William and all,
Indeed Mr McLanahan, was the original owner of the Domain Races.com,
that is in question in this instance. NSI's own server logs prove this, which I
have a can obtain a copy of, as I indicated last week. Mr McLanahan, has
been made aware of this information and has queried me privately in this regard.
Should he decide to sue, his case is pretty much open and shut in his favor.
I for one hope he does so.
William X. Walsh wrote:
> On 23-Dec-1999 Ron Bennett wrote:
> >>Sorry, Ron, this doesn't wash. Register.com legitimately registered the
> >>domain after NSI deleted it. NSI failed to enact a registration on the
> > domain
> >>name, and as a result, there was no registration contract with the new
> >
> > The RNCA is a registration contract of sorts and upon
> > executing the RNCA, NSI Registrar entered into an
> > agreement with the NEW registrant John McLanahan
> > and thus is obligated to complete the transfer. NSI
> > Registrar can make all the excuses they want, but in
> > court they're toast in my view.
>
> I suggest you go reread the contracts, and NSI's policies. Your take on them
> here is not consistent with their own statements regarding this process.
>
> >>registrant. Register.com has a completed transaction, and contract with a
> >>customer, NSI didn't. I say this is a clear example of Register.com acting
> >>ethically and with a good solid backbone. We all may not like that the guy
> >
> > Wrong. Register.com was *promptly* made aware that
> > the domain wasn't really available by NSI Registrar due
> > to their mistake. Register.com in essance has registered
> > a domain that's 'stolen' - both unethical and possibly illegal.
>
> The domain was indeed available. That is what you are not understanding, Ron.
> NSI the registrar deleted it, and did not act to reregister it for a number of
> days. During this time, a Register.com customer registered it. These is
> nothing unethical or illegal there. NSI's customer lost out, and his case is
> against NSI for not acting, for being negligent, in processing his REQUEST for
> a domain name. The Registry processed the first registration it received,
> which should of been from the NSI Registrar, but due to their negligence,
> wasn't.
>
> >>didn't get the domain he expected to be getting, but his case is with NSI
> >>Registrar's negligence, not any subsequent registration by someone else as a
> >>result of that negligence.
> >
> > Nonsense! The "races.com" is 'stolen' and the new owner
> > could find himself in court one of these days or more likely
> > he'll be suing Register.com one of these days if and when
> > "races.com" is returned to the proper owner John McLanahan.
>
> Whatever, Ron. This is common sense, and Mr McLanahan was never the owner of
> the domain in question. You are wrong, both in your interpretation of the
> agreements, and in your interpretation of the law. I have spoken with an
> attorney on this, and he has no case against anyone, not even NSI the
> registrar, because of the way the agreements are worded.
>
> Is it fair? Hell no, its not fair. But it also wouldn't be fair to overturn
> the registration of the current registrant.
>
> --
> William X. Walsh <[EMAIL PROTECTED]>
> DSo Networks http://dso.net/
> Fax: 877-860-5412 or +1-559-851-9192
Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
