BREAKING EXCLUSIVE: Deep Throat Speaks!

Afternoon Folks!!


The other night I had an idea and today I was able to accomplish it. What you will hear will be at the height of the scandal from what I would guess. The announcement is made in THIS TAPE about the new relationship with Oversee and iReit.


In 2007 at TRAFFIC WEST, SnapNames.com sponsored one of our lunches. I just heard the audio for the first time since 2007. CHILLING! Chilling is what I would call it.


What may be the only audio of Nelson “Halvarez” Brady in existence is at the
2007 TRAFFIC WEST in Las Vegas will be posted on this blog once I can get it
pulled from the archives and edited. This audio from 2007 was apparently at the
height of the fraud and scandal. It will be interesting to hear him in his own
words back then.


This is an historic tape. After Howard introduces him, Mason Cole speaks and then introduces Nelson Brady. He uses some interesting words when you look back.


Rick Schwartz


BREAKING EXCLUSIVE: Deep Throat Speaks!

Afternoon Folks!!


In 2007 at TRAFFIC WEST, SnapNames.com sponsored one of our lunches. I just heard the audio for the first time since 2007. CHILLING! Chilling is what I would call it.


What may be the only audio of Nelson “Halvarez” Brady in existence is at the
2007 TRAFFIC WEST in Las Vegas will be posted on this blog once I can get it
pulled from the archives and edited. This audio from 2007 was apparently at the
height of the fraud and scandal. It will be interesting to hear him in his own
words back then.


This is an historic tape. After Howard introduces him, Mason Cole speaks and then introduces Nelson Brady. He uses some interesting words when you look back.


Rick Schwartz


Rick’s 2009 Report Card and what 2010 is Likely to Look Like IMO

Morning Folks!!


It's the eve of December and December has always been a month reserved for reflection, rest, family, fun and looking to the next year and how it will unfold. The best way to do that is to look back at what i thought about things last year.So here is my post about 2009. I got some right, I got some wrong and some things are yet tounfold. I may have been a bit early on some of these things. But they are still coming. I still believe Sears will fold. Just the time may be off. When I said 'Your favorite restaurant will go out of business' I put a 'Maybe' in not to go too far off the ledge. Well, my favorite restaurant DID go out of business. How about yours? Are they holding on for dear life?

2010 is going to be really tough. Really unpredictable. Really a lot of turmoil. But there will also be opportunity the likes we have never seen before. Just keep your seat belt fastened, this ride is far from over and it will be the Christmas numbers that are the TRUE and FIRST indication of how things really are. Just don't fall for the 'Spin.' For example, yesterday I heard a report that foot traffic was way up over last year. Then went on to say that sales were down 8%. That is a HUGE number and in a moment I am going to show you how much worse. While the sales were down 8%, the hidden number is what they are buying. Or should I say what they are not buying. We are buying 'Gifts of necessity' as opposed to luxury gifts. That means we are buying things that we would have bought anyway and labeling a Christmas Gift. That is great actually. However the retailers don't know this is going on and it will mess up all their projections for 2010. Going to be an HORRIFIC first quarter in retail following a dismal Holiday season.


So there is an illusion that things are getting better. But it is nothing more than the eye of the storm passing overhead. The experts are clueless. What is coming is still coming.


Have a GREAT Day!
Rick Schwartz


Life is Fragile. Death Watch for 2 of our Kitty Cats

Morning Folks!!


(Thanksgiving Day Update Below)


We have 7 pets. 6 cats and a dog. 4 rescued. Our oldest cat
“Bully” is 9. We just learned has cancer and is undergoing Chemo. We don’t know if he
will make it. We are waiting to see how he responds.


IMG_0178
Bully on Left, Baby Bully on Right. Father and Son. Both Rescued. Baby was just minutes from being destroyed and even tho I was responsible for saving him, he hisses at me all the time to this very day. Good thing I am used to that.
Then on Monday “Pearl” was limping. So my wife took her to
the vet. They gave her a shot of cortisone. 24 hours later she was having
congestive heart failure which was a reaction to what they did not know existed
even tho a fairly common condition. So they had to put her in an oxygen tent and then my wife had to rush
her from the vet to the Animal Hospital. Pearl is an Abyssinian. Her little heart stopped last night but
they were able to revive her. The last we heard she is in “Very Critical”
condition. 50/50 of making it thru the night. The phone has not rung. That is
good. A bit scared to call.


