Ouch.com (for sell or reselling)

[Spider]

beatz, you have heard the one about the duck right?

 

[beatz]

Ahh whatever i have a headache from reading here so i will catch up tomorrow.

Good night

 

[Togoodhlth]

Originally posted by jberryhill
"Whew! That's where we're at."

I still don't know where we are here. Everyone is saying that Atillio controls the domain name. If I look at the whois right now, it appears to be registered to Domainp.

One fact that everyone seems to agree upon (except the whois) is that Atillio currently controls a domain name that he didn't pay for. Having this control, Atillio has assumed the role of a court of equity, and has stated that he will decide what to do with the domain name when his standards of evidence, whatever they are, are satisfied. I can understand the sentiment, but I'm not convinced that it is a good idea to get into the business of doing good by stealing things from thieves in order to return the things they've stolen to their "rightful" owners (as determined by one's personal sense of what is "right").

Now, if this domain name is under Atillio's control, the idea (as I understand this mess) that opencg can wander in and pay domainp $3,000 and then demand that Atillio turn over the domain name to opencg is, to put it mildly, absurd. This is something of a mess, but it is crystal clear that Atillio is not obligated to opencg for anything.

If Atillio wants to keep the domain name, then he should comply with his agreement to pay the $3,000 to whomever he got it from. If he does not want to keep the domain name, then he should return it to whomever he got it from. If a prior eBay seller claims that he was stiffed, then that prior eBay seller should pursue the remedies available to him.

RePost of earlier (now burried) response to your original post:

Party A won the name at godaddy during the drop.
Party A placed it for sale on ebay
Party A sold it to party B
Party A transferred to party B before the echeck had cleared
Party B cancelled the echeck and immediately sold it to party C
Party C put it for sale at ebay and here and sold it to party D
Party C is in Russia so he wanted Western Union
Party D received the domain into his godaddy account however he found out that party B never paid for the domain. Thinking party B and C were one and the same he elected not to send payment immediately as party A contacted party D through the grapevine and showed Party D the cancelled echeck receipt and the godaddy receipt for catching the name during the drop.
Now Party C is claiming he was defrauded by his friend and has resold it within the last few hours to party E who just wanted the name and doesn't really care that it was fraudulently obtained.

Whew! That's where we're at.

 

[Donna Mahony]

If extremists throughout history had not stepped up to the plate and broken laws they saw as wrong...laws would never have been changed. I hope attillio sticks to his guns.

 

[LewR]

Originally posted by winfreecash
If extremists throughout history had not stepped up to the plate and broken laws they saw as wrong...laws would never have been changed. I hope attillio sticks to his guns.

Yup - that's the bottom line.

 

[opencg]

the dude number still does not work!!!!!!!!!!!!! i want my domain now!

 

[Attilio]

I am here.

My phone works but I was oit with my family.

As I wrote many time I am not claiming any right over this domain.

However I have been noticed by the first owner that he is being victim of a fraud and that someone stolen his domain.
He provided proof of that in particular he showed the cancelled echeck.

I will give back the domain in 24 hours either to domainp who transfrerred it to me or to the first owner Mr. Allen Goldberg I will not hold it one minute more.

I do not want to do anything illegal and I respect the opnion of the lawyer posting here.

So my question is simple:
According to law, having been noticed that there is the possibility that this domain has been stolen should I gave it back to person who transferred it to me that is Domainp or to the original owner?

I will wait for an answers by the lawyers here and I will keep copy of this anwers.

I will keep my moral feeling for my self and I will do what is right to do according to the law.

Thanks,

 

[fmmp]

WELCOME ATTILIO!!!!!!!!!!

 

[Donna Mahony]

original owner

 

[Spider]

I say the original owner if he was really jacked out of the domain. If he sold it for $7500 there is no way domainp is going to sell it for $3000.

 

[Donna Mahony]

well, it sounds like we are going to have to see the domain go to domainp...that makes me sad.

To the original owner...my heart goes out to you :-((

 

[Attilio]

I am aksing for legal advice here, I am not familiar with US law ( and wit law in general) I understand the difference between moral and law , I can hate it sometime but I can understand it.

Thanks,

 

[LewR]

Sad ...

 

[Donna Mahony]

feels like Muddville

 

[LewR]

Originally posted by winfreecash
feels like Muddville

More like AfterNic ...

 

[jberryhilljberryhill is verified member.]

"But then we need to decide if Atellio will transfer me the domain back today or pay $3k, right?"

Uh, no. Atillio decides what Atillio does. You have at best been untruthful and double-dealing here. Atillio is not entitled to keep the domain, but that does not make you a saint here.

 

[RON2]

John,

If domainp was not the legal owner of the domain, wouldn't that make the contract between Attillo and domainp illegal and invalid?

And what would be the downside of turning the name over to GoDaddy and let them assign it to the rightful owner. Isn't ownership technically determined under their TOS?

 

[opencg]

Call domainp because I paid for it already!
I have 3k in his hands now and i want the name i paid for!

Originally posted by Attilio
I am here.

My phone works but I was oit with my family.

As I wrote many time I am not claiming any right over this domain.

However I have been noticed by the first owner that he is being victim of a fraud and that someone stolen his domain.
He provided proof of that in particular he showed the cancelled echeck.

I will give back the domain in 24 hours either to domainp who transfrerred it to me or to the first owner Mr. Allen Goldberg I will not hold it one minute more.

I do not want to do anything illegal and I respect the opnion of the lawyer posting here.

So my question is simple:
According to law, having been noticed that there is the possibility that this domain has been stolen should I gave it back to person who transferred it to me that is Domainp or to the original owner?

I will wait for an answers by the lawyers here and I will keep copy of this anwers.

I will keep my moral feeling for my self and I will do what is right to do according to the law.

Thanks,

 

[Attilio]

I am still waiting for an answer by a lawyer.

 

[Togoodhlth]

Betz you had said that everyone could be lying however I dealt with Allen when he had the name and while it was on auction at ebay. Unless he hacked into the registry and redirected it to his webpage with a counter which I asked him to put up then it was definitely his.
Also the whois was his name.

I have seen the Paypal cancelled echeck receipt from the notorious mr wan.

DomainP, you claim no one is answering your questions however I have asked probably 3 times shopw us a receipt for your payment to your self proclaimed friend Mr. Wan!

Please let us know where your friend is?

How and how much did you pay for it?

Did your friend tell you he stole the name?

Why did you post it for sale here and at ebay?

Why did mr.wan contact you immediately following the auction? Were you a bidder and if so why weren't you curious as to how he could sell the domain name for so little when the top bid was $4500 and had not met reserve?

Who is [email protected] and why did he email me immediately following Allens auction when your friend or you had the name and ask me to send an offer? Why did it have a link to the ebay auction? Your ebay auction? (incidently folks I was a bidder and it was not a private auction)

Too few facts on your part and too many on Allens side.