Sedo .mobi Auction: Legal Suit Pending - ALL Original Winners - Join Us Now

**DTalk** · 12-20-2007, 01:38 AM

Ladies & Gentlemen…

A group of us have come to the conclusion that the only fair resolution for this matter, is for an impartial legal court to decide what is right and fair…And, so, we intend to file legal suit, very shortly, so that the matter can be resolved impartially

We believe its not only in the interests of individuals to have an impartial ruling on this - but that - in clearing up the uncertainty - we feel it is also in the best interests of the domain community to establish a clear precedent about online auction processes, in these kind of situations, for the future.

So...:

ALL ORIGINAL WINNERS FROM THE 1ST AUCTION (INCLUDING 2ND AUCTION WINNERS THAT ALSO WON NAMES IN THE 1ST AUCTION) – ARE INVITED TO JOIN OUR LAW SUIT - PLEASE CONTACT ME ASAP (by PM, or by email: talktimes@hotmail.com)

We are a group of original winners (1st auction) that has secured the services of a top international lawyer - with domain law expertise - and, we have taken extensive legal advice on this matter. There have been extensive discussions with both sedo & mTLD counsel in an attempt to settle this fairly, and amicably. Compromise proposals have been canvassed with mTLD - and rejected. sedo/mTLD have changed their position on this several times (see below). The issues, and the legal position, are known.

THIS GROUP OF ORIGINAL WINNERS HAVE BEEN ADVISED THAT THE LEGAL CASE IN SUPPORT OF THEIR RIGHT TO THE DOMAIN NAMES IS VERY STRONG.

In our view, Sedo/mTLD have managed matters so poorly, that - on their latest position - there are (and will) be no fewer than three groups of people that could be said to believe that they have a rightful claim to the same domain names:

(a) The original auction winners

(b) The 2nd auction winners

(c) And, now (possibly) the’ re-run’ auction winners.

We say this is unsatisfactory - and unfair - to all concerned.

The facts (in outline) - not in dispute - are these:

Sedo/mTLD:

(i) Closed the 1st auction, accepted the highest bids for the 1st auction - and declared & confirmed, in writing, the highest bidders as the winners;

(ii) Then, after they had declared the 1st auctions closed, they declared an ‘extension’ of the 1st auction - some time later - and, re-opened the auctions they had already closed - and then proceeded to accept bids, during this ‘extended’ auction, for the same names - and, ultimately, declared & confirmed, in writing, a second group of highest bidders as winners, for these same names;

(iii) Then, they - days later - declared both auctions that they had previously - separately - declared valid, and binding - to be somehow now void

….Now, they say they will ‘re-run’ the auctions all over again, in January, 2008.

We believe that this state of affairs is not fair to ANY of these groups of people - And that the only really fair thing to do, would be to ask a court to decide the matter. This we intend to do.

We truly regret that it has come to this. We know many would prefer to just let it go - and, simply accept the latest of several different Sedo/mTLD 'decisions' on this, but we don't think that's fair.....As mentioned above, we have tried hard to resolve this amicably....But, we failed.....We believe its not only in the interests of individuals to have an impartial ruling on this - but that - in clearing up the uncertainty, its also is in the best interests of the domain community to establish a clear precedent about online auction processes, in these kind of situations, for the future.

We kindly ask that the domain community please respect our right to ask an impartial body (the court) to rule on this….We believe that - this way - is the only fair way a resolution can be found that we can all accept - whatever that decision maybe.

ALL ORIGINAL WINNERS FROM THE 1ST AUCTION (INCLUDING 2ND AUCTION WINNERS, THAT ALSO WON NAMES IN THE 1ST AUCTION) - THAT WOULD LIKE TO JOIN THIS SUIT - PLEASE CONTACT ME ASAP (either by PM, or by email: talktimes@hotmail.com)

Thank you.

.

**lordbyroniv** · 12-20-2007, 01:41 AM

give up

suit has little merit imho

any judge, on these facts , would simply suggest u bid in upcoming auction

**DTalk** · 12-20-2007, 01:48 AM

That isn't our legal advice...

Contract law is very clear.