Picture 696
Pearl in Back, Ruby in Front. Sisters that we just could not separate nearly 7 years ago. Proud Papa


So we are on “Death Watch” for 2 kitties today. Bully has a
son “Little Bully” and they are inseparable. We are worried about him as well.
Then “Pearl” has a sister “Ruby' and they have been together since the day they
were born. So plenty to worry about.


But the POINT of this post is just how fragile life is and
NOBODY is promised tomorrow or next hour. Life is short and delicate and
sometimes we lose sight of what is really important.


CIMG0050
RIP Fluffy. Son of Bully, Brother of Baby. Half brother of Ebby and Blackie. Did not rescue in time.


Image027
RIP George. He would just plop down on my desk and I would have to work around him.


Cruise 018
Ebby. Same mother as Baby Bully. Sister to Blackie.


CIMG0371
Blackie. Sister of Ebby. Half sister to Baby Bully and half or full sister to Fluffy


IMG_4390
Freddy. He runs the place and let's us live here with him. ;-)
Have a great holiday. Enjoy your families. Stop and smell
the roses! Maybe a couple prayers.


Rick Schwartz


Update. Pearl survived the night. She was given a 50/50 chance of making it until this morning.
Update. Bully Goes in for 2nd round of Chemo in 1 hour. Being forced fed by Alina.


Thanksgiving Day Update:


Pearl is doing 'Awesome' was the word the docs used last night. She is out of the oxygen tent and breathing on her own. We expect to take her home today! She made it!!! A real miracle. Thanks for the prayers. She was gone.


Bully had his second round of Chemo and he is doing better as well. His personality is back, rubbies, and a lot more talkative. But he is still be forced fed, but things are looking better for Bully as well. His white blood cells are up and things for both kitties have stabilized


Monday Update...Both Pearl and Bully are resting comfortably but improvement is very slow and we just have to take it one day at a time.

So we have a lot to be thankful for today. We dodged TWO bullets for the moment.


December 2nd update. Pearl is doing great! She is back to her normal self as of yesterday and her surviving was a true miracle. She still requires rest as an heart patient would. Otherwise, she is doing fine and hope to know more for the long term tomorrow when the vet checks her.


Bully is day to day but is showing signs of getting stronger and is eating a little bit on his own. Today is the day we get results back from the first 2 chemo treatments. If his blood count gets better they will do a third and more intense treatment. If not, then we will evaluate with the vet and decide what to do.we would NEVER allow him to suffer. But we would also NEVER just walk away without giving him a chance to fight. Pearl was dead. Her tiny heart stopped beating. They massaged her back and today she is a happy camper again. We would NEVER just walk away but we would never keep any of them for selfish reasons if we see them in distress.


Investigation or Cover up?? Take our Poll

Morning Folks!


As I explained my opinion onyesterday’s post, we are either witnessing
an investigation or a cover up. I
am not sure which one but since not a single word has been spoken, I have to
assume cover up but I am PRAYING that it is an investigation by the FBI. Short of that, imo, we are getting hosed and
lied to and bullshitted by this wall of silence. Maybe MOST domainers are okay with that….I AM NOT!


People are moving traffic away. People are moving domains away. People are just moving their business away. People are just moving on. If we don’t start to get ANSWERS pretty soon, I think boycott by domainers may be the only way to force their hand. It seems the ONLY leverage we may have as this goes on with NOBODY speaking. Other suggestions? I feel like the entire Industry is being held captive until we have some answers to all the questions that are out there.


We are on the eve of 2 WEEKS of this STONEWALL. When do we
get ANSWERS????? When does the bleeding stop? When do we here the TRUTH about
what is happened and how deep that TRUTH goes?? I can figure
out only 2 explanations. The first is involvement by the FBI. The second is they are more scared to go to prison then they are to lose their business. There is a cloud over the industry until we get some clear answers and I think that cloud will be something we deal with for a long time regardless of the outcome imo.


Rick Schwartz


Scandal Day 12. A Review of Where We Are, How We Got Here and Where to Now?

Morning Folks!!


