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Buying a Domain From a Cybersquatter

Nevo writes "A partner and I are in the planning stages of a business. We've decided on a name that we'd like to use but the domain name is already registered. The owner has a single 'search' page up (similar to the one at www.goggle.com)... clearly not a legitimate business interest, but since we don't own a trademark on this name it doesn't qualify as bad faith, I don't think. Does anyone have any experience buying domains from these operators? Do you have any advice on how to approach the owners of these domains to get them at a reasonable cost?"

30 of 800 comments (clear)

  1. Unfortunate by eldavojohn · · Score: 5, Insightful

    When I've accidentally typed in an address wrong, I've been brought to a page with "premium" domains that a squatter is sitting on listing the prices for them. They were all pretty bland and stupid sites like a000.org or MedicMan.net but they listed the prices anywhere from $100 to $5,000. Unfortunately what you have to realize if you're going to make this offer is that they're doing this for those few times a year they strike it rich so it's probably going to be closer to $5,000 or more. If the site is like two last names or something readable, it's probably going to be pretty high cost. Far less than a court case you probably wouldn't win though.

    The last thing you need to realize is that whatever money you give this guy is just going to fund him to buy up more domains and keep his hands on others longer. If you wanted to do the most conscious thing for the community, you would just find another domain and not give this scum one red cent.

    --
    My work here is dung.
    1. Re:Unfortunate by Ed+Avis · · Score: 5, Insightful

      The last thing you need to realize is that whatever money you give this guy is just going to fund him to buy up more domains and keep his hands on others longer.

      That's the same if you buy anything from anybody. Do you believe that domain names should not be bought and sold but handed out by Santa according to who is good and who is naughty? If you accept that people have the right to resell domain names they own, it's entirely their own business what fee to charge. Of course if someone else owns something you want, and won't give it up without payment, it's natural to feel aggrieved and vilify the other person. That doesn't mean they are scum. It is the odd system of domain names and artificial scarcity that causes domain names to have a high value. Either pay what it's worth (and no, what it's worth is not the same as 'the price I think I should be able to buy it for') or choose a different domain.

      --
      -- Ed Avis ed@membled.com
    2. Re:Unfortunate by billcopc · · Score: 4, Insightful

      The problem of course is that a domain name is not a piece of land.

      In meatspace, if a business sets up in a poor location, it affects their traffic because it is a PHYSICAL business. More importantly, no land = no business. On the internet, very few people even type URLs anymore, they google everything. All that domain registration does is place a few letters in the address bar of people's browsers. We could probably go back to publishing dotted IP addresses and the common imbecile would not notice nor care, as long as google can find it.

      For those mental midgets who require an analogy, you're not squatting a piece of land, it's more like an unlit signpost.

      --
      -Billco, Fnarg.com
    3. Re:Unfortunate by mabhatter654 · · Score: 5, Insightful

      As the original question is about purchasing a name for a company he hasn't started yet. That's not technically "cybersquatting", they got his name first. I agree, this is more of a "gold rush" issue where people stake claims on a bunch of land they don't intend to work, just in case somebody else might make money off "their" domain idea. The way the government dealt with it was requiring presence and requiring taxes be paid to keep physical land based on it's value, if you can't afford the property tax, then the land gets redistributed to somebody that can make enough money from the property to pay it.... There used to be a time "real" land was just as plentiful as domain names.. and we did just fine.

      I think the solution was ICANN's idea to make the 20 cent fee non refundable, or to force registrars to actually take the money and stop "tasting" periods. Most of the professionals aren't paying, they just keep "tasting" names between shell companies. If there was a little bit of "treading water" added it would be more costly. It would still happen, but people would have to pay the $10 so they'd be "stuck" with it... for 10 or even 100 names that's not much money, but for the 10,000 these guys are running it would at least tie up their wallets.

    4. Re:Unfortunate by Anonymous Coward · · Score: 4, Insightful

      Buying thousands of shares of a troubled company for less than $1 each and then hoping later, when the company recovers, to sell them at a huge profit is also scumbaggy then? It seems to be the same thing.

