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Welcome to the GoFuckYourself.com - Adult Webmaster Forum forums. You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! If you have any problems with the registration process or your account login, please contact us. |
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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Registered User
Join Date: Aug 2003
Posts: 19
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Any help in suing AMERICA ONLINE ???
![]() In March of 2003 (over a year later), I got a letter from an attorney claiming to represent America Online; stating that America Online wanted the domains & he included a form in the letter for me to fill out to "give" & transfer the domains to the ownership of AOL. BULLSHIT! I sent a letter back saying if AOL truly wanted the domains then I might consider selling them, but was not "giving" anything to anyone. IF America Online wanted the domains, they could've registered & secured them (and paid for them) before I did. They were not entitled to them, yet they "wanted" them & apparently just wanted me to "give" them up. I never heard anything back from the attorney, (not by email or regular mail), nothing ... from anyone. Then, sometime in May of 2003, the domains stopped working & I visitors were finding "This Domain Can No Longer Be Found" messages when trying to go to the domain names. I found out by checking the "whois" information that somehow America Online had gotten the domains transferred to them! They had not paid for them, they had not been given permission to transfer the domains, there were no court proceedings, nothing! They had just cyber-jacked the domains away from me (FORCING their power, money, clout to get their way). I've been very upset at the loss of these domains & have thought of just letting the event go; but the more I think about it, the more angered & hurt I become about this ... further realizing the great legal wrong AOL has done against me by criminally acting in such a way (especially when AOL tries to represent themselves as the online friendly, we're so sweet & pure image they try to represent --- failing to inform individuals that they are crooks). I don't feel they should get away with this & if they're allowed to they'll keep on doing it. I've heard of other instances where some individuals lost their domains by similar actions by AOL, yet they've been allowed to continue to do this. Noone has stood up to them! THE GIANT MUST FALL & FACE WORLDWIDE SHAME! I've finally recently been able to find out (from my former registrar of the domains, where I had them before they were hijacked away from me) that America Online is allowed to act as a registrar themselves. I've been told it seems they abused their "power" & "tools" given to them as a registrar to get the domains transfered to themselves (without having to get permission from me, the registrant --- which was never given). Somehow they abused these privileges to sneak the domain away & allow it to be transferred to themselves. I'm told to file a complaint with icann, which I'm going to be doing, but that it isn't likely that icann will have the balls to do anything against AOL (they haven't in the past) ... as they (America Online) should have their ability to act as a registrar jerked from them. Not only that, but they should be sued for damages & for this criminal behavior! I don't care if they do have power or money & think they're the all-above-approach online corporate god, I want to stand up & fight .... LETTING THEM KNOW THEY WILL BE MADE TO STOP SCREWING FOLKS LIKE US! I'd at least love to see them publically exposed worldwide for having done & acted in this way. I either want the domains back or I want them to pay & pay big (they should have to pay for their actions regardless). Question is, how does someone like myself (without the power & mone of AOL) take on such an unjust giant? Does anyone on here know of an attorney that might like to publically take on this unjustice AOL has done? The publicity they'd get would be amazing. AOL has just gone too far & I want them to be held accountable. Where & how should I start this fight & how can I find someone to assist & join me? I just want to be vendicated & AOL publically made to realize they can't continue to act in this way, but I don't have a lot of money by any means (which is what AOL is probably hoping & counting on ... that I won't or can't fight). There has to be a way to get this heard & the wrong corrected, but where do I begin? If anyone knows about getting fucked, it is a webmaster ... so I figured I'd come to the best webmasters the net has to offer (here on this forum) and ask what you'd guys suggest or where I should begin. Any info or direction would be of great help. PLEASE HELP ME ???? I can be emailed at: [email protected] |
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#2 |
Confirmed User
Join Date: Feb 2002
Location: "A measure of a man is his post count". Write that down.
Posts: 900
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That's just fucked up.
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#3 |
in a van by the river
Industry Role:
Join Date: May 2003
Posts: 76,806
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even though AOL is the target my guess is you would be better off sueing the registar.. as they are the ones that gave up the domains... but if you're serious you should talk to a lawyer not GFY... just my opinion
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In November, you can vote for America's next president or its first dictator. |
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#4 |
Affiliate
Industry Role:
Join Date: Oct 2002
Location: Icq: 94-399-723
Posts: 24,433
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did you use godaddy?
