(I am not a lawyer, let alone a competent lawyer with experience in domain
name disputes. What I say is worth about what you paid for it.)
1. OT? Not nearly as much so as 75% of what is posted here.
2. You can initiate an "in rem" action against the domain name itself, if
the true registrant cannot be ascertained. The information from the
registrar's whois server is the information to use, although changes may not
show up there immediately. Does it really continue to change every day? If
it is newly registered, it isn't that unusual to see changes occur as the
registrant gets the information the way they want it.
3. What difference does it make? Maybe we need to know what kind of dispute
this is. Is it a so-called cybersquatting situation, where the organization
has a registered trademark they believe the registrant is infringing? Is it
a case of an alleged stolen domain name? Or is there something about the
website they think is actionable (nothing to do with the domain name)? I
don't know what third party DNS is. If you mean the DNS service is provided
by someone other than the registrar and registrant, OK, that's typically the
website hosting service. If you mean the URL is redirected (forwarded) to
some other website, that's not unusual either. If you need to know the
address of the machine actually hosting the website, tell us the URL and
someone will tell you. (The nameservers associated with the domain name
provide an IP address for a hostname such as www.domain.com. The machine at
that IP address may respond to an http request with either a web page or a
redirect to somewhere else. There are lots of ways to read the raw output.)
4. While either would probably provide whatever information they have in
response to a court order, they have no obligation to tell you anything
other than what's listed in the whois record. And if it's legal action you
want to pursue, you don't need anything else, unless you want to recover
more than just the domain name.
5. No money means no registered trademarks and no domain names to steal.
What's the basis for the dispute? It's difficult to guess what might be the
problem. Personally, I avoid lawyers and courtrooms as much as I can. Has
anyone tried to talk to the contacts listed in the whois record?
----- Original Message -----
From: "Jo Shea - Danjo Creations" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, March 06, 2001 2:01 PM
Subject: Domain dispute
> One more try...is anyone else having problems with their messages not
> showing up?
>
> 1. This may be OT for this list - can you recommend somewhere else to ask?
>
> 2. Bulk Registrar : I am involved in an org. who will likely be pursuing
> legal action against a registrant. We are having trouble ascertaining just
> *who* is the legally resp. person to name in the action...the entire
> registry info has changed 3 times in as many days since we found out
about!
> There has been an allegation that the misinformation was due to tech
> difficulties at Bulk Registrar - Can anyone confirm this ?
>
> 3. Domain records: is there a way to verify where a domain is being
> forwarded to? i.e.it is now using a third party DNS -> is there any way to
> relate this back to the host machine (to find out where it is actually
being
> hosted)?
>
> 4. What is bulk register's and this 3rd party DNS' obligation in as far as
> providing account name of the reseller and IP from which request for
> registration came from (if that is at all possible/recorded) or DNS
account
> info ? Will they only release this type of info AFTER proof of a legal
> dispute /court case has started? Or only to a known 3rd party dispute org?
> We can't proceed with even a registered letter (from a volunteer lawyer)
> until we know *WHO* our case is against.
>
> 5. It's a wholly volunteer org. - i.e. NO MONEY - any tips for fighting
this
> ourselves ?
>
> Any help or nudge in the right direction would be extremely helpful and
> appreciated.
>
> Jo Shea
> Danjo Creations
>