There is a smaller and smaller group questioning the motives of my posts. I admit I may not be the best person to be so outspoken because of the way it might look, but
sitting on the sidelines while the biggest scandal ever is rocking the industry
just ain’t my style and this is way too important to worry who will say what and all the other BS. E
ven those thatdisagree, do you really question the sincerity of my anger and outrage and love of the industry and what we all do? My anger has subsided a bit because I have been able to express
myself over the last few days with these posts. But it does hurt. Deeply. Maybe it is just me, I don’t
think so, but I have this sort of sick feeling in the pit of my stomach each day. This dark cloud hanging over the Industry is something we will deal with for a very long time and none of us need it or deserve it.


Let's review a few things. We have basically only 5 bits of information. The first was the initial Stories and Press Release which I got fromTheDomains.com &DomainNameNews.com plus the related stories that spilled over to TechCrunch.com and other publications outside the industry. The second was thepostthat was NOT supposed to be posted about 'Coordinating closely' or words to that effect by a lower level employee of Oversee that many never heard of before. Finally thecontract that reveals more than all the other stuff combined as it is a roadmap to what they seem to be scared of when you work it backwards. Then add that nobody is talking regardless of the costs and damage being done and we have four.


The fifth bit is the great and detailed posts again by Mike Berkens of The Domains.com who is not only one of the first to break the story but also is one of thelarger victimseven though his staggering numbers represent only 1.2% of the tainted Snapname.com auctions according to Mike. He was personally involved in 12,000 different auctions that Halvarez was involved in for a staggering total of 360,000 bids. He concluded that Halvarez acted alone based on his 1.2%. But what we don't know is if he was the lone player in this or was it more widespread and systematic? If you extrapolate the numbers from Mike's 1.2%, and I just use 1% and an estimate for the .2 (because I don't want to invest the time to be exact) but we are talking around 1 million different auctions that may have included bids in the area of 30 Million. Just staggering!


Any domainer looking at just these facts alone and plan to be in this business for the rest of their lives have to be rocked, shocked and angered. The rest are defending but what exactly are they defending at this point? I am just not sure what they are defending given the gravity of the matter and what we already know.


Stephen Douglas asked the question (Second comment, 'The Dude') that he saidRon Jackson was too polite to ask. He is right. Ron would not ask it. But now it is out there. For better or worse, it is out there. What was hard to even discuss in private is now out there and I guess we just have to wait until more is known and statements are made. The last days have given us a multi million dollar scandal, and anindustry shakeup with some very high level and highly regarded people. We have no answers or statements for any of what is going on and some are hesitantly asking is this coincidence? Now I am not stating anything because I don't know anything, but the post made me wonder. You wonder. We all wonder except for those that know but are not talking. I would agree withAdam's sentiments, 'I get your point that a wise person would explain their departure'.


As you can see by my series of posts below, the anger builds. It took me nearly 24 hours just to comment initially because I knew that this had wide ranging implications that could disrupt many things. I needed time to think, to understand, to understand the ramifications and the fallout and what it meant and what it means and what it is going to mean and how it will change things. Figuring out how something plays out is what I do for a living. Whether it be domains, real estate, stocks, politics, lighting, furniture, That is what I do.


Don't expect anyone not think and not wonder and not try to make assumptions and not try to connect the dots until we get some concrete and frank answers. We don't know if there is a cover up going on or an investigation. That my friends is it in a nutshell. That is the single biggest point. If there is a cover up, we can't allow that. Period. If there is an investigation, then we need to do everything we can to cooperate. I would only hope if an investigation were going on that it was led by the FBI and not an 'Internal' investigation led by PR firms and lawyers. All any of us want is to know and be satisfied is that they are doing the right things as opposed to anything else. If they do the right thing, they will be applauded and I will be among the first to stand up and do it. If they don't, then I will be the among first to stand up and say so.


I will be writing about this again and again and again until we get some real answers and then I will examine it and see how it fits into what we already know. Hope for the best and prepare for the worst. Don't feel guilty for being angry and speaking out, feel guilty for sitting on the sides and saying nothing. Feel guilty for excusing it. Feel guilty for minimizing it. Feel guilty for forgetting about it. But don't feel guilty for being angry. Don't feel guilty for DEMANDING answers. Don't feel guilty for protecting your livelihood and your futures that OTHERS have put into jeopardy, AGAIN! And don't let others turn it back on us just for speaking out and saying what needs to be said and asking the questions that BEG to be asked!


