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Inexpensive Alternatives for ICANN Disputes?

SerialHistorian asks: "The commmunity college newspaper that I was once a staff member and webmaster of had its domain name expire recently without realizing it, and it was snatched up by a porn merchant from the Dominican Republic. Unfortunately, we found that the ICANN dispute fees -start- at $1500. For a college paper whose full annual budget is $10,000, that's not a realistic price... so is there any alternative to the ICANN dispute method so that they can get their domain name back?" According to ICANN's website, there are a limited number of approved UDRP providers, none of which will arbitrate for anything less than US$1100. Are there cheaper methods that one can use to challenge a domain name reassignment? Is it possible to challenge domain name transfers without invoking the UDRP? Why does the handling of such disputes cost so much?

18 of 35 comments (clear)

  1. why should you get it? by oyenstikker · · Score: 5, Insightful

    I'm asking a question here, not trying to say anything.

    Why should you get your name back? You didn't reregister it when it expired. Someone else did. Isn't domain name allocation supposed to be first come first serve?

    --
    The masses are the crack whores of religion.
    1. Re:why should you get it? by duffbeer703 · · Score: 3, Interesting

      Normally I would agree with this... but I've seen first hand that domain registrars are beyond incompetent in handling renewals and providing warnings to about-to-expire accounts.

      There should be some sort of regulation that puts these bulk-registering or domain name extortion rackets out of business. There is no legitimate need for any organization to register thousands of domain names.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
  2. Plain and simple... by Geraden · · Score: 2, Insightful

    It costs a bundle to keep people from arbitrarily challenging any domain name at any time -- if it's going to take > $1000 to challenge, you're going to be PRETTY damned sure you have a case before you undertake.

    In essence, it keeps the channels clear for serious challenges.

    If you feel you have a case, challenge, then sue the party when you win to recover court costs.

    Oh, and IANAL.

    Scott

  3. Aye? by The+Whinger · · Score: 3, Insightful

    I really don't see how you have a case. The domain expired, they bought it. Deal with it.

    1. Re:Aye? by haplo21112 · · Score: 2

      While I want to agree with you(a little just because your .sig is most cool, and a don't want to disagree with another Rushfan(tm))...I don't see it as the same thing. Domain names in many cases are a very personal thing, and to have it ripped away as such is disheartening. I also disagree because I think domain names really should be property, and your just paying the registrar to maintain your info about DNS servers and such. You've staked your claim, now you have to pay your taxes on the property so to speak. The registar has an obligation to bill you and you have right to pay the bill(even late) before the property gets sold at auction.

      --
      Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  4. Not realise? by OrangeSpyderMan · · Score: 5, Insightful

    without realizing it

    Please give me your secret! Seriously though, given the hawk like gaze that most registrars have on expiry dates, I can't believe you didn't get hounded with renewal notices. Heck - one of my domains is up for renewal in febuary and I've been getting at least one mail a week asking me to renew it. Sounds simply like the person who was the contact wasn't doing their job, so as everyone else on Slashdot will point out eagerly, I think you're just gonna have to deal with it, and that's the best and fairest way there is - I for one sure would be pissed if I registered a domain only to get it taken off me because the former owner suddenly decided he still wanted it after all.

    --
    Try NetBSD... safe,straightforward,useful.
    1. Re:Not realise? by Zach+Garner · · Score: 2

      Christ! February! I've got one up for renewal in MAY and Register.com has been sending me emails weekly since early November!

    2. Re:Not realise? by photon317 · · Score: 2


      I just got a renewal notice for a domain I have prepaid 5 years into the future :(

      --
      11*43+456^2
  5. Do you really want it back now? by Samus · · Score: 5, Insightful

    If as you say your domain is now owned by a porn site operator do you really want it back? Its probably quickly getting black listed across corporate proxy servers all over the country as we speak. Cut your losses and get a new name. Perhaps since you are part of a community college you could just get a sub domain off of them? It would be a lot cheaper and would probably make more sense. If you haven't soured your relations with the porn guy you could even ask him to link to this new domain.

