Should we give/sell back our site name? Are there legal repercussions?
February 16, 2013 9:51 AM Subscribe
Short:
Guy let his domain name expire, we won it at auction after the one-month grace period, 1-2 weeks later we get an email from him saying "B-b-but..."
Long:
We do tons of photography as a hobby and needed a place to put lots of photos for sharing, and maybe start to earn a little money. We picked out a photo hosting site and after weeks of thinking and researching, came up with a name we loved and which was available as *photography.com.
*photo.com was already taken, although the domain was set to expire in January. That site was for real estate photography (that's a thing?) 1000 miles away, his site had been up for a year but had just 3 photos on it and still showed things like "Insert text here" where he hadn't finished the pages. He also has a FB page for the name, but as "* Real Estate Photography" and with no activity. (He wrote a blurb a year ago when he made the page, that's it)
We paid for *photography.com right away and backordered *photo.com in hopes it would lapse. It did, we got it for about $70, and now he's written a pleasant email asking for it back. He basically said he did not know how this could happen, this is his business, he registered the name, he has thousands of business cards and a car decal with this web address, and that his clients know it.
My first reaction was "Aww, I feel guilty for stealing his name! We should give it back. Well, at cost." Mr. Anwan was like "No way, he had a month to pay again, and his thousands of business cards cost about $25." Both of us think his "business" is a joke (he didn't even read the emails coming from his domain registrar?), and I'm coming around to the idea of saying "No." However Mr. Anwan is concerned that he could cause trouble for us, even take us to some "internet court" to get the domain name from us.
Complicating factor: Mr. Anwan went against my adamant wishes and did not register for this domain anonymously, so the guy has our name, address and phone number (so does the rest of the internet). There are enough nutjobs out there that I'm a bit afraid of saying "No" to him.
So, are there real legal issues if we say no? Is it unethical to keep the name? Is it just plain mean? Am I paranoid for being afraid of harassment?
Long:
We do tons of photography as a hobby and needed a place to put lots of photos for sharing, and maybe start to earn a little money. We picked out a photo hosting site and after weeks of thinking and researching, came up with a name we loved and which was available as *photography.com.
*photo.com was already taken, although the domain was set to expire in January. That site was for real estate photography (that's a thing?) 1000 miles away, his site had been up for a year but had just 3 photos on it and still showed things like "Insert text here" where he hadn't finished the pages. He also has a FB page for the name, but as "* Real Estate Photography" and with no activity. (He wrote a blurb a year ago when he made the page, that's it)
We paid for *photography.com right away and backordered *photo.com in hopes it would lapse. It did, we got it for about $70, and now he's written a pleasant email asking for it back. He basically said he did not know how this could happen, this is his business, he registered the name, he has thousands of business cards and a car decal with this web address, and that his clients know it.
My first reaction was "Aww, I feel guilty for stealing his name! We should give it back. Well, at cost." Mr. Anwan was like "No way, he had a month to pay again, and his thousands of business cards cost about $25." Both of us think his "business" is a joke (he didn't even read the emails coming from his domain registrar?), and I'm coming around to the idea of saying "No." However Mr. Anwan is concerned that he could cause trouble for us, even take us to some "internet court" to get the domain name from us.
Complicating factor: Mr. Anwan went against my adamant wishes and did not register for this domain anonymously, so the guy has our name, address and phone number (so does the rest of the internet). There are enough nutjobs out there that I'm a bit afraid of saying "No" to him.
So, are there real legal issues if we say no? Is it unethical to keep the name? Is it just plain mean? Am I paranoid for being afraid of harassment?
I look at this a bit like finding someones wallet or notebook or jacket on the ground. Yes they should have been more thoughtful and not lost the thing in the first place, and it does cause you a little annoyance and time but the nice things to do is to give it to him.
It doesn't look like this guy is a cyber squatter or someone trying to make a quick buck, they are trying to get a real or hobby business off the ground and are maybe not the most cyber-savy.
So many people have been conditioned to ignore emails due to spam/viruses/scams that I could see someone not quick believing or understanding that their domain is coming due.
