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Originally Posted by gorlov  Three contracts has been broken by you and/or your cousin.... |
I haven't broken any contracts since I was never engaged in any. The only person that can breach a contract are the parties to that contract.
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Originally Posted by gorlov The contract with eBay, The contract with Sedo, and the contract with DNForum.
The domain was listed on eBay first, what happened after that is all void. Listing it on Sedo while it was already in auction on another site is a breach of Sedos terms, so that auction should never have been started, it was a breach of contract already before that. That it reached the reserve there first doesn't matter, since the auction itself shouldn't have been allowed to start.
And you listing it here when you don't own it yourself is a breach of DNForums ToS.
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The ebay auction listing with a reserve price makes provision for the cancellation of an aution prior to it meeting the reserve price.
In this particular instance, the seller indicated to DNP that this was indeed the intention. DNP's own posting and testimony confirms that fact - so at that point in time, there was no violation of anything going on, or intended.
As for Sedo, it states, inter alia, when submitting a domain for top listing auctions:
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Please note:
By applying for this auction event you agree to exclusively list, market and sell the domain through Sedo and its affiliated marketplaces until the close of the auction.
While a domain is waiting for auction approval and during the pre-auction period, a domain cannot receive offers through Sedo’s Offer/Counter-Offer system.
However, domains which are listed with a fixed price can still be sold before the auction begins.
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Sedo simply requires that when you start an auction there, you finish it there. What you do before that is entirely a seller's prerogative.
As for the claim of violating DNForum rules, I never listed anything for sale on DNForum, and at no time did I claim to be the seller. I merely posted an 'advert' and link to a sale at an external venue.
Everything else you state is based upon your ignorance of both facts and law.
At the present time, there has been no violation of anyone's rules. There is most certainly a problem, and that is not in dispute, how that problem shall eventually be resolved, we shall just have to wait and see.
Insofar as anything else is concerned, there is no other parties to anything else in this matter other than DNP.
Current 'high bidders' on the Sedo auction are not winning buyers, a winning buyer only becomes a winning buyer when Sedo confirms them as the winner. We shall have to wait and see who that is because at the present time there is no actual winning bidder, just a current highest bidder.
Regards