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ICANN and VERISIGN sued for price fixing by wadnd.com

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GeorgeK

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What did I represent? Take a look at the facts --- on October 23, 2004, your own website says 9 board members were elected for a term of one year. Yet, on January 6, 2005, under oath:

http://www.sunbiz.org/COR/2005/0106/30262083.tif

a list of only 2 board of directors was provided. Did I misrepresent anything? Methinks not.

Of course, some folks have no concern for facts. Take a look at the Statement of Claim of CFIT --- it at least got the .net pricing correctly, unlike WADND's statement of claim.
 
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Rick Schwartz

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GeorgeK said:
Did I misrepresent anything?


In a word....YES you did.

The State of Florida does not require you to list all board members.

So there are the FACTS!

You seem to only care about facts that are consistent with your vendetta regardless whether they are true or factual or not.
 

GeorgeK

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If that's true, I withdraw that statement only. However, the other statements (i.e. factual errors in the statement of claim, for-profit status) are not withdrawn.

You're the one bringing up a supposed "vendetta". Are you suggesting that discussing history is ok? Let us stick to this situation only, if you will.

I suggest that folks that want to have their voice heard post at:

http://forum.icann.org/lists/settlement-comments/

for starters. I saw that Monte did, as have I, and others. To post there, see the info at:

http://www.icann.org/announcements/announcement-24oct05.htm

Spending money won't determine the "winner" of this dispute -- if it was only a matter of who spent the most money, you can rest assured that VeriSign has a bigger warchest than WADND and CFIT.
 

ForumDomains

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Congrats, brave hearts!:eek:k:

It is a daylight robbery to charge $6 for something that cost you below $1 and... notice they are planning to increase the price!!!
 

GeorgeK

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VeriSign and/or ICANN seem to have organized letter-writing campaigns of their own, reading the most recent comments at:

http://forum.icann.org/lists/settlement-comments/

where a few folks are suggesting the settlement proposal is great, lol. Hopefully the DoC sees through this sham.
 

Duke

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Just got this press release from 1&1 (sorry for the length in posting the full release here but they did not provide a link to a web page for this). It outlines the registrar opposition to the ICANN/Verisign agreement. The registrars haven't filed suit yet but I would think they will join WADND and CFIT in the courtroom if ICANN doesn't reverse course:

Registrars Say Plan Would Undermine Competition, Raise Prices for End-Users

PHILADELPHIA, November 29, 2005 – A draft proposal between the Internet Corporation for Assigned Names and Numbers (ICANN) and domain registry giant VeriSign, Inc. that would give VeriSign exclusive control over the .com domain, is being vigorously opposed by a group of notable domain registrars led by 1&1 Internet, who claim the plan harms competition within the Internet industry and could negatively impact end-users worldwide.

1&1, along with almost all major domain registrars (companies who register Internet addresses on behalf of their customers with registry organizations like VeriSign), is critical of both the content of the proposed agreement—which, among other things, would allow VeriSign to arbitrarily increase domain fees up to seven percent per year—and the manner in which it was drafted.

“The current draft of the agreement practically assigns .com to VeriSign forever,” said 1&1’s Domain Expert Eric Schaetzlein, who will present the registrar community’s concerns to ICANN at its meeting this week in Vancouver. “This contradicts ICANN’s core mission to promote competition in the Internet industry, which was established in its own by-laws and in the Memorandum of Understanding with the U.S. Department of Commerce.”

According to Schaetzlein, 1&1’s and the other domain registrars’ biggest concern with the proposal is the effect that the potential seven percent annual fee increases could have on global Internet users, and the fact that VeriSign can implement the price hikes without justification. Web hosts and registrars would be forced to pass on the fee increases to individual domain registrants.

“Under the terms of the current contract, which is in place until November 2007, VeriSign is required to justify any price-increase, and ICANN has to give its approval,” Schaetzlein explains. “The new wording would be a major step back. Additionally, when VeriSign had its registry license for .net renewed earlier this year, interestingly enough, a major component of their application was a significant lowering of the registration fees.”

Adding to the registrars’ skepticism about the draft contract for the administration of .com is the fact that it is part of the settlement of various legal disputes between VeriSign and ICANN in which VeriSign has agreed to withdraw all charges.

“We think that ICANN wanted to protect itself from possible cost risks and problems with this settlement rather than act in the best interest of both the Internet community and the general public,” said Schaetzlein.

More than 30 domain registrars worldwide have signed a statement against the draft contract, demanding major changes in the current proposal (which can be viewed at www.icann.org). Additionally, the companies have asked ICANN’s board to comprehensively review the VeriSign settlement proposals and to hold a public hearing period—as has been common practice with other ICANN-related issues—that enables the community of Internet users to state their concerns.
 

seeker

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So....
is there anything the rest of is can do to help here???
I mean other than argue about details (George, give it a break).
I didnt do much research, but I did have my lawyer (local) look into this, and If things do not take a change for the better, I will be also launching a 'campaign' (as this seems to be the word of choice as of late) against veryslime.
and this will be an official complaint from an EU perspective.
I've already paid the lawyer, so if there is anything more we can do from this side of the world, please let us know.

Thank you.
 

xtc

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Thanks Duke, good to see registrars like 1&1 getting involved. Now I wonder what it will take to get Bob Parsons to jump on the bandwagon.
 

GeorgeK

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Seeker:

1) First thing I'd suggest is send a comment via:

http://www.icann.org/announcements/announcement-24oct05.htm

Don't need the VeriSign shills to overwhelm the comments forum.

