Everyone Hates Domainers. Especially Folks Lobbying ICANN

Morning Folks!!

The way you put people asleep in this business is mention ICANN. This may be my least read post ever. If Michael Jackson dies again I will have many more readers and many more comments. ICANN? Yawn. But what if ICANN were to encourage criminal activity by their flawed policies? Reverse Domain Hijacking the LEGAL WAY? Maybe I can get your attention even when ICANN is the keyword.

I have long maintained that domains would become so valuable that eventually they would come after our assets. Well if you have been following Mike Berken’s blog, you can tell he is a bit frustrated as he watches what is to unfold and the lack of interest from rank and file domainers. ICANN is about to put your futures in jeopardy. ICANN is about to put their own future in jeopardy if they adopt this bonehead change.

Everyone hates domainers. So let’s start there. No love loss for what we do. However, in their hate for us, in their zeal to stop what we do, they jeopardize the mom and pop websites all over the world. Those are the ones that get caught in the crossfire. Nobody wants to hurt them and that is why we should show how it hurts the little guy with one domain, one website, one business. How just one over reaching jackass can turn their world upside down. We can fight the jackass. We have our legal teams go up against theirs and we will duel to the death. But the guy on Main Street is not so savvy. He may be under represented and the ones that they were supposed to protect are the ones ICANN is about to slay. The 'Rapid Suspension' process will put every domain holder on the defense and in a much weaker position than those plotting to grab your assets with the element of surprise on their side and new rules that will make reverse hijacking the new sport of the day.

While we have squandered a decade, our opposition has come together and have gained a lot of strength. This change if adopted will mark the beginning of the end for many. It gets worse from here, not better. Prepare to go to Federal Court to protect your assets. To REGAIN ownership. To be reimbursed for your losses. Our best defense is to let these jackasses know they and their companies will pay a price for over reaching. A better defense would be not to allow this to happen. So even if it falls on deaf ears, make your thoughts known. One commenter put it this way:

'No system is infallible regardless of it's
intent, but to actively create a system
with such visible fallacies in place is
Jonathan Rusca, Verdant Industries Ltd.

and I completely agree. If adopted, folks could accuse ICANN of extreme Negligence. They can CLEARLY foresee the abuse that can and will happen. If they wrecklessly move forward on this, knowing full well that it is flawed and can do unrepairable damage, not only the possibility, but probability, then we are going to see and witness some landmark legal cases and the restructuring of ICANN from top to bottom. It may actually be the best thing that ever happened to website owners.

Have a GREAT Day!

Rick Schwartz

8 thoughts on “Everyone Hates Domainers. Especially Folks Lobbying ICANN

  1. Kevin

    In every new industry, as more wealth is created and talked about in the media like it has been with domains the more you become a”pick pocket” target. We can huff and puff all we like, but at the end of the day wherever there is big money the wolves and coyotes circle in.
    All I see ahead with this bullshit policy is a lot of lawyers making a lot of money either way like always.
    But your point is quite valid, here we are with North Korea firing missles at us, Iran still going for nukes, the world upside down financially, California out of money, and the biggest story in the news everyday is about what kind of sleep medication Michael Jackson was taking for his insomnia. LOL our priorities in this nation are so screwy its mind boggling.

  2. Jonathan Rusca

    Hi Rick,
    It’s quite an honour for this rank and file domainer to be quoted on your blog. Especially under such industry important circumstances. Your formatting has obscured the full quote so I’ve repeated it below for the benefit of others:
    “No system is infallible regardless of it’s intent but to actively create a
    system with such visible fallacies in place is criminal.”
    Keep up the writing and I promise to keep reading!
    All the best,
    Jonathan Rusca

  3. Kevin

    My ICANN comment URS is posted there now:
    It is insane that with tens of thousands of domain owners in this industry hardly any voice their opinions loudly to protect their investments.

  4. UFO

    Personally, I’d give ICANN warning about breach of implied contract with respect to presumptive renewal and its expectation that the terms and conditions being applied would also stay constant. Otherwise all domain holders could take a class action for all registration fees and purchase costs of their domains made.
    The other angle I would mention is that the”in use” test for registrable trademarks is quite low and trying to place a higher test on domain holders is wrong. A static holding page with adverts on it would meet (I believe) class 35 so ICANN would be trying to invoke an”in use” test beyond that shown in case law (Assuming they are discounting the notion of static parking pages/banner/header/content off your own server).
    Ps: Usual disclaimers apply, seek legal advice this is not prof advice it is an opinion for a blog and entertainment only.

  5. Teahupoo Hall

    This attempt by ICANN as well as the attitude in general towards domainers is no different than we see in the general population.
    Everyone is looking for something for nothing and what better way than to steal from those like ourselves who have the intelligence and creativity to find great TLDs.
    IMHO, every company has the same opportunity we do. If they want to be sure that they get the domains they want for their companies then they should be watching dropped and deleting lists, bidding at auctions, etc.
    Personally, I don’t see how a company can file a trademark violation complaint on a domain that has been registered and dropped several times over several years when they have had the same opportunity I have had to get the name. (just an example)
    We must band together and let our voices be heard.
    Thanks for all you do.

  6. Chris Desouza

    Domainers are good for holding auctions and announcing big sales. That all they fucking do.
    So, what are you going to do other than talk about it Rick? If the likes of industry pioneers like SEDO sell a blatant TM like ToyotaHybrid.com for $20k, what is the future like for this industry.
    Please, stop the warnings. For so much screaming that you do, gather an army, than just sounding the alarm bells.

  7. Ken E

    The members of ICANN probably own some personal domains, it would be a”shame” if they lost some of them because of a ruling like this.


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