Rick Schwartz


First Post


Second Post


Third Post


Fourth Post


Fifth Post


Sixth Post



Howard Neu Points out Flaws and INVALIDITY of the Oversee Agreement! $2000 Legal Opinion for FREE!

Morning Folks!!


I asked Howard yesterday to write a detailed legal opinion for me on the Oversee Release for all domainers to see. I hope you are sitting down. Don't do anything hasty. This is going to be another BARN BURNER! Howard is going to pick this apart one point at a time and I think he could go on even further with all the flaws he reveals.


From Howard:


*I, the undersigned,
individually and jointly, for myself and my successors, assigns, trustees,
partners, joint venturers, directors, officers, affiliates, associates,
managers, licensees, and for any other claiming through or under each or all of
them and for any person or entity with or for whom I may have purchased the
above mentioned names (collectively, the “Releasors”)


This means that you are signing this document to give away not
only any rights that you may have, but also the rights of others with whom you
may be associated in some way
.


hereby
release and forever discharge, acquit, covenant not to sue and acknowledge
complete satisfaction


You are releasing possible claims that you may not even know you
had
.


from,
SnapNames, and its past and present parent companies (including Oversee.net),
affiliates, successors, assigns, agents, attorneys, servants, representatives,
employees, independent contractors, trustees, administrators,
predecessors-in-interest, insurers, partners, joint venturers, stockholders,
members, directors, officers, parent companies, associated companies, holding
companies, subsidiaries, divisions, affiliates, associates, managers,
licensees, accountants and consultants of any of the foregoing (collectively,
the “Releasees”)


This basically releases anyone, anything or any entity in the
whole world that has had anything whatsoever to do with Snapnames, Oversee,
their stockholders (including Brady), accountants (who may have been in
collusion – see ENRON) attorneys (who may have given bad advice), affiliates
(God knows who THEY are), licensees (what do THEY have to do with this?) and
consultants (??????).


for any and all claims, actions,
arbitrations, charges, complaints, grievances, hearings, causes of action,
actions, suits, damages, costs, expenses, judgments, liabilities, demands,
inquiries, investigations, proceedings or suits of every kind and nature
whatsoever, whether known or unknown, suspected or unsuspected, previously
existing, or now existing,
or hereafter arising, in law or in equity
(collectively, the “Claims”),


This means that Snapnames, Oversee and all of the aforementioned
Usual Suspects can ride roughshod over you, your domains, your auctions, or any
possible FUTURE action that you may have with IMPUNITY. The one thing that they are presently
in short supply of is TRUST. Yet,
they are saying that if you sign this document which gives away every right
that you have, you can TRUST them that they won’t screw you again. That reminds me of the currently
running Apple ad where the PC is constantly saying “TRUST ME”.


which the Releasors or any of them had, may
have had, or now has, from the beginning of time to today’s date against the
Releasees, collectively, or any of the Releasees, individually, for or by
reason of any matter whatsoever relating to the auctions for and acquisition of
the Domains, including without limitation, any Claims relating in whole or in
part to the bidding activity of the SnapNames user associated with the user
name “halvarez” (the “Released Matters”)


This somewhat contradicts the previous statement of claims
“hereafter arising” by limiting the future to “today’s date”, but it is not as
charitable as you might first believe.
While the first statement including claims in the future goes to any
claims whatsoever, this portion is limited solely to claims arising out of the
actions of “Halvarez”. Thus, while
you are giving up any rights that you may have as to the “Halvarez” matter as
of the day you sign this ludicrous document, you are still giving up ALL RIGHTS
to any action or claim that you may now have or have IN THE FUTURE concerning
any of the activities of Snapnames, Oversee, and the Seven Dwarfs
.


for damages, restitution, disgorgement,
unjust enrichment, civil penalties, statutory penalties, injunctive and/or
declaratory relief, whether class, individual, representative, or otherwise in
nature, including costs, expenses, penalties, and attorneys fees
.


This may be the most insidious clause of all. Not only can you not claim damages now
OR IN THE FUTURE, but you must opt out of any class action or actions that may
be brought against these culprits and forget about any costs that you may incur
to protect your interests.



Unless
the Releasor is meaningfully educated by the Releasee as to both the nature of
the release and the risk involved, the release is invalid as a matter of law in
a number of jurisdictions.
Contracts intending to release one’s self from liability must be
strictly construed against the enforcing party. The law disfavors contractual provisions by which one party
seeks to immunize himself against the consequences of his own torts. Also, releases only limit liability for
risks specifically contemplated by the release.