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#5 |
ICQ: 178725656
Join Date: Nov 2002
Location: Sunny San Diego
Posts: 12,366
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Call around and see if you cn find a lawyer that is media hungry and will be willing to work for money only if you win.
What was on your site? I mean - was there ANYTHING negative about AOL on it? If no - you got one hell of a case. oh, and seeing what they did in the past - you may want to get a new contact email, lol.
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#6 |
Confirmed User
Join Date: Jun 2001
Location: Wherever I want
Posts: 7,517
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look for a good attorney who knows how to handle this kind of case
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#7 |
BANNED - SUPPORTING TUBES
Join Date: Aug 2002
Location: I live in a pile of boogers
Posts: 11,913
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i am quite sure you will destroy AOL and that pathetic little turd they call a company.
good luck. if you need us, we will be waiting right over there ---> |
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#8 |
sex is good
Join Date: Sep 2001
Location: Carman, MB Canada
Posts: 24,939
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Now that is just fucked.
Get a vlawyer and sue AOL's ass. They stole the domain and they should have to pay big. Hell they can afford it. |
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#9 |
Confirmed User
Industry Role:
Join Date: Aug 2002
Location: Sunny Fucking California
Posts: 1,575
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Good luck
What registrar?
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“Ours is a world of nuclear giants and ethical infants. We know more about war than we know about peace, more about killing than we know about living. If we continue to develop our technology without wisdom or prudence, our servant may prove to be our executioner.” ― Omar Bradley (1948) |
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#10 | |
BANNED - SUPPORTING TUBES
Join Date: Aug 2002
Location: I live in a pile of boogers
Posts: 11,913
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Quote:
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#11 |
Registered User
Join Date: Aug 2003
Posts: 19
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The registrar can't really be held accountable because (although I thought the domain was locked from transfer, it wasn't). They simply transferred the domain out as instructed. See, America Online has the ability to act as a registrar themselves. They have tools that enable them to initiate transfers of domains. They (AOL) took advantage of their power as a registrar & used the tools to secretly initiate the transfer without my approval. I never knew what hit me until they'd snuck the domain away in the middle of the night like the crooks they are. I'm filing a complaint with icann, hoping that icann will revoke America Online's ability to act as a registrar (because of instances like this), as I've been told this is not the first time AOL has hijacked a domain name away from someone. The fact is, they wanted the domains and I didn't want to give them up so they stole them. They could've registered the domains (and paid for them) as I did, before I did; but they didn't & I intended them for something else (of my choosing). AOL isn't even using the domains, they've got them pointing to areas on their service that return a "This Domain Can No Longer Be Found" message.
I have been looking for a lawyer to take on this fight with me, and will be more than glad to graciously share any rewards for damages, purchase of the domains, etc.; but I'm not a person with a lot of money to pay an attorney an hourly fee to fight a big fight like this (which is undboutedly what AOL is counting on). I was hoping maybe someone would have an idea of where to possibly find someone who'd love all the publicity a court battle against AOL would bring them & their firm (righting the wrong against a little guy AOL has majorly screwed .... fuck screwed, they've snuck in & raped me). I just don't want them to get away with this. I WANT THEM SHAMED & I WANT THE PUBLIC TO KNOW THEM FOR THE CROOKS THEY ARE ... this was such an illegal act & they know it! Where to go now? That is why I cam here, knowing someone on here has the great answer & knowledge of how to deal with someone like AOL & a situation like this. Even the registrar they stole the domain name awy from has said that AOL abused their right as a registrar (registrar.aol.com) to swipe this domain away & get it transferred to themselves by circumventing the required route that domain transfers are legally supposed to take place. They knew wouldn't give up the domain, so they just took it. |
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#12 |
Confirmed User
Join Date: Jan 2002
Location: In the walls of your house.
Posts: 3,985
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You could try slashdot.
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"Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats." --H.L. Mencken |
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#13 |
been very busy
Join Date: Nov 2002
Location: the queen city
Posts: 26,983
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wow thats fuckin nuts.