In my mind its a little like checking out the tax liens on property, yes you can get a grandma's house for very little money, but does it make you feel good in the long term to get something you want by a side effect of someone not being super savvy or smart.
posted by bottlebrushtree at 10:03 AM on February 16, 2013
It doesn't look like this guy is a cyber squatter or someone trying to make a quick buck, they are trying to get a real or hobby business off the ground and are maybe not the most cyber-savy.
So many people have been conditioned to ignore emails due to spam/viruses/scams that I could see someone not quick believing or understanding that their domain is coming due.
In my mind its a little like checking out the tax liens on property, yes you can get a grandma's house for very little money, but does it make you feel good in the long term to get something you want by a side effect of someone not being super savvy or smart.
posted by bottlebrushtree at 10:03 AM on February 16, 2013
Sell it to him for $250. He gets his name back relatively cheaply, and you get a nice dinner and a show night out of it. Win - win. If he is not willing to pay $250 it's not a real business and you don't have to feel guilty.
posted by COD at 10:06 AM on February 16, 2013 [34 favorites]
posted by COD at 10:06 AM on February 16, 2013 [34 favorites]
You obviously shouldn't just hand it over. I'd offer to sell it back to him at your cost plus a kick for your time. However if you are feeling more middle road you could offer to put some sort of banner on your site for a year or so pointing to his new domain for free.
posted by Mitheral at 10:18 AM on February 16, 2013
posted by Mitheral at 10:18 AM on February 16, 2013
What? I totally wouldn't do this. This is not in any way similar to finding someone's wallet, and you absolutely didn't steal his name. If anything this is like buying a foreclosed home, it is not the former owner's possession - it wouldn't have been on the market if the owner had paid his mortgage or worked with the bank to set up a payment plan, etc.
I think this is totally up to you - if you want to SELL it back, make an offer that seems reasonable to you - you will likely never hear from the guy again (I offered to sell someone who reallyreallyreally wanted a domain name I had for the extremely modest sum of $100 and got another email from them). Bear in mind if you do this, there will be some time consuming stuff to be done (probably not onerous, but definitely will take a bit of time) to transfer it back.
Given your situation, I wouldn't sell it back to him. If it were me, I'd write back politely and tell him that you're going to hang onto it for now because you too intend to use it for work, but if that ever changes you will absolutely contact him. Since you're concerned about the privacy angle, I might just not email him at all - there is a good chance that he won't follow up on this at all.
posted by arnicae at 10:37 AM on February 16, 2013 [6 favorites]
I think this is totally up to you - if you want to SELL it back, make an offer that seems reasonable to you - you will likely never hear from the guy again (I offered to sell someone who reallyreallyreally wanted a domain name I had for the extremely modest sum of $100 and got another email from them). Bear in mind if you do this, there will be some time consuming stuff to be done (probably not onerous, but definitely will take a bit of time) to transfer it back.
Given your situation, I wouldn't sell it back to him. If it were me, I'd write back politely and tell him that you're going to hang onto it for now because you too intend to use it for work, but if that ever changes you will absolutely contact him. Since you're concerned about the privacy angle, I might just not email him at all - there is a good chance that he won't follow up on this at all.
posted by arnicae at 10:37 AM on February 16, 2013 [6 favorites]
It would be the kind thing to do. Let me explain how this could have happened to him, giving an example of how it happened to me (fortunately with a domain name I wasn't currently using for anything too important):
1) I register a domain name, let's say it's plateofbeans.biz. I am so excited about snagging this great domain name that I secure it for 5 or 7 years or whatever the maximum length of time is.
2) In the course of those years, I change ISPs and the email with which I registered the domain becomes defunct.
3) I forget this, because I now get all my email regarding this domain at beangirl@plateofbeans.biz.
4) One day, someone tells me "Your site is down" and I'm all "Shit, my site is down."
5) Cue lengthy phone calls with domain registrar's customer support. This whole process takes weeks.
6) Meanwhile, someone else has bought plateofbeans.biz, not knowing about the negotiations with domain registrar.
posted by Sidhedevil at 10:38 AM on February 16, 2013 [1 favorite]
1) I register a domain name, let's say it's plateofbeans.biz. I am so excited about snagging this great domain name that I secure it for 5 or 7 years or whatever the maximum length of time is.
2) In the course of those years, I change ISPs and the email with which I registered the domain becomes defunct.
3) I forget this, because I now get all my email regarding this domain at beangirl@plateofbeans.biz.