It would
therefore appear that this release is overly broad to the point of possibly
being at least partially invalid.
It is necessary that the express terms of the agreement be applicable to
the particular misconduct of the Releasee. If there was no misconduct on the part of Snapnames or
Oversee, then why would they need such a release?


The key to enforceability of a release is the knowledge on the part of the Releasor
of the exact nature of the agreement.
If things “known or unknown” are being intentionally hidden from the
Releasor, the agreement has no validity.


The bottom line here is not to rush into signing away your rights for a pot of
porridge. Let time reveal exactly
who the culprit or culprits are and determine where liability may lie. Then, and only then, can someone
intelligently sign a document giving away his rights for all eternity.

Thank you Howard!! This info should be invaluable in each and every domainer and illustrate in a legal way just what a mine field this agreement is and the ramifications of putting a signature on this GARBAGE! What we are witnessing is a disaster. What we are witnessing will shape how you do business for the rest of your lives. What we are witnessing is a company that is so scared to speak, that must have so many things and people to protect, they would rather implode before our very eyes than answer the questions that have been posed for days by multiple people. That is what it looks like to me in myopinion and that opinion is getting more and more common place. This is a sad day and I am at a loss. The worst handled mess I have ever seen. That's what you get with PR and Bean Counters and Lawyers running a BUSINESS. Let's have a MEETING!! For the sake of the industry and everyone in it, I beg the folks at Oversee to step forward and fix this before the point of no return. A point that I believe we are in the midst of passing. A sad day any way you look at it.Silence is deadly and being calculating is even worse when you have so many involved.

Rick Schwartz


Howard Neu Let’s Loose on”Obvious-Coverup”…Stone Wall Day 9…An Agreement of INSANITY! PART 1

Morning Folks!


Fasten your seat belts. These next 2 posts are going to be the most riveting you have ever seen on my blog. Howard is going to give you a lawyers view of the Oversee contract, LINE BY LINE! Yesterday I touched on the Oversee/Snapnames agreement. Later I posted the following
on
TheDomains.com where Mike Berkens disects the 12,000 auctions he was involved in with 'Halvarez'. Thanks Mike for taking the time and expense to do this for all to see and stepping up to cover this story.


'Their
release could have been one sentence: “I hear-by release Oversee and Snap for
any liability arising from any past auction involving Halvarez.”


The way
they word that contractual release is the single biggest reason for this
unraveling and people looking for more of the story, who is involved and if it
spills over to other companies. They want folks to sign away their rights since
Day one of the Universe before you even know the extent of what might have
really happened.. I think anyone that signs that does not have any idea of the
far reaching impact it could have. It is absolutely INSANE to sign your rights
away BEFORE all the facts are in and even then the release is so bad I think
paying every domainer $10,000 whether affected or not would be a coup for them.
Sign your LIFE away with this baby. INSANE!'


Oversee could have kept it simple and put what I said on the back of the check with no
fanfare. Instead they went for something that includes “From the beginning of
time” and absolves them of everything that could have ever happened or did ever
happen or anything that gets uncovered from here on out. That does not sound like a 'Victim' to me, that sounds like a company with some things to hide, people to protect and worse if it involves others outside the company. Is the entire Industry being hoodwinked by a piraña? And if it is, how many will remain silent, how many will stay on the sidelines, and how many are willing to stick their dick out and speak up??

As Mike Berkens points
out, you have
ONE YEAR to sign and get a refund. I’d be willing to bet there
wil
l be a revised agreement at some point. And if they don't get real, then they will keep dealing with more and more fallout and eventually they will either capitulate or worse. My opinion.

