bitflipper
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He could have bought back his own name for $848,000
This involves US politician Ron Paul, but it's not a political thread and has nothing to do with his political views. It's a story about domain squatting, the business of registering domain names in hopes of being able to sell them later. Usually, the domain name is that of a company or individual. It's a common practice, and is illegal in the US after many companies (e.g. Lufthansa) and people (e.g. Donald Trump) were forced to buy their own names back at ridiculous prices lest they become attached to porn sites or advertising link sites. In this latest case, the person whose name was stolen (and used to sell T-shirts) was Ron Paul. The original registrar sold ronpaul.org and ronpaul.com on eBay for $25,000 in 2008. The buyer subsequently offered to sell them to Ron Paul the person for $848,000. That offer was refused, and was then knocked down to $250,000. That's when Mr. Paul sought arbitration. Here's the arbitration ruling: http://domainnamewire.com/wp-content/paul-2.pdf. It's interesting reading. The rules are pretty straightforward, and the con artist appears to have met every requirement for being forced to give up (or sell at a more reasonable price) the domain names. However, Mr. Paul lost the case. The ruling was that because the not-Ron Paul domain registrar included a disclaimer on his website (where Ron Paul T-shirts were being hawked) saying he wasn't R.P. and didn't know R.P., that he was therefore off the hook. Now, I'm sure bapu wouldn't care if I registered bapu.com and leased it to a porn site, as long as I gave him free access. But normal people might take offense. Ian Anderson did when JethroTull.com was hijacked (he won). Imagine Steinberg registering Cakewalk.net.
 All else is in doubt, so this is the truth I cling to. My Stuff
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craigb
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Re:He could have bought back his own name for $848,000
2013/05/24 13:23:46
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Some guy right near Pedro in Vancouver Washington has yours Bitflipper! Go get 'em!
Time for all of you to head over to Beyond My DAW!
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yorolpal
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Re:He could have bought back his own name for $848,000
2013/05/24 14:22:53
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You can never tell what'll happen to yor good name on the interweb. Back when I was makin ol Pete Gabriel so miserable with my remix of his Shock The Monkey, Newsweek did a story on us winners and they said I was a dang blues band from California!!! I have always been myownself and myownself only. No band would ever have me. Go figure.
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Mesh
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Re:He could have bought back his own name for $848,000
2013/05/24 15:18:44
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"Where you come from is gone...where you thought you were goin to weren't never there...and where you are ain't no good unless you can get away from it." (By a famous one man "blues band" from CA AR).
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yorolpal
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Re:He could have bought back his own name for $848,000
2013/05/24 15:36:00
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That there's my ol pal Haze Motes speakin through the pen of the incomparable Flannery O'Conner.
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slartabartfast
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Re:He could have bought back his own name for $848,000
2013/05/24 16:40:23
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The decision is interesting reading. The case is decided largely because it is not a typical incident of domain name squatting. The key finding in favor of the alleged squatters is that they were using the domain name as a "fan site" that was actually promoting the ideology and candidacy of Mr. Paul, and in fact that it was used as a link to his official candidate website, before there was any attempt to shake him down for an unconscionable purchase price. Thus the alleged squatter had demonstrated legitimate use for the name aside from extortionate speculation. Any disclaimer appearing on the website does not seem to have been dispositive.
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davdud101
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Re:He could have bought back his own name for $848,000
2013/05/24 17:35:10
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You know what sucks? MLB owns the rights to a sight named after me.
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Crg
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Re:He could have bought back his own name for $848,000
2013/05/24 19:07:42
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Don't you all see the cheat there? You were born with your identity and it was registered at your birth. No one can buy your identity on the internet as a domain name. The internet is just a big phone, a machine with no rights other than mechanical laws of operation. No one and I mean no one, can buy or own your identity as a domain on the internet. You are the owner of your name everywhere, period. Let your voice be heard, lock and load, say, I am me.
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drewfx1
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Re:He could have bought back his own name for $848,000
2013/05/24 19:56:32
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I'm still trying to figure out how credit reporting services can get away with selling information about me and my activities for a profit without compensating me.
 In order, then, to discover the limit of deepest tones, it is necessary not only to produce very violent agitations in the air but to give these the form of simple pendular vibrations. - Hermann von Helmholtz, predicting the role of the electric bassist in 1877.
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craigb
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Re:He could have bought back his own name for $848,000
2013/05/24 22:29:31
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Crg Don't you all see the cheat there? You were born with your identity and it was registered at your birth. No one can buy your identity on the internet as a domain name. The internet is just a big phone, a machine with no rights other than mechanical laws of operation. No one and I mean no one, can buy or own your identity as a domain on the internet. You are the owner of your name everywhere, period. Let your voice be heard, lock and load, say, I am me. However, as uncommon as my full name might be, there's at least two others with the same name that I know of (one on the east coast and another in the UK somewhere). So which of us should be allowed to have the domain if we chose to? The oldest? The first to actually want it and register it? Now expand that to someone named John Smith...
Time for all of you to head over to Beyond My DAW!