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want to buy this spot for cheap? it is of course for sale. long term deals are always the best bet. brand0n/ at/ a o l dot commies.
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#14 |
BANNED - SUPPORTING TUBES
Join Date: Aug 2002
Location: I live in a pile of boogers
Posts: 11,913
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how can you sue for damages, when damages total $15.00 per domain and since WIPO will certainly rule that .net and .org were registered in bad faith?
its one thing to be mad. its another thing to charge down machine guns to teach the triggermen a lesson. |
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#15 |
sex dwarf
Join Date: May 2002
Posts: 17,860
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Try and get some publicity. That'll draw the attention of the lawyers you need.
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/(bb|[^b]{2})/ |
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#16 |
Confirmed User
Join Date: Nov 2002
Location: Houston
Posts: 1,130
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dude. you don't stand a chance trust me.
legal fees alone are gonna cost you an arm and leg and you will NEVER win. i've dealt with those assholes before, in some cases in court under similar situations (i had a few AOL TM domains and pointed them to porn sites) and in some cases I just handed them over because I knew I wouldn't stand a chance. The name was taken from you simply because you refused to give it up and they either 1) couldn't contact you to file legal action or 2) they just didnt feel like it. They filed a complaint with ICANN and after a few months-weeks got them to release the name and transfer ownership to AOL. This is a VERY common thing in the domain business. Also, keep this in mind. If the domain was registered in bad intention (ex: to poke fun at aol or related service, or to advertise competition, etc) you may not only get it taken away, but they can sue you for up to $100,000 in damages. If you want a good lawyer, John Berry is THE BEST when it comes to domain disputes, but take my word for it. This piece of shit domain will cost you about $5k-$10k in legal fees and your chances of getting it back after such a long time are slim to none. Like I said before. Shit like this isn't uncommon, I've had a few problems with AOL myself. Lawyer Contact: John-AT-johnberryhill.com Good luck! Luc L.
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#17 |
in a van by the river
Industry Role:
Join Date: May 2003
Posts: 76,806
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in that case I guess it's a different issue if AOL missused their registrar privileges... you may want to do a search around the net... It was either AOL or microsoft that got bitch slapped for doing this to some young kid that had a domain they wanted.. they ended up losing..
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In November, you can vote for America's next president or its first dictator. |
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#18 |
Confirmed User
Join Date: Jun 2003
Location: NYC Baaaabeee
Posts: 3,101
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Well your domains seem political and if that's the case there is probably an exemption in the Trademark laws for parody/political speech.
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cat cash* | tr -d '\r' | tr -s '/n' > money |
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#19 |
in a van by the river
Industry Role:
Join Date: May 2003
Posts: 76,806
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a quick search brought up these 2 cases...incase you havn't seen them, maybe you could get enough people together to do a class action case
http://www.internetnews.com/bus-news/article.php/143441 http://www.observers.net/aolbeta.html
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In November, you can vote for America's next president or its first dictator. |
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#20 | |
:glugglug
Join Date: Mar 2003
Location: Where the Wild Things Are
Posts: 26,118
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Quote:
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#21 |
Confirmed User
Join Date: Dec 2003
Location: at your moms house
Posts: 838
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big companies with big money do these things as most people can not fight them it has their name in the domain name but also as said adds a parody into it america online is a fucking joke and everything they involve themself in just gets fucke dup look at icq for example ok back on subject well anyways good luck research some of the laws that evolve around the domain industry copy right laws etc and go from there
excuse my bad english ive only lived in the US all my life |
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#22 |
Retired
Industry Role:
Join Date: Dec 2002
Posts: 21,257
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your mistake was offering to sell the domain to them
I gaurantee that they sent your reply to icaan and said you were a cybersquatter trying to profit from thier trademark maybe you'll learn from this and never offer to sell someone a domain that they are claiming is a violation of thier trademark
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2 lifeguards for Jessica |
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#23 | |
Confirmed User
Industry Role:
Join Date: Mar 2003
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Posts: 7,197
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File a fraud complain with the FBI
http://www.ifccfbi.gov/index.asp what they did is fraud.... not ONLY a civil matter. Reminds me of the big sex.com scandal... except instead of a former inmate commiting fraud... its a major cooperation. This shit sickens me. Quote:
If I offer to sell you a car that you claim you own but didn't, that gives you the right to steal it??? (Yes it IS the same thing) They may hold a copyrite to "America Online" but not "America" and "online", If he was starting an ISP using that name then maybe AOL would have a case, but hes not.
