last week and passed to The Register today, means control of the address remains with Stockport's Total Web Solutions (TWS).

TWS managing director Paul Fallon said: "We refused to be bullied by one of the largest media organisations in the world. This has been a very stressful case for a legitimate medium sized ISP to have to take on – but we had to defend our reputation and to stand up for what was right."

A MySpace representative did not return a call requesting comment.

TWS originally registered myspace.co.uk in August 1997 to provide its clients with a cheap and easy-to-use homepage and email address in the early days of the web. It also registered bigspace.co.uk for the same purpose. 18 TWS customers still use @ myspace.co.uk email addresses.

As domains and web design became cheaper, the services became redundant, and the domain was "parked" in or before July 2004 with Sedo, a company that targets advertising links on unused domains. The following year, with the explosion of popularity of social networking, and MySpace in particular, the Sedo algorithm began serving TWS' domain with ads for services such as "MySpace Friend Adder".

The panel rejected MySpace's claim that it had rights to the domain because it is wholly descriptive of its business. The appeal then turned on two key issues to determine whether TWS' registration and use of myspace.co.uk was "abusive".

Firstly, when was the use switched to ads based on the MySpace name? The Murdoch lawyers argued that TWS had begun exploiting it when Fox acquired the site for $580m in a blaze of publicity in July 2005. The panel said it had "grave suspicions" this may have been the case, but it "simply has no way of knowing", and "cannot do other than resolve this uncertainty in favour of the Respondent [TWS]".

http://www.theregister.co.uk/2008/04...ominet_davies/

Read 2nd page for the politics behind the battle...MORE AT:

http://www.theregister.co.uk/2008/04...ies/page2.html

____
Peace,
Dan

**Rockefeller** · 04-29-2008, 03:16 PM

wow, good decision to reverse.

"Nominet's Dispute Resolution Service (DRS), had ruled in favour of MySpace in January, despite the domain having been registered by a small British ISP six years before the US social network was founded."

**draggar** · 04-29-2008, 03:16 PM

**Acro** · 04-29-2008, 03:29 PM

The pubs will stay open longer tonight in the UK

**Focus** · 04-29-2008, 03:32 PM

Damn right!, and justice for us for ONCE! Totally kick *** man, I'm gonna smoke a big phat one to celebrate!

ps - wonder how much they will have to buy it for now? (if they will even sell it)

Banned: domain newbie · 04-29-2008, 03:42 PM

they should sue Murdoch for all expenses too

**BILLBO** · 04-29-2008, 04:27 PM

In the vernacular "Bloody Brilliant!"

**jasdon11** · 04-29-2008, 04:49 PM

Quote:

Originally Posted by Acroplex

The pubs will stay open longer tonight in the UK

They're already 24 hrs!

**FuseFX** · 04-29-2008, 04:55 PM

I had raised this point in ICANN public forum to which Nominet CEO Lesley Cowley had replied in a very "play it safe" legal lingo. Good to hear that justice has been finally met!

**PRED** · 04-29-2008, 04:58 PM

A lesson.
F*ck with the British, and we f*ck you

Have to say right on to the firm not getting bullied, when you're up agianst joe bloggs it can get prohibited as lawyers are so corrupt, but to fight back against Gliath and risk everything?
well done Dvaid

**gingeman** · 04-30-2008, 08:02 AM

~Massive congrats to TWS, I hope they make a packet parking the name...

**I Sold Grandma** · 05-01-2008, 03:13 PM

Rupert's mum is pissed off about it though

**Focus** · 05-01-2008, 03:35 PM

I smel a x,xxx,xxx sale coming.....

*smell* lol

I could'nt edit it b/c this is the legal eagle forum

**flamewalker** · 05-05-2008, 04:06 PM

Cases like these always give me a glimmer of hope for the domain world...