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slartabartfast
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Re:He could have bought back his own name for $848,000
2013/05/24 22:34:48
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You are the owner of your name everywhere, period. You may be the owner of your own identity, but your "name" is a different issue altogether. Aside from the obvious conflict in exclusive ownership of common names (will the real John Brown please stand up), the US federal intellectual property statues are almost mute on the subject. As noted in this case, the common law (and in some cases the registered) trademark may not carry the day in specific circumstances. There is no protection of a name under copyright. The various states and nations have a hodgepodge of statutes and decisions under various theories such as "invasion of privacy," "right of publicity," fraud etc. It is not easy to figure out if you have any right to stop someone from exploiting your name for gain in a given jurisdiction, and conversely not easy to avoid entanglements by using your own name in situations where it conflicts with someone else's claim of exploitation rights to that name. There is plenty of case law in which a person has been prevented from using his own birth name when someone else has trademarked or otherwise laid claim to the same name for purposes of exploitation. But a name is just a word, so that makes sense, right? There is even case law that has found that a likeness, and even a voice that looks or sounds sufficiently like a protected persona may violate intellectual property rights of the person you look or sound like. For example if everyone says your singing sounds exactly like Tom Jones, and you make a commercial that might mislead listeners into thinking the song is being performed by Tom Jones, you may run into trouble. The "identity" you think you own may be more limited than you think.
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bitflipper
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Re:He could have bought back his own name for $848,000
2013/05/25 11:48:28
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Unfortunately, names are not necessarily unique. When I sold my previous home in 1997, I discovered that I did not have clear title to it, due to a lien. I'd had no idea there was a lien against the property, but it had been there for 10 years. Somebody with the same name as me had stiffed some company for payment on something. The creditor had simply gone to the telephone directory, looked up the name and slapped a lien without ever notifying me or verifying it was the right person. According to my realtor, that's a common practice. The challenge, then, was convincing the bank that I wasn't that guy. How do you do that? He lived in the same city as me, just a couple miles away. He was about my age. Fortunately, the bank took me at my word. Had they not, I really don't know how I would have proven it without additional identifying information. In the cybersquatting case we're discussing, the original registrar of the domain was named Ron Paul. You shouldn't lose the rights to your own name just because someone more famous than you shares it. But he lost those rights when he sold the domain on eBay. (There are, however, plenty of precedents for people losing the rights to their own name. There was a restaurant in Michigan called McDonald's that was forced to change its name even though it was the proprietor's given surname. )
 All else is in doubt, so this is the truth I cling to. My Stuff
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Crg
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Re:He could have bought back his own name for $848,000
2013/05/25 12:10:43
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John Smith 1, John Smith 2, ... etc. There are numerous ways to add a unique identifier to your name. A problem to be sure, especially when the ownership of Meta-tags is going on. Trying to get around re-directs can ruin traffic to a website. Every time a new resort opens in Vegas, cyber clowns attempt to buy the domain names for the resort and sell them back for enormous amounts of money. I see it as outright theft. When your name and the associated product you are selling connected to your name is involved, I look at it as identity theft, and the attempt to sell it back to you as extortion.
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paulo
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Re:He could have bought back his own name for $848,000
2013/05/25 13:58:23
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Would be cheaper to change your own name. £13.39 in the UK apparently. I'm curious to know how they arrived at that figure. Very specific costing or the first number they thought of ? According to a website I just looked on, there are 200 people in the country with my name and I'm not any of them ! Have I been using the wrong name all my life ? Is my whole life as I know it a complete lie ? Am I really called something else and just having a very long, and really quite dull dream that I am the person I think I am ? Was my real identity kept hidden from me because of some secret past ? Answers on a postcard to...........oh wait, they'll never get here because I'm not one of those people with my name.
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craigb
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Re:He could have bought back his own name for $848,000
2013/05/25 17:34:41
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paulo Would be cheaper to change your own name. Ya. That's what I did. I used to be Craig B.
Time for all of you to head over to Beyond My DAW!
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paulo
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Re:He could have bought back his own name for $848,000
2013/05/25 18:28:25
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craigb paulo Would be cheaper to change your own name. Ya. That's what I did. I used to be Craig B. Well, that was £13.39 well spent. Now I just have to figure out who I really am.
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57Gregy
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Re:He could have bought back his own name for $848,000
2013/05/26 10:04:04
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paulo craigb paulo Would be cheaper to change your own name. Ya. That's what I did. I used to be Craig B. Well, that was £13.39 well spent. Now I just have to figure out who I really am. Major Major Major?
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SteveStrummerUK
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Re:He could have bought back his own name for $848,000
2013/05/27 13:47:30
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Interesting stuff. On a similar line, didn't some guy back in the 90s have the forethought to register 21st Century Fox as a name in the hope he could sell it for a huge profit?
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paulo
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Re:He could have bought back his own name for $848,000
2013/05/27 14:16:10
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SteveStrummerUK Interesting stuff. On a similar line, didn't some guy back in the 90s have the forethought to register 21st Century Fox as a name in the hope he could sell it for a huge profit? Yeah, that was me........well, it would have been if I'd thought of it before the other guy. Not to worry, I spent all my savings buying 22nd Century Fox instead, so I'll clean up next time....he, he..... Oh, wait......................................D'oh !!
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paulo
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Re:He could have bought back his own name for $848,000
2013/05/27 14:21:01
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57Gregy paulo craigb paulo Would be cheaper to change your own name. Ya. That's what I did. I used to be Craig B. Well, that was £13.39 well spent. Now I just have to figure out who I really am. Major Major Major? You mean Major Major Major Major ?
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