4) One day, someone tells me "Your site is down" and I'm all "Shit, my site is down."
5) Cue lengthy phone calls with domain registrar's customer support. This whole process takes weeks.
6) Meanwhile, someone else has bought plateofbeans.biz, not knowing about the negotiations with domain registrar.
posted by Sidhedevil at 10:38 AM on February 16, 2013 [1 favorite]
He can find a new name. Unfortunate, but he made the mistake. You registered it with the option to be notified if your preferred name became available. It did. You've done no wrong, and it was up to him to keep on top of the situation.
I know exactly when my domains expire. If he has multiple ones, and wants to, he can keep a spreadsheet of these and sync it with a calendar.
If you want the name, you've got it. Just contact your host for private registration options to prevent your personal info being out there on the WHOIS.
If you choose to sell it back to him, that's your call. But don't let him guilt trip you into it. You didn't have that 'notify if available' box checked for no reason.
posted by Fire at 10:48 AM on February 16, 2013 [3 favorites]
I know exactly when my domains expire. If he has multiple ones, and wants to, he can keep a spreadsheet of these and sync it with a calendar.
If you want the name, you've got it. Just contact your host for private registration options to prevent your personal info being out there on the WHOIS.
If you choose to sell it back to him, that's your call. But don't let him guilt trip you into it. You didn't have that 'notify if available' box checked for no reason.
posted by Fire at 10:48 AM on February 16, 2013 [3 favorites]
You didn't steal anything. That's like someone being evicted, you beginning to rent the space and them coming crying to your door. He missed his payments, and then he missed the appeal chance. He doesn't do business enough that any of this rang warning bells before now. Best of luck with your business/hobby!
I have my eye on a domain that I hope someone will forget to renew some day, I must look into how to back-order a domain like that. Feel free to memail me with any tips.
posted by Iteki at 10:52 AM on February 16, 2013 [5 favorites]
I have my eye on a domain that I hope someone will forget to renew some day, I must look into how to back-order a domain like that. Feel free to memail me with any tips.
posted by Iteki at 10:52 AM on February 16, 2013 [5 favorites]
"It would be the kind thing to do."
Indeed. So would handing him a check for $2,500 for no reason at all. The question isn't "would giving him your domain name be the kind thing to do", the question is "Would it be unkind to keep your domain name." (And, no, it's not "his" domain name that you'd be giving back, it now belongs to you. Don't think of it as something that belongs to him that you found)
Short version: no, probably not. This was something that wasn't important enough to him to keep up with, but now he wants you to give it up because he's remorseful.
He has a vehicle decal with his web address on it. So what? He wasn't using the website before (see, e.g., 'insert text here', etc.) so how many folks do you think were actually using it. The harm you're doing here is almost purely imaginary.
You didn't "find his wallet", you went to goodwill and bought something that he donated by accident (or incompetence) and now he wants it back.
Ask him what the domain is worth to him, if you want. That's as good a way to determine how much harm he thinks it's doing him, but absolutely do not sell this back at cost, unless you're going to include the cost of time it took you to get the domain and the time it will take to find a new one.
posted by toomuchpete at 10:57 AM on February 16, 2013 [7 favorites]
Indeed. So would handing him a check for $2,500 for no reason at all. The question isn't "would giving him your domain name be the kind thing to do", the question is "Would it be unkind to keep your domain name." (And, no, it's not "his" domain name that you'd be giving back, it now belongs to you. Don't think of it as something that belongs to him that you found)
Short version: no, probably not. This was something that wasn't important enough to him to keep up with, but now he wants you to give it up because he's remorseful.
He has a vehicle decal with his web address on it. So what? He wasn't using the website before (see, e.g., 'insert text here', etc.) so how many folks do you think were actually using it. The harm you're doing here is almost purely imaginary.
You didn't "find his wallet", you went to goodwill and bought something that he donated by accident (or incompetence) and now he wants it back.