04-29-2008, 03:13 PM	#1 (permalink)
companyone DNF Regular Name: Dan Last Online: Yesterday 05:18 PM iTrader: (31) Join Date: Jan 2004 Posts: 1,148 DNF$: 1,718 Location: Ca. USA Country:	MySpace stripped of myspace.co.uk domain victory MySpace stripped of myspace.co.uk domain victory Nominet elections feel the hand of Rupert Murdoch Page: 1 2 Next > By Chris Williams → More by this author Published Tuesday 29th April 2008 14:40 GMT An independent appeals panel has overturned a heavily-criticised decision to hand control of the myspace.co.uk domain to Rupert Murdoch's Fox Interactive Media. Nominet's Dispute Resolution Service (DRS), had ruled in favour of MySpace in January, despite the domain having been registered by a small British ISP six years before the US social network was founded. Barring any possible further High Court action by MySpace accusing TWS of "passing off", the judgement, released on Thursday last week and passed to The Register today, means control of the address remains with Stockport's Total Web Solutions (TWS). TWS managing director Paul Fallon said: "We refused to be bullied by one of the largest media organisations in the world. This has been a very stressful case for a legitimate medium sized ISP to have to take on – but we had to defend our reputation and to stand up for what was right." A MySpace representative did not return a call requesting comment. TWS originally registered myspace.co.uk in August 1997 to provide its clients with a cheap and easy-to-use homepage and email address in the early days of the web. It also registered bigspace.co.uk for the same purpose. 18 TWS customers still use @ myspace.co.uk email addresses. As domains and web design became cheaper, the services became redundant, and the domain was "parked" in or before July 2004 with Sedo, a company that targets advertising links on unused domains. The following year, with the explosion of popularity of social networking, and MySpace in particular, the Sedo algorithm began serving TWS' domain with ads for services such as "MySpace Friend Adder". The panel rejected MySpace's claim that it had rights to the domain because it is wholly descriptive of its business. The appeal then turned on two key issues to determine whether TWS' registration and use of myspace.co.uk was "abusive". Firstly, when was the use switched to ads based on the MySpace name? The Murdoch lawyers argued that TWS had begun exploiting it when Fox acquired the site for $580m in a blaze of publicity in July 2005. The panel said it had "grave suspicions" this may have been the case, but it "simply has no way of knowing", and "cannot do other than resolve this uncertainty in favour of the Respondent [TWS]". http://www.theregister.co.uk/2008/04...ominet_davies/ Read 2nd page for the politics behind the battle...MORE AT: http://www.theregister.co.uk/2008/04...ies/page2.html ____ Peace, Dan __________________ Internet Protocol Television ~~ Private Labeled Reseller Web Hosting Special From The New KIOSK Network

04-29-2008, 03:16 PM	#2 (permalink)
Rockefeller Name: Justin Godfrey Last Online: Yesterday 03:48 PM iTrader: (361) Join Date: Apr 2005 Posts: 7,447 DNF$: 3,029 Location: Sheboygan, WI Country:	wow, good decision to reverse. "Nominet's Dispute Resolution Service (DRS), had ruled in favour of MySpace in January, despite the domain having been registered by a small British ISP six years before the US social network was founded." __________________ Domain name newsletter

04-29-2008, 03:16 PM	#3 (permalink)
draggar The Evil Mod Name: Ed Last Online: Today 12:58 PM iTrader: (36) Join Date: Dec 2007 Posts: 8,360 DNF$: 103 Location: South Florida Country:	Wow! __________________ Get a Parked.com account today! What's on Draggar's mind? Find out at http://www.draggar.net I'm always looking for dog breed domains

04-29-2008, 03:29 PM	#4 (permalink)
Acro Bloody lovely Last Online: Today 02:57 AM iTrader: (394) Join Date: Feb 2004 Posts: 23,904 DNF$: 4,079 Location: USA Country:	The pubs will stay open longer tonight in the UK __________________ DomainGang.com - Domainers' Most Awesome News Source Acroplex - Web & Graphics Acro.net - My Blog My Countdown Counting down to: Snapnames rebate hitting my mailbox 78 days 10 hours 50 minutes

