www.barrysworld.com

[Deebs]

My lawyer was not really concerned, mainly because it doesn't matter if the seller has the right to sell the domain or not if he is the administrative contact. An administrative contact is trusted by the registrant with full control over the domain and so anyone may assume that what is done with it by the same contact is trusted and condoned by the registrant. If this assumption is wrong, it is the registrants problem that they misplaced their trust. The registrant can at best file a civil suit against the former administrative contact for causing monetary damage and possible loss of business.

And wether you or someone who stole your identity clicked the agree button is of no relevance to me. It is clearly stated in the Verisign agreement that an user will be responsible for his own account at all times. There is an paragraph explicitly including identity theft afaik, because if that happens the user has failed to adequately secure his account.

Oh, and what was sent was an international check, it was not a bank transfer.

Let me guess, an international cheque that you cannot prove was cashed by an Antonio Covelli. Funny how you thought it was a bank transfer,

As for clicking buttons, at the time Verisign would release a domain to anyone who rang up and assumed to be someone else. That was how other domains from other Companies were stolen at the time.

I still state that the domain was illegally obtained from me, my signature forged, and that I never consented to selling anything belonging to BarrysWorld Limited before or during the liquidation process.

 

[Insane]

lets chuck some wood on the already burning fire?

why was the domain "barrysworld.com" aquired for "specific marketing purposes" for multi-bank online payment systems? that just doesnt seem to show any form of sense?!? its like advertising your pet store as "joes store of magical tricks"

secondly, factual error...
the domain was "aquired" on March 17th, even tho it was common knowledge courtesy to a LARGE online news site that the company had been rescued from liquidation courtesy of a large store group specialised in the sale of computer games and were planning to use it as their gaming service... why sell off essencially a "household" name in computer gaming?!?

also lets say "Mediamonks" are involved in this multi-bank system with the domain, why would they register the domain to a company called "antichrist holdings B.V." ??? wouldn't look that professional now would it, especially if they are trying to push their services to large international companys particularly banks? even if your only "parking" the domain temporarily it would have been easier to point it to mediamonks.

lets just put it how everybody is seeing it, sorry for stating the obvious

this guy Terrence has acted in bad faith by exploiting a well known domain hi-jack trick on a large, well known gaming service provider which is backed by an even larger games retailler who is known to have "deep pockets" in the attempt to extort money from the company for their useful domain name. why the fuck would he be selling off a domain for €1500?
clearly he fucked up tho, especially when game turned round and decided to re-brand the service in-store as game.net instead of the Barrysworld yellow smilie, he realised that he couldn't exploit the company as easily as first expected.
the plan would of been like this.. leave the DNS pointers alone so it still goes to the BW webserver so nothing is affected as such, and approach the company explaining that you have ownership of the domain, and that you would sell it back for €1500, and if they didnt you would change the DNS headers to point to either a dead page or to something else which would look bad on the company (porn DVD anyone?) until they would pay up.
now that it's all dead and burried, he realised he couldn't extort anyone for the domain unless they were deeply tied to the place (deebs/ted) , or were fanatics over it (brooky) and since deebs/ted arn't interested in the domain, flog it to someone who he knows wants it (courtesy of the posts on the original game.net forums)]

id honestly say this would be amusing to see when it goes to court, see the justice system tear terrence a new hole to shit out of..

if this is pointless ramble, a mod can nuke it from orbit.. its the only way to be safe

 

[Tom]

Isn't barrysworld a trademark? Couldn't you just do the guy for domain squatting?

 

[Doh_boy]

Isn't barrysworld a trademark? Couldn't you just do the guy for domain squatting?

The argument is tainted, as far as I can understand from reading the wipo literature, by the fact that at the time the alleged sale took place the barrysworld company (and owner of the trademark) weren't a 'going concern' and that game.net had not been registered as trademark owners and thus at the time in which the domain had changed hands the trademark wasn't viable.

The above is probably very wrong but that's what I understood to be terrences arguement in the wipo. That and the fact that the documents given by deebs were, for some reason, not complete and were attacked by terrances lawyer because of this.

 

[Deebs]

The argument is tainted, as far as I can understand from reading the wipo literature, by the fact that at the time the alleged sale took place the barrysworld company (and owner of the trademark) weren't a 'going concern' and that game.net had not been registered as trademark owners and thus at the time in which the domain had changed hands the trademark wasn't viable.

The above is probably very wrong but that's what I understood to be terrences arguement in the wipo. That and the fact that the documents given by deebs were, for some reason, not complete and were attacked by terrances lawyer because of this.

I never submitted any documents apart from a statement made to the Police stating that my signature had been forged, I had not sold the domain to ANYONE, and that someone had logged into an email account of mine from Holland (BT provided this information). Guess where he is based......

All other documents were submitted by others not me.

 

[Doh_boy]

really, so game submitted incomplete documents? Or was it some technicallity the lawyer jumped on?

 

[DaGaffer]

really, so game submitted incomplete documents? Or was it some technicallity the lawyer jumped on?

Not going into this on a public forum - we supplied WIPO exactly what was asked for.