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**CureCancer** · 12-20-2007, 01:55 AM

Originally Posted by DTalk

That isn't our legal advice...

Contract law is very clear.

.

yes you are right, but sedo state in their documents you sign... that they are not liable for this type of error...

i thought i read that somewere! not sure... can someone point this out?

so a law suit will fail in court

**DTalk** · 12-20-2007, 02:13 AM

mTLD are the Seller....The binding Contract is with the Seller, not sedo (sedo are just the auctioneers).

Our position is the moment the 1st auction closed, and confirmation emails were received, the auction was over, and a binding contract between buyer & seller was in place....All later auctions, re-runs, extensions - whatever - are invalid & simply don't count.

We intend to ensure that the Seller (mTLD) honour that contract with the bidders.

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**CureCancer** · 12-20-2007, 02:23 AM

Originally Posted by DTalk

mTLD are the Seller....The binding Contract is with the Seller, not sedo (sedo are just the auctioneers).

Our position is the moment the 1st auction closed, and confirmation emails were received, the auction was over, and a binding contract between buyer & seller was in place....All later auctions, re-runs, extensions - whatever - are invalid & simply don't count.

We intend to ensure that the Seller (mTLD) honour that contract with the bidders.

.

who issued the emails SEDO or mTLD? if the emails were issued by SEDO, then mTLD is not liable..since they were not aware of the glitch.. this is a sedo matter!

**jaydub** · 12-20-2007, 02:34 AM

If sedo allows this auction to close and restart they could be setting a dangerous precedent for future auctions to fall back on...
I don't like what I got offered in my name auction...claim I thought there was a glitch in the system...auction cancelled. A little over simplified maybe but...

**DTalk** · 12-20-2007, 02:39 AM

Originally Posted by BATMAN

who issued the emails sedo or mTLD? if the emails were issued by sedo, then mTLD is not liable..since they were not aware of the glitch.. this is a sedo matter!

I have email from mTLD - after the 1st auction - confirming explicitly that they auctioned the names under Sedo TOS..

...and Section 5.1.2.7 of Sedo TOS states explicitly that the last highest bid visible - if an auction page becomes unavailable - binds BOTH the bidder AND the Seller (mTLD), at that price shown, when the time expires.

Anything after that 1st auction closed - 'extensions', 2nd auctions, 're-runs', is invalid....There is a Binding Contract in place between bidder & mTLD from the moment the 1st auction closed, and confirmation emails were received.

The legal advice is clear.

_____________________________________

And...by the by...

Will this action hurt .mobi?

It does so happen that - this time - it happens to be a dispute involving the .mobi extension....But, it could just as well have been an eBay auction for valuable collector cars...

At heart, this is really a dispute about what is the right thing, in all online auction processes, when something goes wrong at the auction...

I believe people will see that noone's claiming there's anything wrong with .mobi in this dispute.....mobi, itself, imo, won't be damaged (in fact, a lot more people may well hear about .mobi, through the media reporting)....

But, people do see that there may well be something very wrong with the safety & certainty of online auctions (and, maybe, at least one of the prominent online auctioneers)....and they want it fixed up....People will see the difference between the two, imo.

We think its time that legal certainty was brought to the rights of bidders & sellers - and their exact - relationship with the auction house.

We also, want an impartial court to weigh up exactly who owns these domains, and rule on it.

Painful though it is, I'd like to think most people would be relieved to know an impartial answer - rather than just have to accept Sedo or mTLD's preferences on the matter.

.

**CureCancer** · 12-20-2007, 02:45 AM

i agree its not fair to inform the bidder they have won and then find out your the loser...

**DTalk** · 12-20-2007, 03:55 AM

interested parties...

If any original (1st auction) winners - or winners of both 1st & 2nd auctions - would like to join our action - please contact me, as per above.

Many thanks.

.

**simon** · 12-20-2007, 04:19 AM

if you are so active in domain bidding and following the domain market, i doubt why you didnt enter this forum much earlier and all of a sudden you join the forum just this month and start collecting people for the lawsuit. i doubt if people will trust you enough to give their details
sounds something fishy here

ps. and your post activity ( quoting and other style) suggests that you are not a newbie to this forum

**denny007** · 12-20-2007, 04:26 AM

Will this action hurt .mobi?

