All NSI would have to do is add a line or two to the invoice stating that if
the client has transferred there domain name to another registrar, they can
ignore the invoice.
But it is obvious that NSI still wants to be the only player when it comes
to domain name registration. They have to make the decision, do they want to
tell there customers that there are other choices out there? or do they want
to let their customers find out on the news or other Media that NSI is
Ripping off thousands of people.
----- Original Message -----
From: "WebWiz" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, October 17, 2000 8:55 PM
Subject: Re: Re[4]: Network Sol Legal Probs
> As far as that goes, you could reasonably argue that invoicing for a
service
> that was never and will never be provided does, in and of itself
constitute
> intent to commit fraud, particularly if the invoicing company refuses to
> refund monies paid in error (which is NSI's policy, if I'm not mistaken).
> More appropriate than the term "fraud" might be a charge that we have on
the
> books in Georgia: "Theft by Deception"
>
> FWIW, my copy of the 1985 Edition of "Elements of Crimes and Basic
> Procedures", published by the Prosecuting Attorney's Council of Georgia
> (most recent I have on hand) includes the following verbiage, drawn from
the
> Official Code of Georgia, Annotated:
>
> - CONSEQUENCES PRESUMED TO BE INTENDED (16-2-5)
> A person [this would include a corporation, by the way - eal] of sound
mind
> and discretion is presumed to intend the natural and probable consequences
> of his acts but the presumption may be rebutted.
>
> In this case, I think it's reasonable to argue that sending invoices out
> that threaten to cut off access to a domain name will "naturally and
> probably" result in payment of the invoice by a some percentage of those
> invoiced.
>
> ...and...
>
> - THEFT BY DECEPTION (16-8-3)
> (1) A person commits the offense of theft by deception when he obtains
> property [including money - eal] by any deceitful means or artful practice
> with the intention of depriving the owner of the property.
>
> (2) A person deceives if he intentionally:
>
> (a) Creates or confirms another's impression of an existing
> fact or past event which is false and which the accused
> knows or believes to be false;
>
> (b) Fails to correct a false impression of an existing fact
> or past event which he has previously created or
> confirmed
> .
> .
> .
> (e) Promises performance of services which he does not intend
> to perform or knows will not be performed
>
> It's a misdemeanor if the value of the property does not exceed $500.
> Otherwise, it's a felony punishable by up to 10 years in prison.
>
> Gee, I love legal-speak :)
>
> Regards,
> Eric Longman
> Atl-Connect Internet Services
>
> +-------------------------------------------------------+
> | Atl-Connect Internet Services http://www.atlcon.net |
> | 3600 Dallas Hwy Ste 230-288 770 590-0888 |
> | Marietta, GA 30064-1685 [EMAIL PROTECTED] |
> +-------------------------------------------------------+
>
> ----- Original Message -----
> From: "Dave Warren" <[EMAIL PROTECTED]>
> To: "William X. Walsh" <[EMAIL PROTECTED]>
> Cc: "OpenSRS Discussion List" <[EMAIL PROTECTED]>
> Sent: Tuesday, October 17, 2000 11:26 PM
> Subject: Re: Re[4]: Network Sol Legal Probs
>
>
> > Fraud cannot exist through inaction. Talk to an attorney.
> >
> > Fraud requires specific intent. If you have mail fraud cases that
> > show otherwise, I'd sure like to see them.
>
> How do you prove intent? I'm certainly not a lawyer, and I don't have the
> spare money to go chat with one, but I am curious as to how you can prove
> that they are "accidentally" sending out invoices, and that it's not an
> intentional grab for money, and an attempt to discredit other registrars.
>
> <sarcasm> btw. Anyone have any idea how I can accidentally fraud someone
> and get off free if they happen to be dumb enough to pay? </sarcasm>
>
> I dunno, I'm starting to see these from some of our clients now, and I am
a
> little bit tired of explaining it to our customers. *shrugs* That's life
I
> suppose.
>
>
>
>
