Moniker Finished ?

[ohkus]

If this is what happened, I dont see how anyone can hold Moniker liable, especially if it's noted in the T&C.

Years ago, this one guy ripped off some watermarked images off my site, he didn't use private whois so I was able to contact him and after a week he eventually removed them... Now if he had private whois and I couldn't get hold of him, what I hear BritishBulldog saying is; I would have to obtain a court order, which would require hiring an Attorney and paying out of pocket legal fees and court costs, just so I could contact him to remove images that HE stole?.... Is this the way you guys think it should work?

You can contact someone without getting their details, privacy services offer email forwarding and will forward telephone messages. With fabulous messages left are sent in an mp3 to your email and if the person is ignoring you then I guess you would have a legal case.

[trader]

Thanks mate i tried to keep in private but to no avail,got zero response from moniker then Bari stepped in and still not resolved. All i ask is produce the C&D and i will comply but they have not because they have not got one and what got me they were threatning to hand of my details to this guy who could be any tom,dick or harry. Thanks Bassel !

Same with me. There was no C&D, merely an email complaint (unjustified btw) from someone who could have been anyone as you said. There was no investigation or verification at all.

When that happened I laughed to myself thinking how stupid it is for so many domainers to pay all that money for private whois when it is basically worthless as it looks like anyone can send a simple email and get the whois info direct from the Moniker Legal Dept in L.A.

You see no disrespect you don't know what you are talking about.you have to follow C&D protocal which needs a dMCA notice this has not been followed othewise for a laugh we could go around making complaints about any domain which has privacy and find out who owns it and you think thats fair ?
Give me a break !

Thats what i'm trying to find out,there has been no DMCA shown by moniker which could mean it could be you or anybody else on here or in the world i just don't know,look at the above post you cannot just remove stuff because a dick head has sent an email to moniker otherwise the whole privacy thing would fall apart and there would be no point in it,if it all it takes is me to send a BS email to find out who owns the domain.

Agree fully, why have private Whois if it's not really private? Isn't that like the fee for the service being wasted money. Can you imagine how much is involved in fees paid in total.

[Raider]

You can contact someone without getting their details, privacy services offer email forwarding and will forward telephone messages. With fabulous messages left are sent in an mp3 to your email and if the person is ignoring you then I guess you would have a legal case.

I've had so many problems with receiving email using private whois, that I don't use it on 99% of my domains... The Registrars I had this problem with are Enom and Godaddy, I haven't tried Moniker so I cant say if they have the same problem... The point is; you run a greater risk of not receiving email when it's run through private whois, at least in my experience.

[Bionic]

On the one hand, the registrar is responsible for the legality of content on their domains, and it's more difficult to take legal action against someone who you don't know their name.

On the other, passing emails to the domain owner should be sufficient to settle most problems, they seem to be 'blackmailing' domain owners into responding. Moniker should examine the evidence and only give out whois info if there is a breach of TOS.

[Cartoonz]

Whois Privacy is and always has been a joke in this respect. GoDaddy/eNom/Moniker/etc. will ALL roll over and give up your info on a privacy "protected" domain with little more than an email. Sad but true FACT.

Realistically, a Registrant should not reasonably expect the Registrar to put themselves in any sort of "middleman" position or set themselves up to be party to a lawsuit. This is why, if you do bother to read the "T&C's" of any of these registrars you will see the same weak protection that is really being offered - they can and WILL give you up.

Is this right? Probably depends on which side of the fence you happen to be sitting on...
Registrants seem to universally think that it will take an order from the court to break the Privacy shield, and perhaps that SHOULD be the case but, sadly, in practice it is not.

GoDaddy will even charge you for this as well! Yes, after you pay extra for protection, they charge you more when they fail to protect you... nice, huh?

BB - I get why you're cranked over this, and rightfully so. But the bottom line is that you need to deal with whomever this wanker is claiming copyright and be done with it.
From Moniker's own T&C's, they should have already forwarded you everything that the complainant sent them. If they have not, then they really suck for not following their own stated protocols. If they have - Deal with it already.

Bari - You might want to rethink the cheerleader enthusiasm making blanket statements about "NEVER", "BEST IN THE INDUSTRY", ETC., especially when you've made it clear in this thread that you really do not know what/when/where will/can happen in situations like this (since you do not work in Legal). From all I've seen over time, you have intervened many, many times for members here to resolve problems and have earned respect for that but, seriously, there are other Registrars with just as strong - if not better in some respects - security as you have. That's why the definitive statements are beginning to work against you. And, yeah, being hot doesn't hurt. (Hey, I did have to reference that... haha).