    --
    In Republican America phones tap you.
  6. Simple by jon787 · · Score: 3, Insightful

    Why does the handling of such disputes cost so much?

    Obviously because it was designed to let corporations take domains away from the little guy and not the other way around. Yet another case of the rich get richer, the poor get poorer.

    --
    X(7): A program for managing terminal windows. See also screen(1).
    1. Re:Simple by anthony_dipierro · · Score: 2

      Yet another case of the rich get richer, the poor get poorer.

      Well, in this case it would be the rich get domain names, the poor lose domain names.

  7. Cant believe nobody suggested this yet... by Linux_ho · · Score: 4, Insightful

    Have you tried calling the pr0n merchant directly and negotiating with them? It obviously will be the least expensive route, and is probably your only real chance at getting the domain back anyway. They may accept a payment far less than ICANNs arbitration fee.

    Why do people so often look to involve the authorities when they havent yet tried a neighborly approach that is so often more effective and far less expensive?

    --
    include $sig;
    1;
    1. Re:Cant believe nobody suggested this yet... by Linux_ho · · Score: 2

      Because it's like buying stolen property (back) or paying "protection" money. It may be the cheapest short term solution, but it's going to cost more than money (and that too) in the long run.

      Bullshit. It's not stolen property. They didn't pay the registration fee, they let the registration lapse, and someone else paid for the domain in the meanwhile. It's their own damn fault, and they will be lucky if the pr0n merchant is willing to sell it back to them at all. Given that the domain legitimately belongs to the pr0n merchant now, the least they can do is make an offer to buy it from them before whining to the authorities.

      --
      include $sig;
      1;
    2. Re:Cant believe nobody suggested this yet... by anthony_dipierro · · Score: 2

      It may be the cheapest short term solution, but it's going to cost more than money (and that too) in the long run.

      How is it going to cost more than money (and that too) in the long run?

      Buying back stolen property or paying "protection" money is only a bad idea because there's no guarantee you'll get your property back or your "protection". In this case you enter into a contract to get your domain back for a certain price, and if you don't get your domain back you cancel the check.

    3. Re:Cant believe nobody suggested this yet... by anthony_dipierro · · Score: 2

      I think we agree that what the pornsite is doing isn't morally ok

      I disagree with that.

  8. $1200? Dominican republic? by wowbagger · · Score: 3, Insightful

    For $1200 in the Dominican republic, you could arrange for the domain to become free again quite easily - dead men don't need domains.

    But seriously -register a new domain and move on - your old domain will be on blacklists and won't be accessible from NetNannied systems.

    How about just creating a subdomain under your school's domain - if the school is skuul.k12.ar.us, create paper.skuul.k12.ar.us and use that. That way, you save a domain fee, and you will only lose the domain if your school does something incredibly stupid.

  9. +1 Funny on the MQR standard by MarkusQ · · Score: 2

    Who in the heck moderated this guy as "flamebait"? What were you thinking, that he was trying to goad the rabid fans of hotxxxlickdrip.com into starting a flame war? Did you even follow/look at the link?

    He was jokeing!

    -- MarkusQ

  10. A Word of Warning: DOTSTER by digitaltraveller · · Score: 2

    Slightly OT, but this is probably useful to fellow /.'ers:

    Like many of you, I once bought some domains from Dotster, during the time they were advertising their services on Slashdot.
    After getting spam pestering me to buy more domains, I stopped dealing with them.

    About a week ago, I logged into my Dotster account to see what domains I have left. I was shocked to see that next to all my domains was a checkbox that said "Auto-Renew" and was checked! I guess now that the domain name gold rush is over stealing money under the guise of a service is now considered a legitimate tactic by these sleazeballs.

    You have been warned !