This agreement is INSANE, over reaching and unfair
IMHO which is not a legal opinion. So I decided to ask Howard to post on the
legal ramifications so every one in this industry has an opportunity to get a
handle on all this before signing something that you might regret for a very
long time. Any domainer signing it would have to be hard up for cash the way I
view the world or just want to make this all go away as fast as possible. Selling out for chump change. Tell them you don’t want the
money, Tell them you just want the truth without the PR firm and without the
damage control.
As Mike Berkens points
out, you have ONE YEAR to sign and get a refund. I’d be willing to bet there
will be a revised agreement. This agreement is INSANE, over reaching and unfair
IMHO which is not a legal opinion. So I decided to ask Howard to post on the
legal ramifications so every one in this industry has an opportunity to get a
handle on all this before signing something that you might regret for a very
long time. Any domainer signing it would have to be hard up for cash the way I
view the world or just want to make this all go away as fast as possible. Selling out for chump change. Tell them you don’t want the
money, Tell them you just want the truth without the PR firm and without the
damage control.
Howard Neu posted the following no holds barred comments on Mike's blog and then will be followed by a post in Part 2 just addressing the release form. Free legal advice from one of the best in the biz.

'It seems to me, that the biggest question of all has been left unanswered. WHY HAVE NO CHARGES BEEN BROUGHT AGAINST BRADY? Why have we not heard from Jeff Kupietsky? Why have we not heard from Craig Snyder?Who else is involved in this obvious cover-up? Millions of dollars have been lost by domainers, yet no charges have been brought. Oversee spent millions of dollars acquiring Snapnames at a hugely inflated price, yet no charges have been brought. The domain industry is on the brink of possible collapse due to lack of trust, yet no charges have been brought.Who is protecting whom?

A child can see that laws have been broken and fraud has been committed, yet we hear absolutely nothing from the so-called defrauded company, Oversee. What are they hiding? Are they afraid that their own positions and livelihoods are in jeopardy?

It seems mighty strange to me that not one word has been heard from the company other than to send out the most ridiculous Settlement Offers with unbelievable releases that you have to be absolutely financially desperate to sign. The language contained in those releases is legally binding, yet unheard of in legal circles in its breadth of forgiveness and letting everybody off the hook. Again, what are they afraid of? I intend to address a separate post to the language of the releases.'

Much more to come from Howard in Part 2.

You may also be interested in the interview at DNW where Santiago A. Cueto (The first attorney to file a Class Action in this mess) states: 'This is an interesting case because SnapNames has already admitted wrong doing and offered to compensate victims. “That’s not going to cut it,” said S. Cueto. “We want to clean up the industry.” Both brothers think insider bidding is pervasive in the industry, and they may expand their investigation to other companies as well.'

After reading that, I for one welcome their involvement and hope others join the search for the TRUTH of what the hell is going on and how far reaching is it!!

Rick Schwartz


Chapter 1 and Chapter 3…..The Cover up? The First Chapter, The Current Chapter

Morning Folks!!


One thing I have always learned in life is the cover up is
worse than the crime. We have all learned that. At least we were supposed to
learn that the first time you told your parents a lie. You lied about something
stupid. I can guarantee it. We barely got punished for the bad thing we did
because the lie trumped the bad thing 1000 times over. We have seen it in politics countless times, the coverup is almost always worse than the initial crime.


What can I tell you other than my personal opinion and views and what folks out there are wondering right now? I hear domainers everywhere asking if there is a massive cover up
going on in this industry as I write this? Sorry, that is how it looks and that is the topic I see time and time again. NOBODY of
authority is coming forward. They are all hiding under their desks and sending
out a “Mouthpiece of coordination” that I never seemed to of heard of before the other
day when he made the mistaken post below before it was removed and everyone saw it.
Now he is famous.


'My
understanding is you will primarily speak for the company in these
forums. To that end, let’s coordinate closely on what’s being said and
how to reply.
Let me know if you have questions from here. Thanks.'


Well I have not heard many replies to what is being asked have you. None at all other than putting back online what they removed. They say it only went back 24 months and others say it went back a lot longer. That is just one thing I could point to and domainers strongly voiced their OPINIONS and Oversee did what they were FORCED to do not because it was the right thing in MY opinion and that of others.


Have you read thesettlement contract? You waive so many rights I don't have enough room to post and I am no lawyer. But I will below* and if you sign it before the facts come to light, I just want to ask one question.....Did you actually read it and ask a competent lawyer what the ramifications are??


Trust. That’s what this industry is built on and it has been
breeched, business goes on as usual and I think it sucks! As we see from that 'Smoking gun' above. Domainers are wondering if a cover up may have started from the get go? If others are involved and when are they going to come forward? How many are in legal jeopardy and is that why there is silence? It looks more and more so all the time. Again, that is my opinion and those I hear expressed in both public and private conversations. We are all wondering the same things and their ain't no way to coordinate and control that unless you start
suing your own customers. Props and Great timing to their PR firm on that one if they were the ones to 'Coordinate' that.


