Getting our .com back

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Geek @ Coastguard NZ
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#660485 23-Jul-2012 16:41

timmmay:

Third post in the thread goes into this.

Looking for some glasses now...

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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gzt

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#660507 23-Jul-2012 17:07

There is no excuse for this unless there was a specific business level agreement to do so. IMHO the client will win with a letter from a lawyer stating the case and giving him one chance to give it up nicely or go to court for the return of the domain and specified damages. UK folks have a well developed fear of lawyers and lawsuits.

Alternative strategy. Have a look at the logs/analytics and see how much traffic is actually direct. Probably very little. Make sure she begins to use the .co.nz in her communications and links. Assuming she has good links, after a few months all search results will point to the new address. After a year check the logs and analytics for the .com and see how much is still direct before dumping the old domain - my guess is virtually none.

.co.nz recognition is great now. nothing like the early days when every single user typed .com on the end of an address without thinking. If anything the behavior is now the other way around.

timmmay

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#660508 23-Jul-2012 17:08

People here sure have a reading problem.

ArcticSilver

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#660513 23-Jul-2012 17:21

I'd be keen to know more myself, its easy to pass judgment when you don't know both sides of the story.

What price range are we talking? Thousands?

DaveDog

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#660569 23-Jul-2012 18:52

I think this sort of domain hijacking is very common. Just this weekend a friend of mine is stuck in a similar position - her .com domain has been registered to the provider - not her, and they won't give her the UDAI (or anything else) without her paying some sort of administration fee...

mattwnz

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#660619 23-Jul-2012 20:41

DaveDog: I think this sort of domain hijacking is very common. Just this weekend a friend of mine is stuck in a similar position - her .com domain has been registered to the provider - not her, and they won't give her the UDAI (or anything else) without her paying some sort of administration fee...

.com's don't have UDAIs. Only .nz ones do. I don't believe that providers are allowed to charge any fee for the UDAI on .nz domains. If it was a .nz domain and they did charge a fee for the UDAI, they should contact dnc.org.nz . But that doesn't apply for .coms, where I think they are allowed to charge for authorization codes/unlocking etc.

I think in the case of the OP, their client should perhaps get their lawyer to write a letter to the developer.

kyhwana2

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#660624 23-Jul-2012 20:56

The lesson here people, is that you check the contract you sign. You also register the domain yourself.

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mattwnz

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#660633 23-Jul-2012 21:06

kyhwana2: The lesson here people, is that you check the contract you sign. You also register the domain yourself.

Or at the very least get the provider to give you a domain control panel to log into where you can fully manage the domain yourself. Also that the ownership is in your name. But 10 years ago, these things weren't really that well known.

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#660634 23-Jul-2012 21:08

kyhwana2: The lesson here people, is that you check the contract you sign. You also register the domain yourself.

If a contract exists, it may contain copyright provisions as well.

[Edit: hint: not in favor of the client]

nickd

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#660666 23-Jul-2012 22:35

I'd go with just using the NZ variant of the domain up until the .com is due to be renewed. Refuse to pay. The developer either has to pay out of their own pocket to renew to do something nasty with the .com, or to let it lapse, in which you could just pick it up in the normal fashion.

As for the person who suggested the .co domain, I have one, PITA. So many people think you're just being cool and not saying the .nz part on the end of the address, miss a bunch of messages. Not a problem with her considering she owns the NZ version.

As an aside, for NZ domains, you have the UDAI to hold on to in case you get yourself into trouble. What's the process with international domains? They are locked to the provider and require a code of some kind? Feel free to point me in the right direction here if it's a little tricky to explain.

mattwnz

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#660670 23-Jul-2012 22:47

nickd: I'd go with just using the NZ variant of the domain up until the .com is due to be renewed. Refuse to pay. The developer either has to pay out of their own pocket to renew to do something nasty with the .com, or to let it lapse, in which you could just pick it up in the normal fashion.

As for the person who suggested the .co domain, I have one, PITA. So many people think you're just being cool and not saying the .nz part on the end of the address, miss a bunch of messages. Not a problem with her considering she owns the NZ version.

As an aside, for NZ domains, you have the UDAI to hold on to in case you get yourself into trouble. What's the process with international domains? They are locked to the provider and require a code of some kind? Feel free to point me in the right direction here if it's a little tricky to explain.

The auth code is similar to the UDAI, but with both, only the registrant of the domain can get it. So it sounds like the OPs client can't get that because it sound like their client isn't listed as the registrant.

If it does expire, often domain squatters get hold of international domains, so you can actually risk losing it forever if you do let it lapse, as they may want to charge you thousands to buy it back. I have also seen some expire and then the registrar seemed to have it registered somehow, and had it pointing to a parking page.

Litespeed

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#660816 24-Jul-2012 09:24

My gut feeling is a letter from a lawyer (preferably in the UK so the web dev doesn't feel so untouchable), versed in this area of law, will be enough to secure the .com.

Might be some info here too:

How to Rescue Your Website from the Clutches of a Bad Web Designer or Bad Web Host
http://www.thesitewizard.com/domain/reclaim-website-from-bad-web-designer-host.shtml

timmmay

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#660819 24-Jul-2012 09:30

I can recommend this firm - http://www.londonip.com/

networkn

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#663941 30-Jul-2012 12:54

Hi There!

Thought I'd report back the progress I made.

Client asked me to approach the person involved again and I have. He has agreed that he will put her name as the registrant and leave himself as administrative contact and he will charge her $75 a year in domain hosting only, which seems pretty reasonable. Overall with a bit more of a firm tone from someone who knew he shouldn't have put himself in the position in the first place, he has been reasoable, so it's a good outcome for the client.

I now have all the documentation we require to secure the site, but we are leaving it with him for the time being as the charges are not unreasonable any longer and he has made an effort.

Thanks for the comments and advice and support, appreciated as always!

xpd

Geek @ Coastguard NZ
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#663955 30-Jul-2012 13:19

$75 for a .com is almost 2x the going rate....

Good that hes at least come to the party as such, but get it away asap...

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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