    5. Re:Unfortunate by El+Torico · · Score: 4, Insightful

      Not only that, but speculation using debt is also the root cause of every financial collapse in modern history (except those caused by war), including the one we're going through now. It's not just "jackassery," it's also harmful to society at large!

      There. Fixed that for you.
      Debt is indentured servitude.

      --
      In the land of the blind, the one-eyed man is usually crucified.
    6. Re:Unfortunate by BrokenHalo · · Score: 5, Insightful

      No, what you say is nonsense. If you buy up a domain name to which you have no legitimate right, just for the purpose of extorting money from or preventing use by someone who does, then you are just being an asswipe. Just because the law doesn't prevent you from doing this doesn't mean your action has any moral legitimacy.

      By your reasoning, the Mafia's protection rackets in the 1920s and '30s would have been perfectly legitimate, since there was no legal system to prevent it.

    7. Re:Unfortunate by rbarreira · · Score: 4, Insightful

      Car robbers add value.

      Car robbers add value for car owners. If I own a car, don't care about money and decide I don't want it anymore, I can wait for a robber to take the car. Without a car robber, I'd have to sell it myself.

      Car robber also add value for car purchasers who want to pay a smaller price. Assume the car shop is selling used cars for $50,000. But people are willing to pay $10,000. Car robbers allocate the cars to those who are willing to pay $2,000 for the car.

      I fully support car robbers and do not understand the hatred for them.

      --

      The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
    8. Re:Unfortunate by Anonymous Coward · · Score: 4, Insightful

      You're either a total fucking idiot, or a scalper. Not that there's a lot of difference.

      "Scalpers add value for ticket owners. If I own a ticket, and decide I don't want to go to the event anymore, I can sell it to a scalper. Without a scalper, I'd have to sell it myself. This ready secondary market benefits the ticket holder.

      Except you casually ignore the fact that scalpers buy tickets by the grundle as much as they can, using programs to spam buy tickets from websites, sending teams to ticket boots to buy group lots, etc. So what this does is make it harder for legitimate ticker purchasers to buy tickets at face-value. I have had this happen to me at least twice in the last year where a concert goes on sale, and an hour later all of the GA tickets are gone. Yet sure as hell , there are plenty available on craigslist IMMEDIATELY afterwards for over twice face-value. Scalpers don't add value by allowing you to sell a ticket you don't want anymore - that's what craigslist is for. Your example of them being these benevolent middlemen just trying to help the consumer is bullshit. If you can't sell a ticket yourself over the INTERNET, you're a fucking moron. PAYING someone to sell it for you just proves that point tenfold.

      Scalpers also add value for ticket purchasers who are willing to pay the price. Assume the box office is selling tickets to an event for $35. But people are willing to pay $100 for the event. Scalpers allocate the tickets to those who are willing to pay $100 for the ticket. Then the $100 buyer need not wait in line all night and sleep in the rain to get a ticket. The scalper also benefits the person who decides to go to the event at the last minute, and is willing to pay the price. (All this of course comes at the expense of those who are willing to wait all night for the $35 ticket, but will not or cannot pay $100 for the ticket.)

      I fail to see where these people who WANT to pay 3x the price of a ticket are coming from. If you ask all these people "willing" to pay $100 for a ticket if they would choose having one for them available at $35 because no one is scalping them, or $100 for the convenience of someone else buying them first, which do you think they will pick? Do you know many people who LIKE being overcharged? No? Then I have news for you buddy -- jacking up the price of an item because you got it first doesn't 'value add' anything.

      Scalpers are scumbags who take advantage of the fact that people have jobs, lives, etc. It would be nice if the fairy-tale world you lived in where scalpers were providing a legitimate service abounded, but that's not the case. Sure, in some cases it's nice to be able to get those last minute tickets to a sold out show. That's a far cry different than not being able to attend your favorite show in GA because some jackass bought 2000 tickets to scalp an hour before you get off work. And that's the reality of scalpers - they cheat the system to abuse the loyalty of fans so they can pocket some cash for themselves.