On the surface it seems like they want to do the right thing but that contract is so over reaching that one only has to ask why and what are they really scared of? From outside here, it looks like they are TRAPPED in a catch 22. Damned if they do, damned if they don't. So from that perspective I feel bad. But not bad enough to ignore especially when I and others keep wondering if more are involved? Others could be in similar positions. Maybe even SYSTEMATIC! I don't know, none of us do but the contract gives strong clues imo and one of them birdies is going to sing someday.


I see that the entire industry is being tarnished. I really hate that part. Why do we have to defend and explain the indefensible? We as an industry are going to have to deal with the fallout and mess for years to come. The controversy is just starting. They gave our detractors the greatest gift in the universe.


I am really sick of making these posts. But each day the anger grows and each
day new ramifications come to light and each day new questions are being asked
and we are getting lip service or nothing at all because of the 'coordination thing' I guess. It’s just wrong imo. It is just
looking like a coordinated cover up with every passing hour and day and it started with that first post above, then the history controversy and then the lack of any answers on the simplest of questions. What
is your take? Time to stand up and DEMAND answers, not just ask for them! I would like to see them get on Youtube and tell us wtf is really going on? Who else is involved? Are other companies involved? Can't do that? I understand. But while you
protect your companies and you protect those that may be involved and while you take your TIME to answer these, I truly believe harm is being done to an industry we all love and expect to make a living from for the rest of our lives. Am I a bit upset? You bet your sweet ass I am and I hope others are as well as they start to understand the CLOUD this industry has been put under due to no fault of their own.


Sorry, that is the anger coming out that I have been trying to contain for a week now. I have said what I need to say and what I have to say. Strictly my opinion. But all based on the most recent events or lack of them and the questions being asked on the forums that are very good and going unanswered as well as new info on those boards. This is OUR industry and we will ALL be judged on this. We can either be like baseball and sweep it under the rug or have some class and backbone like Ron Jackson displayed yesterday in hisweekly sales report. Evidence that we will all be mopping this up for some time. Kudos to Ron!


'So, the way we have addressed this situation is to
put a
permanent notice on all of our annualYTD
charts
since 2005 as well as thecurrent
one
s
for 2009, advising readers that even though
SnapNames sales listed between 2005 and October 2009
were
completed at the prices shown
, some buyers may have
received refunds after October 2009 of
a portion of the
original prices they paid. We have also placed an asterisk on every
SnapNames sale listed on those annual charts to refer readers to the
notice in the chart footnotes.'


So like I stated above, WE may be cleaning up THEIR mess for YEARS to come before we even know the full details and impact. This just NEEDS to be said to set the record straight and let folks outside the walls of our industry KNOW that we do NOT operate like this! That while some engage in activities that are as we have seen, the core of the domain industry is made up of solid and responsible business people that do business on a handshake because of a foundation of trust. Grab a mop and SOUNDOFF!


Rick Schwartz


*I, the undersigned, individually and jointly, for myself and my successors, assigns, trustees, partners, joint venturers, directors, officers, affiliates, associates, managers, licensees, and for any other claiming through or under each or all of them and for any person or entity with or for whom I may have purchased the above mentioned names (collectively, the “Releasors”) hereby release and forever discharge, acquit, covenant not to sue and acknowledge complete satisfaction from, SnapNames, and its past and present parent companies (including Oversee.net), affiliates, successors, assigns, agents, attorneys, servants, representatives, employees, independent contractors, trustees, administrators, predecessors-in-interest, insurers, partners, joint venturers, stockholders, members, directors, officers, parent companies, associated companies, holding companies, subsidiaries, divisions, affiliates, associates, managers, licensees, accountants and consultants of any of the foregoing (collectively, the “Releasees”) for any and all claims, actions, arbitrations, charges, complaints, grievances, hearings, causes of action, actions, suits, damages, costs, expenses, judgments, liabilities, demands, inquiries, investigations, proceedings or suits of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, previously existing, or now existing, or hereafter arising, in law or in equity (collectively, the “Claims”), which the Releasors or any of them had, may have had, or now has, from the beginning of time to today’s date against the Releasees, collectively, or any of the Releasees, individually, for or by reason of any matter whatsoever relating to the auctions for and acquisition of the Domains, including without limitation, any Claims relating in whole or in part to the bidding activity of the SnapNames user associated with the user name “halvarez” (the “Released Matters”) for damages, restitution, disgorgement, unjust enrichment, civil penalties, statutory penalties, injunctive and/or declaratory relief, whether class, individual, representative, or otherwise in nature, including costs, expenses, penalties, and attorneys fees.