Ask him what the domain is worth to him, if you want. That's as good a way to determine how much harm he thinks it's doing him, but absolutely do not sell this back at cost, unless you're going to include the cost of time it took you to get the domain and the time it will take to find a new one.
posted by toomuchpete at 10:57 AM on February 16, 2013 [7 favorites]
I might feel a little sorry for the guy and test how much he really cares. I would reply that if the domain is that important, you will gladly sell it back to him. I would give him a 1 week offer of $500, take it or leave it. If it really is his business he will take it. If he says ok, I would know he is sincere and I would tell him you are lowering your price to half of what ever you ask for (or your cost whichever is greater). If he is not willing to accept a reasonable business cost of between $500 -$1,000, then he is not really in business or it is not that important. You don't have to actually sell it for the high price, you can lower it if he accepts, but use it as a way to quantify his interest or measure how much he really cares. If he says no, well that is his problem.
posted by JohnnyGunn at 11:00 AM on February 16, 2013 [3 favorites]
posted by JohnnyGunn at 11:00 AM on February 16, 2013 [3 favorites]
This is an interesting case, because what is kind and what is best for the world are different things.
Kind would be handing the domain back from him. He has a tiny investment in the domain ($25, a couple hours, and a couple people who know about it), so you could kindly let him keep that investment.
But this changes the equation: his site had been up for a year but had just 3 photos on it and still showed things like "Insert text here" where he hadn't finished the pages. Maybe I'm letting my recent experience color my judgement (someone whose website hadn't been updated since 2003 wouldn't sell me their domain at any price), but this guy isn't using that domain. It's currently an underutilized resource - he is hardly using it, but cries foul when it’s obtained by anyone else who might put it to better use. He's a borderline domain squatter: "Well, I don't want to put any effort into this website, but this domain is cool so I'll do the bare minimum and keep anyone else from swiping it." Honestly, this guys is raising my "domain squatters are scum" ire. So you guys having the domain and making good use of it is a better use of the shared resource (domain name) is better for the world as a whole.
So put me with the people who say you can offer to sell it to him for a decent sum, say $250-$500. If this really matters to him and his business, he’ll accept that he has incurred a business expense. If he doesn’t pay, then it wasn’t that important and he’s just seeking freebies. If he cries foul, then he’s an entitled squatting brat who wants to keep things all to himself because he got there first.
posted by Tehhund at 11:15 AM on February 16, 2013 [3 favorites]
Kind would be handing the domain back from him. He has a tiny investment in the domain ($25, a couple hours, and a couple people who know about it), so you could kindly let him keep that investment.
But this changes the equation: his site had been up for a year but had just 3 photos on it and still showed things like "Insert text here" where he hadn't finished the pages. Maybe I'm letting my recent experience color my judgement (someone whose website hadn't been updated since 2003 wouldn't sell me their domain at any price), but this guy isn't using that domain. It's currently an underutilized resource - he is hardly using it, but cries foul when it’s obtained by anyone else who might put it to better use. He's a borderline domain squatter: "Well, I don't want to put any effort into this website, but this domain is cool so I'll do the bare minimum and keep anyone else from swiping it." Honestly, this guys is raising my "domain squatters are scum" ire. So you guys having the domain and making good use of it is a better use of the shared resource (domain name) is better for the world as a whole.
So put me with the people who say you can offer to sell it to him for a decent sum, say $250-$500. If this really matters to him and his business, he’ll accept that he has incurred a business expense. If he doesn’t pay, then it wasn’t that important and he’s just seeking freebies. If he cries foul, then he’s an entitled squatting brat who wants to keep things all to himself because he got there first.
posted by Tehhund at 11:15 AM on February 16, 2013 [3 favorites]
There is a chance that if you develop *photography.com you will loose some type-in or typo'd link traffic to *photo.com, so you do have legitimate reason to retain the name. Developing *photography.com into a successful site will also increase the value of *photo.com (to certain individuals), and if this guy sells it to the wrong person you could have a real headache. When running a business you must think of the business (and it's purpose) as your baby, all decisions should weigh the needs of the business, it's purpose, and it's people before others. Retaining *photo.com is better for your baby. He let his baby languish, and so is an unfit father.
Also, unless the * is a registered trademark, there is little chance of this guy prying it out of your portfolio legally.
He's obviously crap at business, especially if he was handing out business cards with a domain name that was so poorly developed. If you want to offer him the opportunity to recoup the domain, it is entirely your decision, and you have no legal or ethical responsibility to do so IMO. If you do, pick a number that is high, but still win-win. $250 is too low IMO, since you will be investing time, money, and energy in a very similar name.