 

[Doh_boy]

Not going into this on a public forum - we supplied WIPO exactly what was asked for.

So it's the second option then

 

[Cyfr]

Reading more and more into this thread, paying the guy for the domain is such a stupid waste of money. You could feed children in africa or something with it instead

 

[Lazarus]

and what was sent was an international check, it was not a bank transfer.

:lol: The old "Cheque is in the post" scenario

 

[Wazzerphuk]

Sounds like he could be related to a certain mod with a catchphrase like that!

 

[Guest]

I GIVE UP


He can have it.

i am sick of trying to get the funds alllocated for this purchase, i hope everyone is really happy.

Delete my forum account please.

Richard

 

[Wazzerphuk]

I GIVE UP


He can have it.

i am sick of trying to get the funds alllocated for this purchase, i hope everyone is really happy.

Delete my forum account please.

Richard

I'm sorry, I know this is out of place and inappropriate (perhaps), but:


ahahahahaahahahahahahahahahahahaha

 

[Deebs]

I GIVE UP


He can have it.

i am sick of trying to get the funds alllocated for this purchase, i hope everyone is really happy.

Delete my forum account please.

Richard

Richard

Whoaaaa!!! He insinuated that I sold something, which I will stand up in a court of law and deny, in a public forum and I have a duty to voice my opinions on the matter. Just because I do this has no impact on what you are trying to achieve.

Feel free to carry on in your efforts to secure the domain, don't give up so easily, this conversation has no impact on what you are doing, and if it does, where?

 

[Guest]

ok, i will give it another go.


Watch this space

 

[Jupitus]

*fluffles Brooky*

 

[mank!]

Sounds like he could be related to a certain mod with a catchphrase like that!

Ziiiiiiiing!

 

[nath]

i am sick of trying to get the funds alllocated for this purchase, i hope everyone is really happy.

I was.. till you decided to try again :\

 

[Ch3tan]

Brooky while I am sure you have good intentions, I was actually happy you had given up. Purely because I dont want to see Raphidea profit from this.

 

[GekuL]

I was thinking the same. It's just wrong. :/

 

[Cyfr]

Brooky while I am sure you have good intentions, I was actually happy you had given up. Purely because I dont want to see Raphidea profit from this.

Agreed and stuffz.

 

[raphidae]

lets chuck some wood on the already burning fire?

why was the domain "barrysworld.com" aquired for "specific marketing purposes" for multi-bank online payment systems? that just doesnt seem to show any form of sense?!? its like advertising your pet store as "joes store of magical tricks"

It doesn't make any sense because a WIPO response is not an advertising flyer. As a matter a fact the NDA expired february of this year. The purpose was to be a pre-paid online payment solution. The name 'barry-card' was pitched for this and a consortium of banks wanted to secure some domainnames. When the first problems arose, another name was used, you can see the system at work at http://www.wallie-card.com/.

secondly, factual error...
the domain was "aquired" on March 17th, even tho it was common knowledge courtesy to a LARGE online news site that the company had been rescued from liquidation courtesy of a large store group specialised in the sale of computer games and were planning to use it as their gaming service... why sell off essencially a "household" name in computer gaming?!?

Maybe it's common knowledge to you, but the newssite that I read every morning hasn't reported anything on BarrysWorld or GAME. And to be honest, if it had I probably wouldn't have read it anyway because I couldn't care less about gaming.

also lets say "Mediamonks" are involved in this multi-bank system with the domain, why would they register the domain to a company called "antichrist holdings B.V." ??? wouldn't look that professional now would it, especially if they are trying to push their services to large international companys particularly banks? even if your only "parking" the domain temporarily it would have been easier to point it to mediamonks.

You over-estimate people, the chance that some manager from a bank will whois the domain and actually understand the output is virtually nil.

this guy Terrence has acted in bad faith by exploiting a well known domain hi-jack trick on a large, well known gaming service provider which is backed by an even larger games retailler who is known to have "deep pockets" in the attempt to extort money from the company for their useful domain name. why the fuck would he be selling off a domain for €1500?
clearly he fucked up tho, especially when game turned round and decided to re-brand the service in-store as game.net instead of the Barrysworld yellow smilie, he realised that he couldn't exploit the company as easily as first expected.
the plan would of been like this.. leave the DNS pointers alone so it still goes to the BW webserver so nothing is affected as such, and approach the company explaining that you have ownership of the domain, and that you would sell it back for €1500, and if they didnt you would change the DNS headers to point to either a dead page or to something else which would look bad on the company (porn DVD anyone?) until they would pay up.
now that it's all dead and burried, he realised he couldn't extort anyone for the domain unless they were deeply tied to the place (deebs/ted) , or were fanatics over it (brooky) and since deebs/ted arn't interested in the domain, flog it to someone who he knows wants it (courtesy of the posts on the original game.net forums)]

Yes, yes, very nice. I seem to have an awful lot of time on my hands to steal a bunch of domains and then plotting my evil plan to sell them back to the owner for €1500.

Luckily I am not stupid. Do you have any idea of the costs of a good lawyer producing a response in a WIPO case? Do some research, you'll be amazed.

