UDRP, ACPA, Cybersquatting...

[dnjon]

Any opinion on my page at DannyCarey.com?

[Note: The page at DannyCarey.com at time of the above original posting is no longer there. What was there was a letter to Danny Carey offering to give him the domain upon request and expressing my opinions with regard to cybersquatting, ACPA and the UDRP. There was also a link to his site at DannyCarey.org. DannyCarey.com was getting about 50 visits a day from people apparently looking for DannyCarey.org.]

[mole]

"Just as no one would assume that WildElephants.com is owned by a group of rowdy pachyderms so no one should assume that DannyCarey.com is owned by you."

[dnjon]

I'll take that as a compliment and say thank you mole. Don't tell me if I'm wrong...

[mole]

You are absolutely right.

Just curious to know why you would waste your reg fee like that just to make a point. UDRP and WIPO does listen to the local courts (see the overturning of the canadian.biz reverse-cyberjacking fiasco). Attorneys are always good to muster in all cases, provided you haven't shown bad faith.

[Nic]

who the ... is danny carey ?

[mole]

Who the ;;; cares? Carson is only trying to make a point.

[dnjon]

I didn't register the domain to make a point. I registered it, as I wrote Danny Carey, to secure it for him as I thought he'd probably want it. That's not because I'm a fan of his - I've never heard his music - but because I thought he might reward me with some bucks for the service of catching and giving him the domain. Afterwards I decided to use it to express my opinion as well, as I feel I should have a perfect right to do since it's quite clear that the site isn't affiliated with him.

With regard to my "I'll take that as a compliment" comment, I haven't been here a lot and was referring to your "Superman" signature which I thought was your post to me and me alone. How disappointing :(

[Nic]

dnjon i hate to break this to you but what you did is still cybersquating, no matter how you look at it.

[dnjon]

Cybersquatting as defined how by who?

That's not because I'm a fan of his - I've never heard his music - but because I thought he might reward me with some bucks for the service of catching and giving him the domain.

This is exactly what the "out of pocket expenses" section of the udrp is designed to prevent - people performing an unsolicited "service" and wanting more than documented costs to transfer that ownership.

you regged the domain because of the goodwill danny carey has generated and you hoped to profit from that goodwill (by your own words) - that is bad faith registration.

[bidawinner]

agreed..bad faith..

SOME smarter celebs will allow you to reg variations of their names to be used for FAN sites..they understand the IMPORTANCE OF LETTING OTHERS "PROMOTE" THEM .

In return the celebs let pass if you make a few bucks selling their albums, photos and stuff through affiliate programs..(which normnally would be bad faith)
still a very weird area and best to avoid...

BID

[dnjon]

There's a big difference between demanding money for a domain and offering it to someone without demanding anything but just hoping they will appreciate the favor. Those two are as different as night and day and if the law doesn't distinguish between them then the law needs to be changed - as it does anyway in my opinion as expressed at DannyCarey.com.

If Danny Carey wants the domain - or doesn't want it used in certain ways - then he *should* be grateful that I grabbed it and have made it available to him demanding nothing because if I hadn't then in all likelihood he wouldn't have such easy access to it. I am prepared to transfer the domain to him on a moment's notice and he doesn't even have to reimburse me for the registration fee - nor am I demanding a personal call or anything similar like Russell Boyd did with Julia Roberts.

[dnjon]

That last post was directed to safesys. I hadn't seen bidawinner's post yet.

why should he be grateful someone with no rights or interest in the name registered it with the intention that "he might reward me with some bucks"?

[ShaunP]

dnjon ... the "Robin Hood" of domain names.

Your real reasons for registering the name, are the same for most that register names that they have no legitimate rights too ... profit. Everything else you are saying is just smoke.

[dnjon]

> why should he be grateful someone with no rights or interest in
> the name registered it with the intention that "he might reward
> me with some bucks"?

Can't you read - "because if I hadn't then in all likelihood he wouldn't have such easy access to it."

> Your real reasons for registering the name, are the same for
> most that register names that they have no legitimate rights
> too ... profit.

The profit motive is not a crime nor should it be.

> Everything else you are saying is just smoke.

That is just an excuse to avoid facing the specific points I have made.

[dnjon]

Postscript to my last post - I also don't agree that I have no rights or interest in the name. I'm making good use of it at the moment and if Mr. Carey doesn't claim the domain I may put it to other use as well.

thats like saying you should be grateful to the mugger that only steals your money rather than shoots you.

The "if i don't do it someone else will" excuse doesn't hold water.

[dnjon]

No, a better analogy is if someone loses their wallet and I find it and offer it to him hoping that he'll reward me - but not asking for or demanding anything.

That's not to say, however, that I think Danny Carey should have a right to the domain because I do not. See DannyCarey.com.

[mole]

Have you checked out his .org site dnjon? I checked it out and whooom, you don't want to mess with Mariah Carey.