The Silence is Deafening. How about some SIMPLE Answers?

Morning Folks!!


As long as we are talking about “Shills”, let’s talk about
“Forum Shills”. What is this? These are guys defending the indefensible. Each
board seems to have at least one poster ready to defend each and every negative
thought. My advice, give it a rest.


But what this post is about is something many won’t like.
From the little I know and I, like you, know very little as not an official
word in days. So speculation grows. Some of that speculation is backed up by
some pretty strong evidence and there appears to be something that spills over
outside Snapnames and Oversee. If that were the case, the only way to ever find
the truth and the total depth of this would be an “Industry Grand Jury.” Now I
know this is not going to happen, but I still want to raise this because if it
does spill over, a Grand Jury would be the only way to figure out this entire
thing unless 'Deep Throat' sings. Inside investigations led by lawyers and PR firms with all types of motives and cover your ass thinking is a dog and pony
show. In Act 2, as you see will be silence and stone walling


I have seen this show before. Death by 1000 cuts. Mostly
self inflicted as it is normal for those on the ropes to calculate and when
they do, they usually miscalculate because they are in CYA mode.


Now as far as the “Class Action”……well it shows that there
is some real damages here. But at the end of the day, they may bring the house
down, but the share any one will receive will be more like $4.50. That said we
will see many lawsuits because of the shear size, scope and amount of money
involved.


PCWorld


TheWhir


As you can see above, this is making news in the mainstream
of the Tech universe. The Industry
has suffered great damage imo in addition to actual domainers. How many years did
that kick us back? Has anyone asked that? It is a setback no matter how you
look at it. A set back at our very core and with the largest representative of
the Industry involved in a multi million dollar scandal that has affected the lives of most people in it. Like I stated
before, this is where I just get angry. I do, I am and it is hard to put it in
words. I have seen things first hand. Then when I think that it may actually spill over to other companies,
other individuals etc, I just have to stop because I am about to be enraged. But I do think there is a CULTURE
out there that has continually done things that most would just find wrong and would it be wrong to conclude who headed that culture based on what we have seen? It’s like where do you start? All I know is that it angers me and it angers
everyone I have spoken with in ways they might not say publicly but future actions
will demonstrate. The TRUST has been broken and folks are asking the question
really at the core. Where is the money coming from for all these settlements?
The wide shared belief is that it will result in lower PPC payouts. Then in
effect domainers are just getting jerked off. Paying themselves with their own earned income?


Trust? The trust has been broken.
I have no idea how they can fix that trust without coming clean and letting it
all hang out. I guess it is go fo broke or possibly go broke. Silence and
stonewalling waiting for this to blow over is folly. It ain’t gonna happen. There is real anger out there and I think the
post I made last month about who you do business with has much more merit today.


Now I don't want to pile on but don't insult the intelligence of domainers. Give us some straight talk before nobody believes a word. How far reaching is this? REALLY? Has a police report been made? Who knew and WHEN did they know it? We already have evidence on the boards that is not consistent to the statements being made. Every HOUR and every DAY that passes will be painful until you guys tell theTRUTH and start to level with the industry. Sorry, but this is really beginning to get old very fast and anger is building.


These are my opinions but I doubt I am the only one that shares some of these things. And if I am, well, nothing knew. Just like some may use this post against me, detractors of the industry will use this scandal by the largest player in it against every one of us and point to it as further evidence that we are a corrupt, non legitmate way to make a living and they will do that for years and years and maybe longer than that. That is DAMAGE that you can't see or put a price on. The invisible price and cost each and every one of us will pay and bear the burden with for years to come. It becomes part of our foundation. Our flawed foundation. Ammunition for our enemies! That my friends is the real damage. The real disgrace. The real story from how I view the universe. For those that want to minimize the effect, so be it. For those that want to turn a blind eye and excuse it, that is why we are here to begin with.


Rick Schwartz