Besides all that, I have never contacted GAME nor brooky to sell the domain. Brooky contacted me first with the question if he could buy the domain, but at the time the dispute was still on, so I told him I couldn't discuss the domain and I'd drop him a line when the dispute was settled. And I did.

id honestly say this would be amusing to see when it goes to court, see the justice system tear terrence a new hole to shit out of..

I would have preferred a lawsuit over the WIPO proceeding any time, because usually then other party pays your legal costs when you win.

And I would have won. As you can see at http://arbiter.wipo.int/domains/statistics/cumulative/results.html, not much complaints are denied. GAME failed to prove they have a trademark, they failed to prove they were the owner of the domain and they failed to prove that the domain was transferred in a fraudulent way. And 'failed to prove' means here that there was not a single shred of evidence produced that supported any of these three statements.

 

[Whipped]

I'm finding it hard to believe either side here now and I wonder if maybe there is an unknown third party involved. This party would have impersonated deebs to raphidae and sold the domain to him.

Far fetched I know, guess I watch to many films.

 

[amobea]

Maybe it was satan? or perhaps the Antichrist?

 

[Doh_boy]

I would have preferred a lawsuit over the WIPO proceeding any time, because usually then other party pays your legal costs when you win.

Wasn't your 'counter-complaint' refused. From what I read the complaint was refused due to lack of evidence. It, in no way, said you were right it just said that since you have it and they can't prove they own it, you can keep it. The wipo said, effectively, that neither of you can prove ownership so as they saying goes 'Possession is 9/10's of the law' (or something).

Also I'm sure that in a lawsuit you'd be forced to prove the existence of the sale. Again one question springs to mind, did you not ask for a reciept for your purchase? Because if I was going to spend 1500 on something I'd make damn sure I'd have got something in return. (was that the document with the alleged forged signiture?) AND who the hell pays with a cheque? You obviously are familiar with the internet, wouldn't it make sense from a business point of view to pay elecrtonically, bank to bank?

 

[raphidae]

Also I'm sure that in a lawsuit you'd be forced to prove the existence of the sale. Again one question springs to mind, did you not ask for a reciept for your purchase? Because if I was going to spend 1500 on something I'd make damn sure I'd have got something in return. (was that the document with the alleged forged signiture?)

My receipt is Annex C of my response:

http://ra.phid.ae/stuff/index.php?dir=wipo/&file=5c. [09-03-2004 by R] Annex C1.jpg
http://ra.phid.ae/stuff/index.php?dir=wipo/&file=5d. [09-03-2004 by R] Annex C2.jpg
http://ra.phid.ae/stuff/index.php?dir=wipo/&file=5e. [09-03-2004 by R] Annex C3.jpg

I contacted the seller on his real e-mail address, I faxed him the agreement to the faxnumber provided in the record of the administrative contact and I sent the check to the address found in that same record.

I also pulled up the companies house registration record of BarrysWorld Ltd. to see wether the administrative contact had legal authority over the domainname, and it checked out.

At the time there was no reason for me to believe the person selling me the domain was not Antonio Covelli or that the signature on the agreement wasn't his. There isn't an easy way to verify a signature in this situations anyway.

AND who the hell pays with a cheque? You obviously are familiar with the internet, wouldn't it make sense from a business point of view to pay elecrtonically, bank to bank?

A check is a much used form of payment. I pay lots of people in other countries with checks, because it is accepted everywhere and there is less chance of a fuckup in international banking.

 

[Ferg]

raphidae, you've got away with it, now leave these people in peace

stop rubbing salt into the wound you created

 

[venus]

raphidae, you've got away with it, now leave these people in peace

stop rubbing salt into the wound you created

Seconded

 

[Jupitus]

Closed for now as I don't know when Deebs will get a chance to reply and until then I don't want random flames and stirring tbh. Obviously Deebs can re-open accordingly.

 

[Deebs]

My receipt is Annex C of my response:

http://ra.phid.ae/stuff/index.php?dir=wipo/&file=5c. [09-03-2004 by R] Annex C1.jpg
http://ra.phid.ae/stuff/index.php?dir=wipo/&file=5d. [09-03-2004 by R] Annex C2.jpg
http://ra.phid.ae/stuff/index.php?dir=wipo/&file=5e. [09-03-2004 by R] Annex C3.jpg

I contacted the seller on his real e-mail address, I faxed him the agreement to the faxnumber provided in the record of the administrative contact and I sent the check to the address found in that same record.

I also pulled up the companies house registration record of BarrysWorld Ltd. to see wether the administrative contact had legal authority over the domainname, and it checked out.

At the time there was no reason for me to believe the person selling me the domain was not Antonio Covelli or that the signature on the agreement wasn't his. There isn't an easy way to verify a signature in this situations anyway.



A check is a much used form of payment. I pay lots of people in other countries with checks, because it is accepted everywhere and there is less chance of a fuckup in international banking.

Um

I was not living at that address at the time you say you faxed or posted the cheque. Therefore, how could I have received the fax? How could I have received the cheque when my postal forwarding had expired. I left that address a year before including the phone numbers.

I rest my case. You did not legally get the domain from Antonio Covelli (me).