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Amen |
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#24 | |
Retired
Industry Role:
Join Date: Dec 2002
Posts: 21,257
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Quote:
I've gone thru this before, but hey you are jesus, you know everything
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2 lifeguards for Jessica |
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#25 |
Registered User
Join Date: Aug 2003
Posts: 19
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America Online did not own a trademark for AmericaOuttaLine (& had no entitlement to the .com, .net. or .org domains that they manipulated the transfer of ownership of). The word America was in the domain, not Online, not AOL. They had no right to them, but realized the popularity of the domain name (since in just over a year, by word of mouth from one friend to another, the jokes & things that were there had generated over millions of visitors). I intended to fully develop the domains for use in a line of off the wall "Outta Line" Humor products I was going to develop (greeting cards, t-shirts, bumper stickers, etc).
It's not like I had registered a domain called "America-Online.com" --- in that case I could see how AOL would have a right to demand the domain or try to get it. However, "AmericaOuttaLine" they are not entiteld to. They do not own the word America. There is a domain online, AmericaOffline.com that is much more similar to AmericaOnline that what I had registered, & AOL has not right to the Offline domain either! I was not cybersquatting. If anything, AOL is the one who is cybersquatting, because they manipulated away domains from me that I fully intended to develop for a product line they have no right to (much less the domains). Fact is, even if I offered to consider AOL buying the domains if they truly wanted them ... it still does not entitle them to take the domain. If you tell your neighbor you MIGHT be willing to consider selling them your car, and they steal it ... do you not think your neighbor is in a big legal mess? They did not have the right to steal your car, just because you've said you were willing to consider selling it o them. As far as I am concerned, the same applies here with AOL. They did not have the right to steal the domains. THEY messed up by having a lawyer send me this letter asking me to "give" AOL the domains. They stated they wanted them. They could've registered the domains themselves, could've paid for the domains themselves, could've legally gotten the domains transferred to them the right way (rather than acting as criminally as they did); but they didn't. They just took them. They had my address, they had my phone #, they knew how to contact me (a lawyer representing them) had sent me a certified letter asking for the domains, which I responded to & said no I wasn't "giving" anything to anyone. My address has not changed. Noone made further contact me. I was never contacted by icann, AOL, or even the lawyer (noone) after that first & only letter. What happened, is AOL has the tools & ability to act as a registrar & transfer domains. I am told by my former registrar (whom the domain names were swindled from) that AOL had abused their tools & powers as a registrar to bypass Icann & the standard required policies for domain transfer and had initiated a domain transfer on their behalfs with them being the "gaining" registrar where the domain names were transferrred. I never got a chance to dispute the transfer attempt & had no knowledge of what AOL was doing until they had already transferred the domain names to themselves (using their registrar abilities) & locked the domains. The individual who posted the 2 incidents above of where AOL has done this before shows this is EXACTLY what they'd done to me, only worse --- I never got the opportunity to dispute or be made aware of anything. They just snuck in like the criminals they are & abused their power & TOOK WHAT THEY HAD NO RIGHT TO! And despite an earlie statement, I don't feel these are "piece of shit" domain names. If they were, I'd not have been able to generate millions of visitors to the domain names (with no paid advertising) in just over a year ... and AOL would not have so devilishly done as they have to get control of the domains! They wanted the domains & they got them ... but they did so illegally! They've done this before & they'll do it again unless they're slapped in the face & this is taken into the public eye to cause the big stink it should be made into --- THEY ARE NOT ABOVE THE LAW! I have done nothing wrong, and aside from failing to lock my domains (as I had thought I had done) I am not an idiot. I am also someone who did not deserve to have this done to them. AOL had no right to act in this manner, & I will fight them with every breath I have. I would just prefer to find an attorney who can empower the fight & avoid a lot of spinning of the wheels. I want to know how to best go about dealing with this (not having the money AOL does). Just because I dont' have billions of dollars does not mean that I should lose because AOL wants these domain names (which they're not even using). |
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#26 | |
Confirmed User
Industry Role:
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Posts: 7,197
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Quote:
I know that allwoing big corp. to push you around is the dumbest thing an american can do. In any case it does not alter the fact that your statment "your mistake was offering to sell the domain to them" is inccorect. That is NOT an admission that AOL has any legal claim to the domain.
