"I do like your suggestion about reclaiming the registrant address via the ISP or other domain - I don't think that will apply here (it's gmail and the address doesn't bounce), but good to know for future reference."
I'd be careful here. At some point someone will have to make a declaration to change the registrant and if you are in any way a party to this you'd need to be very careful that you/they are legally entitled to do this. I'd still go with my earlier comment "Cheaper alternative, phone the developer & see if it can be resolved amicably." as a first option. If you've got a name & the white pages still lists a working phone number you've got the option. Bruce On Wed, Dec 1, 2010 at 7:13 PM, Harvey Kane <[email protected]> wrote: > Hi Julian, > > I think you are right to some degree - NZ is a small place, and given that > this is in Wanaka then it's, well, really small. I'm not suggesting I can't > contact the guy - I haven't tried myself and aren't sure how hard the client > has tried. With online privacy being what it is I don't imagine it will be > hard to track someone down. It's highly possible he would be ok about > negotiating with me because he doesn't owe me any money. > > I'm also not sure if the guy is dishonest or not. The client thinks he's > gone AWOL with her cash because his web design company website is gone > (domain expired) and won't respond to any communication - which is a fair > assumption I'd say. But there are always 2 sides to every story and I only > have one of them. > > I do like your suggestion about reclaiming the registrant address via the > ISP or other domain - I don't think that will apply here (it's gmail and the > address doesn't bounce), but good to know for future reference. > > Cheers, > > Harvey. > > > On 1/12/2010 5:47 p.m., Julian Waters wrote: >> >> Been there in various forms... >> >> You're suggesting you can't find / contact the guy? Because that's a >> different issue than 'not playing ball'. Anyone who was worked on the web >> should be locatable via google etc? >> >> If you can contact him & he's already been paid you should be able to >> negotiate. Sort of an amnesty... 'keep the money, hand over the UDAI'. >> >> If you can't, perhaps his contact email address is no longer active & thus >> might become available again via an ISP, or (as I experienced) you can >> register his old domain name and set-up the contact email address again, >> then request UDAI reset. >> >> The other option is to to wait until it expires & reclaim then. >> >> Hope that provides some help, even in eliminating options... Julian >> >> On 1/12/2010, at 2:51 PM, Harvey Kane wrote: >> >>> Thanks Bruce, that's exactly the sort of advice I was looking for, and I >>> probably should have emailed you directly. >>> >>> I don't imagine $1800 + lawyer bills is what this client had in mind (and >>> who can blame her really) so we might have to plan around registering a >>> different name unless the developer does decide to come to the party. >>> >>> Thanks, >>> >>> Harvey. >>> >>> On 1/12/2010 2:42 p.m., Bruce Clement wrote: >>>> >>>> Hi Harvey, >>>> >>>> The following does not constiute legal advice. >>>> >>>> If things are exactly as described here (customers sometimes warp >>>> history a bit), she should be able to recover the domain name under >>>> the DNC's DRS section related to people registering domain names under >>>> circumstances where it's clear they were doing it on-behalf of the >>>> complainant. If she has demonstratable rights to the name and the >>>> developer doesn't, she will probably benefit from also claiming under >>>> other sections. >>>> >>>> Following this path will cost around $1800+GST for the DRS process + a >>>> lawyer's fee for preparing the complaint ... you get one shot only at >>>> a complaint, and it will be rejected if you fail to cover any of the >>>> required points so please get an IP laywer to prepare the claim. >>>> >>>> Cheaper alternative, phone the developer& see if it can be resolved >>>> amicably. Depending on the facts, a small claims court might also be >>>> an appropriate avenue for redress; but going that path may damage >>>> other opportunities so consult a lawyer first. >>>> >>>> I've informally advised in the past for a couple of people who managed >>>> to resolve everything amicably with a bit of advice. If you've still >>>> got my phone number and want to discuss give me a call this evening, >>>> or drop me an email off-list. >>>> >>>> regards >>>> >>>> Bruce >>>> >>>> On Wed, Dec 1, 2010 at 1:24 PM, Harvey Kane<[email protected]> >>>> wrote: >>>>> >>>>> Hi All, >>>>> >>>>> This is a long shot, but here goes. I have just picked up a client who >>>>> has >>>>> had a bad experience with another developer - ie she paid for a website >>>>> and >>>>> that was the last she heard from him. >>>>> >>>>> The developer registered her a domain name, (companyname).co.nz, but >>>>> unsurprisingly the registrant of the domain is the aforementioned web >>>>> developer. There is no mention of her on the whois at all. Pretty raw >>>>> deal >>>>> actually. >>>>> >>>>> She's pretty upset about the whole thing, so if it's likely to be a >>>>> long >>>>> drawn-out drama to reclaim the domain then we will probably just >>>>> register >>>>> another (less ideal) domain name. Obviously she has tried emailing / >>>>> calling >>>>> the old developer for the UDAI, but we're not really expecting anything >>>>> to >>>>> happen there. >>>>> >>>>> I'd be open to any suggestions from people here who have been through >>>>> this >>>>> before - even if the suggestion is "too hard, don't bother". >>>>> >>>>> Thanks, >>>>> >>>>> Harvey. >>>>> >>>>> -- >>>>> Harvey Kane >>>>> >>>>> Phone: >>>>> - Auckland: +64 9 950 4133 >>>>> - Wanaka: +64 3 746 8133 >>>>> - Mobile: +64 21 811 951 >>>>> >>>>> Email: [email protected] >>>>> If you need to contact me urgently, please read my email policy >>>>> www.ragepank.com/email/ >>>>> >>>>> -- >>>>> NZ PHP Users Group: http://groups.google.com/group/nzphpug >>>>> To post, send email to [email protected] >>>>> To unsubscribe, send email to >>>>> [email protected] >>>>> >>>> >>>> >>> >>> >>> -- >>> Harvey Kane >>> >>> Phone: >>> - Auckland: +64 9 950 4133 >>> - Wanaka: +64 3 746 8133 >>> - Mobile: +64 21 811 951 >>> >>> Email: [email protected] >>> If you need to contact me urgently, please read my email policy >>> www.ragepank.com/email/ >>> >>> -- >>> NZ PHP Users Group: http://groups.google.com/group/nzphpug >>> To post, send email to [email protected] >>> To unsubscribe, send email to >>> [email protected] >> >> > > > -- > Harvey Kane > > Phone: > - Auckland: +64 9 950 4133 > - Wanaka: +64 3 746 8133 > - Mobile: +64 21 811 951 > > Email: [email protected] > If you need to contact me urgently, please read my email policy > www.ragepank.com/email/ > > -- > NZ PHP Users Group: http://groups.google.com/group/nzphpug > To post, send email to [email protected] > To unsubscribe, send email to > [email protected] > -- Bruce Clement Home: http://www.clement.co.nz/ Twitter: http://twitter.com/Bruce_Clement Google Buzz: http://www.google.com/profiles/aotearoanz "Before attempting to create something new, it is vital to have a good appreciation of everything that already exists in this field." Mikhail Kalashnikov -- NZ PHP Users Group: http://groups.google.com/group/nzphpug To post, send email to [email protected] To unsubscribe, send email to [email protected]