      Domain squatters are similar. They help allocate the good domains to those who are willing to pay for them.

      Domain Squatters are pretty much the same in my opinion. These are scumbags and jerkoffs who see a chance to maybe make some quick cash for a little initial investment. They're not interested in preserving the integrity of your domain name, or selling it to someone who will really 'build a business' . They're in it for themselves, only themselves, and they will generally fuck you until you're blind if it means making an extra dime.

      Just this weekend I heard of ancestry.com. I instantly knew what it was. That great name saved the business from having to build a brand. If it had been "avalea.com" instead, I would have said "what's that?" This domain should be allocated to someone who is willing to put the capital into building a good busin

  2. Make an offer by Chrisq · · Score: 5, Insightful

    If they are a squatter they will have contact info on their page. If not you can find the registered owner with WHOIS. I would make them a reasonable offer and stick to it. Remember that there may be available alternatives ( .org, .net, .us, etc.)

    1. Re:Make an offer by noundi · · Score: 5, Insightful

      There are always alternatives. The guy is however starting is business on the wrong end. My 2 cents are: register at another top domain, create a brand for yourself, if things work out fine then trademark that brand, then go ahead and seize any domain violating your trademark. Don't go worrying about the domain name to be perfect before you even have anything to showcase for, a domain is shit without content so focus on that first.

      --
      I am the lawn!
  3. How badly do you need that address? by Ihlosi · · Score: 5, Insightful
    (And whatever the answer to that question is - never, ever give it to the cybersquatter).

    Don't sound too interested when talking to them, mention possible alternatives. Lower your offer if the negotiations drag out - cybersquatters are in this for the money, and not selling the name means that they're not making any.

    1. Re:How badly do you need that address? by Ihlosi · · Score: 5, Insightful
      mention possible alternatives.

      Clarification: Mention the existence of possible alternatives, but not what they are (or they'll be cybersquatted, too).

  4. no by larry+bagina · · Score: 5, Insightful
    You don't own the trademark and even if you registered for it, you're doing so too late. Either pay for it or find another name. If it's a low volume domain (or one they scooped up when it expired) they may not renew it, in which case you can get it that way, if you want to wait.

    If your business plan depends on owning one specific domain then your business plan sucks.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  5. Be Crafty - negotiate well. by gurps_npc · · Score: 5, Insightful

    I would suggest finding another Domain that they own and first asking them if you could buy that one. That will give you a high end price. Tell them no thank you. Wait a day and say you also like the real one. Then offer to buy it at 1/2 the price they gave for the first one.

    --
    excitingthingstodo.blogspot.com
    1. Re:Be Crafty - negotiate well. by morgan_greywolf · · Score: 5, Insightful

      I would suggest finding another Domain that they own and first asking them if you could buy that one. That will give you a high end price. Tell them no thank you. Wait a day and say you also like the real one. Then offer to buy it at 1/2 the price they gave for the first one.

      Above all else, be prepared to walk away. It's only a domain name, there are lots of others, and if the guy isn't willing to give you a decent price you can afford to pay, tell him you're not interested. It's like buying a car: there's lots of wiggle room (even more than there is with a car!). Just like in poker, you always wait until the absolute last minute to show 'em your cards.

  6. You really need help with this? by D-Cypell · · Score: 4, Insightful

    Surely the process is pretty simple,

    Send the guy an email asking if the domain is for sale. If the owner is a *pinky to mouth* "One million dollars", kind of guy, it is unlikely that there is any approach you can take that will force him away from a ridiculous price anyway. The only advice that seems valid is, "Don't make the email sound like you are both wealthy and desperate".

    Personally, I would make it a short one line email, "Is this domain for sale? If so, please respond with your asking price", then just take it from there. I like to believe that there is nobody that is still stuck in the late 90's when it comes to cybersquat domain prices, but you never know. If the price you get back from him indicates that he is acting like a 90's squatter just email back with, "Ok, thank you". Keep it terse, and keep the ball in his court. Most of all, don't get attached to this particular domain until *your* name is on the whois!