Actually it pretty much HELPS .mobi, so much that I can smell .mobi behind your "lawsuit" (which will never happen anyway). Or you are just a madman with lotta money to burn, but I still would guess the former...

If sedo allows this auction to close and restart they could be setting a dangerous precedent for future auctions to fall back on...

Namejet does that EVERY SINGLE DAY - whenever someone does not pay they restart auciton (and go from private to public one)

**domainah** · 12-20-2007, 04:47 AM

honestly, whoever is buying .mobis and is surprised that there is something going on thats not clean should not be entitled to anything, its clear that this whole Mtld is a scam..you should stop buing mobis and focus on real domain, if you are interested in top generic names PM me.

**DTalk** · 12-20-2007, 05:30 AM

Originally Posted by simon

if you are so active in domain bidding and following the domain market, i doubt why you didnt enter this forum much earlier and all of a sudden you join the forum just this month and start collecting people for the lawsuit. i doubt if people will trust you enough to give their details
sounds something fishy here

ps. and your post activity ( quoting and other style) suggests that you are not a newbie to this forum

Fair question...

I'm a relatively new domainer - been active for about 12 months. I own about 1100 domains - including a number of Premium .mobis..

I'm known at NamePros & Mobility as Domain Talker - I've never posted on DNForum before.....But, both are vBulletin forums, so, obviously I'm familiar with the process.

I've posted the same message on those other forums. We're looking to get a group together for this to help spread the cost of the legal action....So, its logical to post in places where domainers gather...Also, we'll spreading the word through blogs etc.

There's no mystery - I'm a domainer that won 4 Premiums at the 2nd sedo .mobi auction - and, at the 3rd auction, I think what was done was not right....Hence the legal action.

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**denny007** · 12-20-2007, 05:32 AM

I'm a domainer that won 4 Premiums at the 2nd sedo .mobi auction

"Premium .mobi" is an OXYMORON

**DTalk** · 12-20-2007, 05:41 AM

Originally Posted by denny007

Actually it pretty much HELPS .mobi, so much that I can smell .mobi behind your "lawsuit" (which will never happen anyway). Or you are just a madman with lotta money to burn, but I still would guess the former...

(sigh)....Lets leave the 'conspiracy' theories out of all this, eh...?...Geez, denny, with that thinking, maybe YOU are .mTLD, trying to undermine this thead...?...lol

Its not rocket science....There are a lot of people that think what sedo/mTLD did sucks...We've tried negotiating, but every day they seems to come up with a new 'decision' about it...

These are premium .mobis - potentially (if .mobi takes off) some of the most valuable internet real estate around.....We, original winners reckon we won the names we bid for as highest bidder, fair and square....Its simple...We want them back....And, we're prepared to fight for it.

.

Originally Posted by denny007

"Premium .mobi" is an OXYMORON

Fine...you're opinion....

If you don't like it....leave us to get on with it, then...

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**denny007** · 12-20-2007, 05:44 AM

One day you will be GLAD you did not win the auctions...

If you don't like it....leave us to get on with it, then...

I am leaving you, but if there is something funny I must make fun of it, can't help it...

**sashas** · 12-20-2007, 08:04 AM

denny just hates .mobi because his Google.mobi typos don't get any traffic

**denny007** · 12-20-2007, 08:13 AM

denny just hates .mobi because his Google.mobi typos don't get any traffic

Nooo - I do NOT hate it. I actually love .mobis, because it is sucking lot of capital so less competition in areaas which really matters. And those google.mobi typos I have as an indicator if I am wrong or not. I have 5 .mobis, 4 of it Google.mobi typos. Last 2 month stats: EVERY .mobi I have had 23~28 visitors.

**Acro** · 12-20-2007, 08:29 AM

Originally Posted by jaydub

If sedo allows this auction to close and restart they could be setting a dangerous precedent for future auctions to fall back on...
I don't like what I got offered in my name auction...claim I thought there was a glitch in the system...auction cancelled. A little over simplified maybe but...

Already happened in the boot.net auction.