2) I suspect ICANN will not approve the settlement at the Vancouver Board Meeting, but instead will prolong the comment period further. There really is no time pressure, given the current .COM agreement doesn't expire soon, and litigation isn't at the stage where either side is ready to go to trial. In any event, the next battlefront becomes the US Department of Commerce (which must approve any contract between ICANN and VeriSign), and the courts. The registrars have the best "standing" to file suit, as they have contracts with both parties. That's one of the first thing VeriSign will move, to strike complaints due to lack of standing.

3) US Department of Justice, who is already investigating the matter. While the EU might be an interesting approach (was already attempted in the WLS debate too, with no effect), ultimately ICANN and .com are a creation of the US Government, and so once again, having proper standing is important. The US DOJ has already had dealings (and made a settlement) with VeriSign in the past, so they have some teeth.
 

DaddyHalbucks

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aactive said:
At least wadnd.com is putting money where their mouth is and trying to actaually do something about the Icann/Verisign situation, and not just pay lip service to the situation like most.

Shaun


Agreed.

And, if I can criticize Rick when he is wrong, let me praise him when he is right.

Nice job, Mr. Schwartz!

:)
 

seeker

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HI George.

1) done
2) can not comment, as the info is different depending on whom you speak to.
3) I respectfully disagree. In Tunisia, things 'were left' to the US which many EU members carefully watching. This could change at any time.
I just threw in another few thousand euros into this affair, wich I will make nothing out of it. I am taking this to the max as far as EU courts go.
there are so many rules within the EU that can block the verysign ruling, so I would not take this too lightly...
MS had to kneel down, so I am confident (yet not sure, one has to be realistic), that this will give them a big blow.
Under EU laws, the proposed agreement fails in at least 3 *solid* ways.
the www is not a creation of the US, but a creation of:
http://www.cern.ch
of course, that is the world wide web, not '.com'
However, I can assure you I will retain the best of legal councils, and what ever is necessary in order to defend this.
in the end, it will be either a division, or icann will become reasonable and cooperate.
I am taking this to the EU's highest courts no matter the cost.
 

seeker

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our complaint has received an offical EU #.
this is going to get ugly.
either it will end in a total split, or verisign will have to comply by EU laws.
I am happy to say that we do have many MPs from different EU members supporting us.
However, as of this moment not enough to call for a hearing and a block in the EU parliament.
I will see to it that this is covered at my own expense.
 

DaddyHalbucks

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Rick Schwartz said:
In a word....YES you did.

The State of Florida does not require you to list all board members.

So there are the FACTS!

You seem to only care about facts that are consistent with your vendetta regardless whether they are true or factual or not.


One more thing, if you are publicly speaking out against George's alleged "vendetta" --make double sure you don't harbor any yourself.

In particular, you might want to rethink the exclusionary policy of T.R.A.F.F.I.C., once blatantly advertised on your website with something to the effect of "past board members kicked off the board are not welcome" and now masked with its "invitation only" veil.

If you don't like other people doing [IT] --don't do [IT] in your own life.
 

seeker

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DaddyHalbucks said:
One more thing, if you are publicly speaking out against George's alleged "vendetta" --make double sure you don't harbor any yourself.

In particular, you might want to rethink the exclusionary policy of T.R.A.F.F.I.C., once blatantly advertised on your website with something to the effect of "past board members kicked off the board are not welcome" and now masked with its "invitation only" veil.

If you don't like other people doing [IT] --don't do [IT] in your own life.

you really think this helps this 'cause'????
what can I say......
 

GeorgeK

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seeker said:
our complaint has received an offical EU #.
this is going to get ugly.
either it will end in a total split, or verisign will have to comply by EU laws.
I am happy to say that we do have many MPs from different EU members supporting us.
However, as of this moment not enough to call for a hearing and a block in the EU parliament.
I will see to it that this is covered at my own expense.

Feel free to post scans of the documents, as they become available (hopefully they're in English, and not in Greek).
 

seeker

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GeorgeK said:
Feel free to post scans of the documents, as they become available (hopefully they're in English, and not in Greek).

They are in English George...
 

DrDomains

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"VeriSign's stock ended higher today.
http://finance.yahoo.com/q?d=t&s=VRSN
on a day when the NASDAQ was down. They're really quaking in their boots."

Not sure how stock price is connected to whether VRSN is concerned about litigation and it's odd to hear a domainer who has been around seemingly aligning himself with such a company, but whatever...

The focus of WADND and of the suit is to HELP DOMAINERS across the board. If you don't like me, Rick or the lawsuit, fine...come up with a better strategy that will move our industry FORWARD and then EXECUTE it.

The sniping and games only suck up our time and divert us from the prize.
 

GeorgeK

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I'm not aligning myself with VeriSign. Far from. Check the WHOIS for VeriSignSucks.com. I was posting and acting against VeriSign within ICANN's structures years before WADND took an interest. Ask Monte.

You can assist by having more WADND members posting on the Settlement Comments forum. That's the immediate thing ICANN's Board is looking at THIS WEEK. Why else do you think VeriSign is trying to stuff it with positive comments in the final few days before the meeting?
 

seeker

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it is after midnight here.
this issue has been escalated.
I can assure you of one thing.
this will NOT go without a serious 'veto' in the EU.
verisign and/or the whomever is concerned will NOT get away with this.
I can and will guarantee that this issue will carry a lot of weight.
 
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