  7. low ball by tresstatus · · Score: 5, Insightful

    within the past year, my company went around purchasing the .net, .us, .biz, etc TLDs for our domain. none of them were taken except for the .net version. we called the guy up and said we were interested and asked what his asking price was. he said $2000, to which we said that was way too high. he came back to us with, "well how much do you want to offer for it". i think that our final buying price was between $300 and $500.

    in that experience, i realized that some squatters are just one or two guys that sat around and registered a ton of domains for a couple of dollars a piece. they are going to use the car salesman mentality by "hit em really high... then scrape them off the ceiling so you can get the price you want to sell for". so they slap you with the $2000 as their asking price knowing that you won't pay it. they know that you won't come back with a $50 offer since their first offer was so high. if they had first said $500, then you probably wouldn't offer them as much. if you really want to play their game and you are just getting started, it might be safe to just kill your webserver while you are on the phone with them so that they can't see what type of company you are or if you has the money bags.

    anyway, just go into it like you are buying a car. don't seem too interested or you will pay way more than you should.

    --
    stephen
  8. Make up another name by Anonymous Coward · · Score: 5, Insightful

    Many of the successful internet companies make up their own name. google, hulu, reddit, slashdot, etc. Make up a word that doesn't exist and go with it.

  9. Maybe use a subdomain? by MichaelSmith · · Score: 4, Insightful

    news.google.com is just as good for google as news.com would be because browsers autocomplete from left to right. I type news, the google site comes right up.

    So if you want greatsite.com but thats taken then register blah.com and create a subdomain greatsite.blah.com

    Down the track you may be able to snap up the domain you originally wanted, or you may have a better idea by then.

  10. Re:url? by ikkonoishi · · Score: 4, Insightful

    Telling the actual URL in question would be a bad idea as it may cause the current holder to up their asking price since it was linked on slashdot.

  11. Don't look big by superdana · · Score: 5, Insightful

    We buy a lot of domains where I work--a big honkin' national enterprise--but we never use our work email addresses when we approach a squatter. That way we don't tip them off to how much money we have. So, my advice is to be aware of how you present yourself, and be careful not to give the squatter the impression that you're anything more than a casual buyer. Don't mention that you have a partner, for example, and don't reveal why you want the domain.

  12. Your customers won't care by Opportunist · · Score: 5, Insightful

    They will not type in your company name in the URL bar and add .com. They will type your company name into google and click on the result. If they're recurring customers, they will bookmark your page.

    URLs are no longer really important. I know people who have no idea what that funny bar on top of their browser is for that displays some funky random characters whenever they click on a link and a page loads.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  13. I disagree by Overzeetop · · Score: 4, Insightful

    If you buy domain names on speculation, you're a cybersquatter - someone who reserves space for no reason other than to occupy the space a resell it. There is no legitimate reason to hoard domains, except to capitalize on the scarcity.

    Now, since you appear to be a cybersquatter, I can see how you are a bit touchy and are looking to legitimize your business plan. That's fine. That's why houses are called "resales" and not "used." A "Domainer" (aside from sounding like something out of Waterworld) is just a nicer name for a cybersquatter - but you do the exact same thing.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:I disagree by z80kid · · Score: 4, Insightful
      You don't offer anyone anything of value. You offer non-interference in an otherwise working system for a fee.

      The only benefit you offer anyone is your absence.

      That should be your eulogy. "All he had to offer us was his absence. We gather today to celebrate his only significant achievement."

  14. IP Address by Comboman · · Score: 4, Insightful

    We could probably go back to publishing dotted IP addresses and the common imbecile would not notice nor care, as long as google can find it.

    That's the real tricky part though. If you change your web host (and thus change IP address) all the work you've done to improve your Google ranking (not to mention links from other websites, bookmarks, etc) is gone and you'd have to start over again. Having a URL is still a necessity (though having a memorable URL is not as important as it once was).