04-29-2008, 03:32 PM	#5 (permalink)
Focus Making Everything Click Name: Chris Last Online: Today 10:56 AM iTrader: (112) Join Date: May 2005 Posts: 9,415 DNF$: 15,390 Location: Dirty South Country:	Damn right!, and justice for us for ONCE! Totally kick * man, I'm gonna smoke a big phat one to celebrate! ps - wonder how much they will have to buy it for now? (if they will even sell it) __________________ Selling the tremendous domain name : FLUS dot com** must see unbelievable price & opportunity! Hurry! Last edited by Focus; 04-29-2008 at 03:33 PM.. Reason: Automerged Doublepost

04-29-2008, 03:42 PM	#6 (permalink)
Banned: domain newbie Account Terminated Last Online: 06-19-2008 12:08 PM iTrader: (22) Join Date: Mar 2005 Posts: 2,891 DNF$: 12,740 Location: my home is where my bank account is Country:	they should sue Murdoch for all expenses too

04-29-2008, 04:27 PM	#7 (permalink)
BILLBO Last Online: 11-16-2009 05:02 AM iTrader: (18) Join Date: Dec 2005 Posts: 2,330 DNF$: 459 Location: England Country:	In the vernacular "Bloody Brilliant!" __________________ JesusChri.st....... ChristJes.us....... Arkans.as.......Wiscons.in.......Fig.ht If interested then PM me!

04-29-2008, 04:55 PM	#9 (permalink)
FuseFX DNF Addict Last Online: 11-19-2009 09:03 AM iTrader: (34) Join Date: Jun 2004 Posts: 1,636 DNF$: 5,995 Location: Jaipur Country:	I had raised this point in ICANN public forum to which Nominet CEO Lesley Cowley had replied in a very "play it safe" legal lingo. Good to hear that justice has been finally met! __________________ - Domain Flipping Tutorial \| How to Choose a Web Host

04-29-2008, 04:58 PM	#10 (permalink)
PRED Last Online: Today 11:12 AM iTrader: (118) Join Date: May 2006 Posts: 7,967 DNF$: 1,081 Country:	A lesson. Fck with the British, and we fck you Have to say right on to the firm not getting bullied, when you're up agianst joe bloggs it can get prohibited as lawyers are so corrupt, but to fight back against Gliath and risk everything? well done Dvaid __________________ For Sale for a Limited Time. Offers via PM

04-30-2008, 08:02 AM	#11 (permalink)
gingeman Name: Chris Last Online: Today 08:56 AM iTrader: (64) Join Date: Apr 2006 Posts: 1,516 DNF$: 804 Location: A95.com Country:	~Massive congrats to TWS, I hope they make a packet parking the name... __________________ Accurate Names Sign Up for the accuratename.com newsletter FOR SALE NOW: W-U.com $6k

05-01-2008, 03:13 PM	#12 (permalink)
I Sold Grandma Name: Joe Honan Last Online: Yesterday 07:41 AM iTrader: (104) Join Date: Mar 2003 Posts: 3,798 DNF$: 4,017 Location: Melbourne Australia Country:	Rupert's mum is pissed off about it though __________________ APN.net JCL.net www.JoesNames.com mwC.net , RhL.net , drV.net , wpk.com , ore.net ,interest.net , Lesson.org

05-01-2008, 03:35 PM	#13 (permalink)
Focus Making Everything Click Name: Chris Last Online: Today 10:56 AM iTrader: (112) Join Date: May 2005 Posts: 9,415 DNF$: 15,390 Location: Dirty South Country:	I smel a x,xxx,xxx sale coming..... *smell* lol I could'nt edit it b/c this is the legal eagle forum __________________ Selling the tremendous domain name : FLUS dot com must see unbelievable price & opportunity! Hurry! Last edited by Focus; 05-01-2008 at 03:35 PM.. Reason: Automerged Doublepost

05-05-2008, 04:06 PM	#14 (permalink)
flamewalker Platinum Lifetime Member Last Online: 11-05-2008 09:14 PM iTrader: (0) Join Date: Mar 2006 Posts: 160 DNF$: 128 Location: CA, USA	Cases like these always give me a glimmer of hope for the domain world...

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