Re: Domain Registering and Hosting/Website Funny Business

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Author: Michael Butash via PLUG-discuss
Date:  
To: Main PLUG discussion list
CC: Michael Butash
Subject: Re: Domain Registering and Hosting/Website Funny Business
Godaddy I think is a bit more rational these days, but back in the
beginning, Parson's #2 in the company was a lawyer, a surly ex-marine gal
that loved to start some shit. Mention lawsuit, he'd get a curious glint
in his eyes and sic her on them.

Best not to feed the animals if you can avoid it.

-mb


On Sun, Jul 24, 2022 at 5:39 PM Eric Oyen via PLUG-discuss <
> wrote:

> Perhaps. However, considering other factors, they won’t want to use their
> lawyers if they can get off cheap. This, of course, assumes that someone at
> the head of the company is behaving smart.
>
> -Eric
> From the Central Offices of the Technomage Guild, Intelligence Div.
>
>
> On Jul 24, 2022, at 10:38 AM, Michael Butash via PLUG-discuss <
> > wrote:
>
> I doubt threatening them with a lawyer will do much, they'll see your
> lawyer and raise you 5 of their lawyers. It's a losing battle for the
> little person.
>
> Rather go to their abuse team, explain it's a legal matter, and see if you
> can talk to a rational human vs. a call center monkey. Those guys deal
> with this stuff all day every day, the joy of having 100m domains under
> your stewardship.
>
> Unless they literally broken in and stole content, GD won't be inclined to
> do much other than apologize for your luck being targeted, and little they
> can/will do otherwise. Best you can probably do is find who owns it today
> and attack them directly with legal, but if someone outside the country,
> you'll find the world's smallest violin quickly for your sad song.
>
> -mb
>
>
> On Sun, Jul 24, 2022 at 10:03 AM Eric Oyen via PLUG-discuss <
> > wrote:
>
>> Since it appears that GD isn’t being helpful, get a copyright lawyer (you
>> might even be able to find one on legalshield.com for cheap) and go
>> after both the new host owner and GD for a DMCA violation. My experience
>> has been if such is done and it looks like it might be a good case, the
>> hosting provider will settle with you real damned fast in order to avoid a
>> court case.
>>
>> -Eric
>> From the Central Offices of the Technomage Guild, Legal Servicing Dept.
>>
>>
>> On Jul 23, 2022, at 7:24 AM, Keith Smith via PLUG-discuss <
>> > wrote:
>>
>>
>>
>> On 2022-07-22 23:05, Joseph Sinclair via PLUG-discuss wrote:
>>
>> TL;DR Have your friend contact GoDaddy, ideally by logging into their
>> existing account and contacting support from there, and request they
>> delete all content as you no longer control the site and they no
>> longer have any right to continue serving that content.
>>
>> Contact with GD was made. They are no help.
>>
>> Most likely, the new owner simply didn't make any change to the name
>> server entries when they bought it (domain gamblers tend to do that a
>> lot).
>>
>>
>> Basically, the name still resolves to the same site host, and the
>> purchaser is waiting for your friend to beg them to "return their
>> domain" so as to keep the site (and presumably the business) running.
>> Some just kind of wait for contact, others will wait about 90 days,
>> then send email to the website warning of a deadline and demanding
>> heavy payment to not redirect it to a parking page or something
>> similar.
>>
>>
>> Name Servers:ns11.domaincontrol.com and ns12.domaincontrol.com <- that
>> looks like GoDaddy.
>>
>> His hosting expired a long time ago.
>>
>> The new guy getting the website seems fishy to me.
>>
>> My friend paid GD to make contact with the domain owner to see if he
>> would sell. GD was not able to make any progress - current owner does not
>> respond to emails and the domain has privacy.
>>
>>
>>
>>
>> A lot depends on who the host provider is. If, as in this case, the
>> host provider is the same as the domain provider (side note, don't do
>> that in the future; always separate the two so nobody controls both
>> but you), then you may have some issues, but at least in theory your
>> friend can, at minimum, ask that the hosted content (which they still
>> own and on which they hold copyright) be removed.
>> If the host provider is separate from the domain provider, then you
>> could either arrange back payment and regain control, then point a new
>> domain to the site, or ask the host to remove the content (again based
>> on ownership and copyright).
>> In this case (with GoDaddy hosting both), I hope your friend has
>> backups of the site and can redeploy elsewhere, and I hope GoDaddy
>> does the right thing relatively quickly (sometimes they can be
>> difficult in this regard).
>> This doesn't apply in your case, but one other, somewhat ugly,
>> possibility does exist. Some host providers use a domain challenge to
>> identify the site owner if they lose access otherwise (they have you
>> put a code in a dns record to prove you are you).
>> Those are particularly pernicious as anyone with control of the
>> domain actually can steal the site and content by claiming to have
>> forgotten a password (which can result in theft of an entire business
>> identity for purely online businesses, and is a form of identity
>> theft).
>> Always worth checking if your hosting provider uses that option, and
>> ask them to either administratively disable that (permanently), or
>> move to a different hosting provider (assuming you can).
>> Note: Domain challenge to prove ownership of a domain, separate
>> from ownership of the hosting account, is totally normal and
>> reasonable, I'm referencing here using domain challenge to prove
>> identity and ownership of the separate hosting account.
>> Hopefully that helps.
>> Joseph Sinclair
>> P.S. The domain origination date does not change unless the domain is
>> returned to an unregistered state.
>>
>>
>> Ok that is some good info. it seems this domain "expired" then GD held
>> onto it until someone else bought it.
>>
>> I have heard that the registers can hold a domain for up to a year w/o
>> paying the reg fee.
>>
>>
>>
>>
>>
>> When a domain is auctioned, it is
>>
>> never "unregistered", the registration simply transfers after GoDaddy
>> takes over the registration for non-payment.
>> On 2022-07-22 06:45 PM, Keith Smith via PLUG-discuss wrote:
>>
>> Hi,
>> I have a friend who owned http://www.nationwidedr.com/ . It expired
>> along with his hosting while he was in the hospital.
>> I get the domain was available to be registered.
>> Here is the interesting part. Somehow the new domain owner also was able
>> to get his WordPress website complete with all of his business content. It
>> appears not to have been changed.
>> The other part is the domain shows it was registered in 2002, the
>> original date it was registered. I thought when a domain expires and is
>> re-registered by another it will show it was original registered on that
>> second date. Am I wrong?
>> Thoughts on how the new registrant got a hold of my friends WordPress
>> website?
>> The domain and hosting were at GoDaddy.
>> Something seems fishy - am I wrong?
>> Thanks!!
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