You could tell him that you already have a buyer lined up for the name, and then activate domain privacy (change the nameservers as well) to bluff him into believing that it's no longer in your possession... by the sound of it this guy wouldn't follow up. You could offer it to him at an inflated price to cover your costs + time + opportunity loss/value of the domain to you. You can also just give it to him so it can sit, half-developed until the next time he forgets to renew it and somebody else snaps it up and launches a competing site to yours with a domain name that may very well siphon off some of your traffic/brand and hurt your baby.
posted by Th!nk at 11:18 AM on February 16, 2013 [5 favorites]
Also, unless the * is a registered trademark, there is little chance of this guy prying it out of your portfolio legally.
He's obviously crap at business, especially if he was handing out business cards with a domain name that was so poorly developed. If you want to offer him the opportunity to recoup the domain, it is entirely your decision, and you have no legal or ethical responsibility to do so IMO. If you do, pick a number that is high, but still win-win. $250 is too low IMO, since you will be investing time, money, and energy in a very similar name.
You could tell him that you already have a buyer lined up for the name, and then activate domain privacy (change the nameservers as well) to bluff him into believing that it's no longer in your possession... by the sound of it this guy wouldn't follow up. You could offer it to him at an inflated price to cover your costs + time + opportunity loss/value of the domain to you. You can also just give it to him so it can sit, half-developed until the next time he forgets to renew it and somebody else snaps it up and launches a competing site to yours with a domain name that may very well siphon off some of your traffic/brand and hurt your baby.
posted by Th!nk at 11:18 AM on February 16, 2013 [5 favorites]
If he didn't know the domain was coming up for sale, I doubt he is savvy enough to retaliate and cause you harm.
Please do contact your registrar and get your info anonymized.
The point that these two domain names you own complement each other and boost value is true.
I also think you might offer to sellout back to him and see what he says.
I think $250 is too low, and if this is a true investment for you, giving up you preferred domain name IS a hardship! I think $750 to $1,000 is more in the ballpark. I've been tangentially involved in a few domain name sales, and this is about what others went for, or more, to be honest.
This is your property, not his. "Kindness" doesn't enter the picture. You have a legitimate use for the domain name that you own, sogo forth and use it!
posted by jbenben at 11:43 AM on February 16, 2013 [1 favorite]
Please do contact your registrar and get your info anonymized.
The point that these two domain names you own complement each other and boost value is true.
I also think you might offer to sellout back to him and see what he says.
I think $250 is too low, and if this is a true investment for you, giving up you preferred domain name IS a hardship! I think $750 to $1,000 is more in the ballpark. I've been tangentially involved in a few domain name sales, and this is about what others went for, or more, to be honest.
This is your property, not his. "Kindness" doesn't enter the picture. You have a legitimate use for the domain name that you own, sogo forth and use it!
posted by jbenben at 11:43 AM on February 16, 2013 [1 favorite]
everybody is focusing on the web content, but the guy may have been using it as is email domain too - don't forget that. If it doesn't matter that much to you, I would ask for a couple of hundred, just to make your time and effort worth it - since he did screw up, and miss the renewal. If it is worth it to you, then boo for him I guess, technically speaking you don't owe him a thing.
posted by defcom1 at 12:21 PM on February 16, 2013 [1 favorite]
posted by defcom1 at 12:21 PM on February 16, 2013 [1 favorite]
Tehhund: "Maybe I'm letting my recent experience color my judgement (someone whose website hadn't been updated since 2003 wouldn't sell me their domain at any price), but this guy isn't using that domain."
Just a note that a public facing web presence isn't the only thing to do with a domain. I own a handful of domains. Most of them haven't been publicly updated in a while. However I use the domains for other things. For example I use my handle domain (I just looked and the last public update was 05/08/07) to host images for linking on Metafilter and other sites. I dump stuff into my images folders all the time but they aren't publicly browsable. And one of my sites has no web presence at all because I use it strictly for email.
posted by Mitheral at 12:24 PM on February 16, 2013 [7 favorites]
Just a note that a public facing web presence isn't the only thing to do with a domain. I own a handful of domains. Most of them haven't been publicly updated in a while. However I use the domains for other things. For example I use my handle domain (I just looked and the last public update was 05/08/07) to host images for linking on Metafilter and other sites. I dump stuff into my images folders all the time but they aren't publicly browsable. And one of my sites has no web presence at all because I use it strictly for email.
posted by Mitheral at 12:24 PM on February 16, 2013 [7 favorites]
Be a mensch. It's a great motto for life.