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Amen |
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#27 |
Confirmed User
Join Date: Apr 2002
Location: Orlando, FL
Posts: 3,711
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if everything you claim in this post is true you have a very good case against them.
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#29 |
Confirmed User
Join Date: May 2002
Location: Ontario
Posts: 3,767
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I don't think too many of you know what you're talking about, I don't even think many of you read the complete post, I read 4-5 posts that were just plain stupid & I hope someone serious here can help you. All I can say is to not to give up and fight these motherfuckers for as long as you can, do whatever you can to find help, keep searching because it's about time someone stopped bullshit like this happening.
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#30 |
Registered User
Join Date: Aug 2003
Posts: 19
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Thanks, XanX --- Everything I've stated is fact. My former registrar is being very cooperative with me in getting additional information; which is how I found out that America Online has seemingly abused their powers as a registrar, & the tools that they possess to initiate domain transfers, to illegally intercept & transfer these domain names away from me --- doing so by bypassing me so that I would not dispute or know about the attempted transfer until it was too late & they had possession of the domains & they'd locked them (which is where I am now). I know I have a good case against them, as this shit is just wrong; but considering the power AOL has I don't want to go into this without an attorney not afraid of AOL or the publicity this case would get if they're not allowed to simply get away with this again. I'm definitely initiating a complaint with icann that AOL abused its powers as a registrar to obtain these domains illegally; but I'm told it isn't likely Icann is going to have the balls to take action against AOL (as they've done this before), although they (AOL) should have their rights as a registrar taken away. That being the case, I'm assuming an injunction against Icann will have to be filed to FORCE them to act against AOL & have their registrar ability removed so they can not continue to simply TAKE the domains from others that they want. This is just insane, they have billions --- why do they need to STEAL domains?
I don't understand the earlier individuals statement about damages only being limited to $15 per domain. This goes beyond that. They're cybersquatting a domain they had no right to. It is THEY who are cybersquatting on ME, not the other way around. Plus, they are trying to use their power to FORCE out or ROB my ability to use the domain as I fully intended (thus restricting trade & monopolize on their ability as a registrar; using it in a way it was not intended or given to them). As I've said, THEY NEED TO BE STOPPED & I WANT TO BE THE LAST PERSON THEY EVER HAVE THE BALLS TO TRY TO DO THIS TO AGAIN. I want them to know they are not above approach & folks like us are onto & watching them. Thanks for Gary's name, BigLou, I'll try to find a way to contact him. I have had someone tell me about the Sex.com thing; but this is outright theft & corruption by a corporation --- AMERICA ONLINE! I don't think they want the publicity this is going to get them, but I'm not going to shut up. Somehow, hopefully with some of the guidance or suggestions I obtain here on how to best deal with this, this is the last time we'll get fucked by the likes of AOL or those companies that think they can just screw us & do what they want & we'll just take it. Well, I've had enough --- and when I get fucked, I at least want a kiss. They could've done this the right way, but they chose not to. If any of you have heard of similar incidents by AOL, like the other 2 mentioned (whom I am going to try to contact & join in a suit if possible), I'd appreciate it. Also, please tell as many people as you know about this. Someone may be able to help or be helped by this as well. I just (basically) want AOL to be forced to publically face what they've done. Where's that hungry attorney wanting to chew AOL a new ass? This is just wrong. |
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#31 | |
Retired
Industry Role:
Join Date: Dec 2002
Posts: 21,257
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Quote:
If they offer to buy it, its different. But thats not what happened. Been there, done that, got the t-shirt, and not discussing it with you further.
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2 lifeguards for Jessica |
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#32 | |
Confirmed User
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Posts: 7,197
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Quote:
BTW... its ICANN not ICAAN
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Amen |
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