    --
    Support Right To Repair Legislation.
  15. Not quite that simple by an.echte.trilingue · · Score: 4, Insightful

    In meatspace, if a business sets up in a poor location, it affects their traffic because it is a PHYSICAL business. More importantly, no land = no business. On the internet, very few people even type URLs anymore, they google everything. All that domain registration does is place a few letters in the address bar of people's browsers.

    Of course, the name does enormous things for your placement in google. Just do a google search for "buy flowers": at least half the results have the search the search terms right in the domain name. This is not a coincidence. If the name describes what you do and is also your branded name, your success in google is almost guaranteed.

    Having a domain name that describes your company is tremendously important for a variety of reasons, not least of which is google ranking. Further, with modern browsers, the address bar searches your history. If you have your name or your product in the domain, this helps people find you a second time. Google Chrome is even better: search and address bar are the same. While I despise these people who park pages, their price is usually worth it if you are a company and the name is good.

    So, in the cyber-world, picking the name actually does make a big difference in the amount of traffic you get. Having "widgets.com" really is the equivalent of being off of the highway, while "example.com/widgets" is really miles down the road.

    Also, giving up domain names means completely abdicating your surfing to search engines and people who know SEO. Not a good idea.

    --
    weirdest thing I ever saw: scientology advertising on slashdot.
  16. Capitalist Pig-Dogs by EgoWumpus · · Score: 5, Insightful

    Without getting all commie, people who have a lot of money, or opportunity, or options, always whine "It's nothing personal, just business." When you have the option to buy domains and sell them for 100x-1000x the price, why wouldn't you? Legally, of course, it's totally legit. Ethically, it's totally not. And I'll tell you why.

    When you buy a piece of land, the law assumes that you are doing your bit to maintain and develop that land. In fact, most property law revolves around that idea of having to put work into it. You pay taxes on it, and you are generally expected to be doing something to maintain it's value. When a property falls into total - or dangerous - disrepair, they come to you with the fines. If your sidewalk is hazardous, you can get sued. This is all considered the price of ownership.

    With domains, there is no such cost associated. In fact, all that buying up domains does is suck money from actual wealth-generating sectors of the economy. If I start a business called AwesomeWorldChangingWidgets, I can't get that domain if you're squatting on it without first paying you way more for that domain than you did. Now, if you were society at large, and that additional value was being spread across those people who help to bring value to the domain name itself (such as the internet routers, the municipalities that maintain fiber, ICANN, or any of the host of other sectors that make the Internet viable), that would be fair. But you're just taking the money and running: you're taking the money for someone else's work.

    The only complaint anyone ever has with capitalism is the 'I got here first' problem. When you start out with resources others didn't have a fair opportunity at, and then exchange them for disproportionately large sums of money, you're playing into this. Yes, it makes your life easier, but you've only helped yourself - and at the expense of literally everyone else. That makes you unethical.

    --

    [Ego]out

  17. Re:url? by Sancho · · Score: 4, Insightful

    Strange, then, that speculating on land is considered reasonable.

    especially since there's a lot more domain-name space than useful land.

  18. Re:url? by SanityInAnarchy · · Score: 4, Insightful

    Unlike the above, squatters also clog up my search results, and pretend to be some sort of resource in their own right, feigning relevance to whatever search I did. That's more difficult to make an analogy, but I'll try...

    It's like buying thousands of houses that you guess a few might be undervalued, putting a sign outside that says "Bed & Breakfast" or "Ye Olde Antique Shop", and when people come in looking for something entirely different, you either refer them to someone down the block who paid you for it, or you try to sell them the house.

    It is generally quite dishonest.

    Now, there may indeed be some cybersquatter rule that I can use to hurt them, but either way, I absolutely refuse to support their business model. If it's some kid who bought a personal domain and isn't doing much with it, fine -- but if it's yet another "What you need, when you need it" bullshit site, they can rot.

    --
    Don't thank God, thank a doctor!