I don't use Privacy Protect for a variety of reasons as well as the reality that has been illustrated by this instance. That, and everything else in this post, is just my take on it. Your mileage may vary.

[Raider]

Correct me if I'm wrong, but Moniker does not charge for whois privacy correct?

[tristanperry]

The cost on my account is $1.00 per year ($4.00 per year 'retail')

[britishbulldog]

If this is what happened, I dont see how anyone can hold Moniker liable, especially if it's noted in the T&C.

Years ago, this one guy ripped off some watermarked images off my site, he didn't use private whois so I was able to contact him and after a week he eventually removed them... Now if he had private whois and I couldn't get hold of him, what I hear BritishBulldog saying is; I would have to obtain a court order, which would require hiring an Attorney and paying out of pocket legal fees and court costs, just so I could contact him to remove images that HE stole?.... Is this the way you guys think it should work?

You need to read the start of the thread rather than bits of it,So i have repeated this dozen times on here,you can't just send emails saying i own this remove it without a DMCA notice,the law does not work like that otherwise everybody would ****ing their competitors over every 5 mins,thats the reason for a DMCA notice,the point is no DMCA notice was shown so i don't know if this guy is pulling genuine or not and moniker were going to show him my details on a whim without seeing a DMCA which is WRONG.

On the one hand, the registrar is responsible for the legality of content on their domains, and it's more difficult to take legal action against someone who you don't know their name.

On the other, passing emails to the domain owner should be sufficient to settle most problems, they seem to be 'blackmailing' domain owners into responding. Moniker should examine the evidence and only give out whois info if there is a breach of TOS.

Exactly !

Whois Privacy is and always has been a joke in this respect. GoDaddy/eNom/Moniker/etc. will ALL roll over and give up your info on a privacy "protected" domain with little more than an email. Sad but true FACT.

Realistically, a Registrant should not reasonably expect the Registrar to put themselves in any sort of "middleman" position or set themselves up to be party to a lawsuit. This is why, if you do bother to read the "T&C's" of any of these registrars you will see the same weak protection that is really being offered - they can and WILL give you up.

Is this right? Probably depends on which side of the fence you happen to be sitting on...
Registrants seem to universally think that it will take an order from the court to break the Privacy shield, and perhaps that SHOULD be the case but, sadly, in practice it is not.

GoDaddy will even charge you for this as well! Yes, after you pay extra for protection, they charge you more when they fail to protect you... nice, huh?

BB - I get why you're cranked over this, and rightfully so. But the bottom line is that you need to deal with whomever this wanker is claiming copyright and be done with it.
From Moniker's own T&C's, they should have already forwarded you everything that the complainant sent them. If they have not, then they really suck for not following their own stated protocols. If they have - Deal with it already.

Bari - You might want to rethink the cheerleader enthusiasm making blanket statements about "NEVER", "BEST IN THE INDUSTRY", ETC., especially when you've made it clear in this thread that you really do not know what/when/where will/can happen in situations like this (since you do not work in Legal). From all I've seen over time, you have intervened many, many times for members here to resolve problems and have earned respect for that but, seriously, there are other Registrars with just as strong - if not better in some respects - security as you have. That's why the definitive statements are beginning to work against you. And, yeah, being hot doesn't hurt. (Hey, I did have to reference that... haha).

I don't use Privacy Protect for a variety of reasons as well as the reality that has been illustrated by this instance. That, and everything else in this post, is just my take on it. Your mileage may vary.

Great post !

[stuff]

not good, not good at all.
Big minus for moniker, they are US located. They have to follow US court orders and fear them.

[nameslave]

On the one hand, the registrar is responsible for the legality of content on their domains

Now, that's the tricky part. Registrars are NOT supposed to be responsible for the content on any website; they are only record keepers of domain registration.

[Carter]

I really don't understand why blame Moniker for this...
In my experience, Moniker rocks.
Great security, very professional team.

[britishbulldog]

I really don't understand why blame Moniker for this...
In my experience, Moniker rocks.
Great security, very professional team.

Ahh you need to read the post from the start Carter and you will understand why moniker is wrong in just giving out private whois info on a whim of an email,and i'm not the only one who has had problems by the looks of it.

[Carter]

Ahh you need to read the post from the start Carter and you will understand why moniker is wrong in just giving out private whois info on a whim of an email,and i'm not the only one who has had problems by the looks of it.

They never gave my private info out because I don't deal with TM domains/content
It's simple...

[Bassel]

WOOO.. This thread is turning to be really useless by some opinions that are not qualified to be even considered right. All of you who are against MONIKER, can you stop and start digging issues you faced with other regs, because i even saw much more worse issues with many regs, and i also faced many issues, but im a bit generous than you all, i solved these issues directly with them, i didnt just ran to DNF after a direct contact with them for like couple of hours and expose the issue. you blame moniker for a tiny issue, but on the other hand you all forgot how moniker has the best security and best services they offer.

I cant understand where this thread going, its just useless imo.

[britishbulldog]

They never gave my private info out because I don't deal with TM domains/content
It's simple...

Clueless Carter !So what your saying it's o.k for any idiot to send a mail claiming TM without any proof like a DMCA and handover your details ? you would be happy with that ? also i run a massive forum as big as this one and i can't keep an eye on everything and unless you understand DMCA protocol (which obviously you don't) you don't get it........they have to first of all try and contact me which they gave not,so they then need to goto the host company which they have not,then they go to the registrar and provide evidence they own the copywrite which they have not.........my argument is why they threatening to give my details out to any tom,dick and harry who has requested it and you think that's good practice ?

WOOO.. This thread is turning to be really useless by some opinions that are not qualified to be even considered right. All of you who are against MONIKER, can you stop and start digging issues you faced with other regs, because i even saw much more worse issues with many regs, and i also faced many issues, but im a bit generous than you all, i solved these issues directly with them, i didnt just ran to DNF after a direct contact with them for like couple of hours and expose the issue. you blame moniker for a tiny issue, but on the other hand you all forgot how moniker has the best security and best services they offer.

I cant understand where this thread going, its just useless imo.

Now you are talking like a cock and you think it's tiny you idiot giving out peoples info willy nilly,what a clown you are just hope it happens to you !

If you don't like it keep your nose out of it like said before,your opinion is bollox !

[Bassel]

Now you are talking like a cock and you think it's tiny you idiot giving out peoples info willy nilly,what a clown you are just hope it happens to you !

If you don't like it keep your nose out of it like said before,your opinion is bollox !

Im going to be a bit generous and not going to reply to your filthy words like you.


You are just acting like a child.

Infact after reading this thread, im going to move all my domains to moniker. Guess why.. because i know one thing i have experienced in my life...

if there are 2 students one is very good and one is really bad.
if the bad student got bad grades would anyone be shocked? NO
but if the good student got 1 bad grade is any one going to be shocked? WELL YES.

this is what moniker is going through now.

[britishbulldog]

Im going to be a bit generous and not going to reply to your filthy words like you.


You are just acting like a child.

Infact after reading this thread, im going to move all my domains to moniker. Guess why.. because i know one thing i have experienced in my life...

if there are 2 students one is very good and one is really bad.
if the bad student got bad grades would anyone be shocked? NO
but if the good student got 1 bad grade is any one going to be shocked? WELL YES.

this is what moniker is going through now.

Like i said before your opinion means jack shit,it's pretty obvious you are clueless and blinded by the beauty of Bari,it's obvious you have been put upto this by her,typical lonely geek fall's for the bullshit.


and who gives a **** where you move your domains to.......

Now go back to school,lunch time is over !

[Bassel]

Like i said before your opinion means jack shit,it's pretty obvious you are clueless and blinded by the beauty of Bari,it's obvious you have been put upto this by her,typical lonely geek fall's for the bullshit.


and who gives a **** where you move your domains to.......

Now go back to school,lunch time is over !

lol, if you read my previous replies to your thread, you would see that i supported you by fighting for your rights. my next replies today was not directed to you only, it was directed to all who is against moniker.

You seems acting like school boy not me you know why? its because if i replied to your thread by only saying yes moniker is not good or moniker is really bad, you wouldnt say "Now go back to school,lunch time is over !", you would be thanking me, because i supported you.

If you dont want opinions you shouldnt be posting this in the General Domain Name Discussion.

anyways, i know how u are suffering and im insisting that you get this resloved with them.

[sdsinc]

I think we are losing focus here. The central question is: why Moniker doesn't forward the complaint with the full details ?