No, you don't have to do anything. But you kinda know that.
posted by MuffinMan at 1:04 PM on February 16, 2013 [3 favorites]
No, you don't have to do anything. But you kinda know that.
posted by MuffinMan at 1:04 PM on February 16, 2013 [3 favorites]
(he didn't even read the emails coming from his domain registrar?)
I deal on a fairly regular basis with people who've had domains lapse on them. Sometimes it's people who didn't know that domain registration was separate from hosting, or who initially paid a designer to do the full setup and didn't get the dom-reg credentials, or who received so many scam renewal invoices that they ignored the real ones. It happens a lot. It causes a fair bit of hassle, even on pretty rudimentary sites, especially if the email is used for password reminders, etc. -- Mitheral's right about the web-facing part of a domain being no guide to whether it's being put to use.
It would be nice for you to offer it back, at a cost that accurately reflects the time and money you've already paid, plus the work required to transfer ownership.
posted by holgate at 2:19 PM on February 16, 2013
I deal on a fairly regular basis with people who've had domains lapse on them. Sometimes it's people who didn't know that domain registration was separate from hosting, or who initially paid a designer to do the full setup and didn't get the dom-reg credentials, or who received so many scam renewal invoices that they ignored the real ones. It happens a lot. It causes a fair bit of hassle, even on pretty rudimentary sites, especially if the email is used for password reminders, etc. -- Mitheral's right about the web-facing part of a domain being no guide to whether it's being put to use.
It would be nice for you to offer it back, at a cost that accurately reflects the time and money you've already paid, plus the work required to transfer ownership.
posted by holgate at 2:19 PM on February 16, 2013
On the one hand, technically no, I don't think you have to give it back.
On the other hand, he'll probably keep whining at you until you give it up, or otherwise be difficult about it (he's started in already). I'd say to make him pay you what you paid to get the domain and hand it back to avoid the drama.
posted by jenfullmoon at 6:00 PM on February 16, 2013
On the other hand, he'll probably keep whining at you until you give it up, or otherwise be difficult about it (he's started in already). I'd say to make him pay you what you paid to get the domain and hand it back to avoid the drama.
posted by jenfullmoon at 6:00 PM on February 16, 2013
I've had this happen to me - lost track of time, domain registration email went to a no-longer-working email address, etc.
But as you mention in your question there is the one-month grace period. So when it happened to me, site went down, I noticed that day, I called netsol and we updated all my info and got things back online in a day or two.
So how much could this guy really value this domain if he didn't do anything about it - for a month - after it stopped working? Or did he even notice?
Legal issues: you haven't done anything wrong, but anyone can file a lawsuit. However, I don't see someone who doesn't get around to fixing their domain while it is down a month as someone who is going to do all the work to launch an inter-state legal campaign.
"Am I paranoid for being afraid of harassment?"
It's a valid concern. But if it were me, I'd think he is going to get tired of the effort quickly. On your end you probably just have to filter his emails to the trash if he persists. If he starts with harassing phone calls, call the police.
Still your call but he could just take his $70 and print new business cars and buy a new car sticker for all the value he was getting out of the domain.
posted by mikepop at 7:50 PM on February 16, 2013 [1 favorite]
But as you mention in your question there is the one-month grace period. So when it happened to me, site went down, I noticed that day, I called netsol and we updated all my info and got things back online in a day or two.
So how much could this guy really value this domain if he didn't do anything about it - for a month - after it stopped working? Or did he even notice?
Legal issues: you haven't done anything wrong, but anyone can file a lawsuit. However, I don't see someone who doesn't get around to fixing their domain while it is down a month as someone who is going to do all the work to launch an inter-state legal campaign.
"Am I paranoid for being afraid of harassment?"
It's a valid concern. But if it were me, I'd think he is going to get tired of the effort quickly. On your end you probably just have to filter his emails to the trash if he persists. If he starts with harassing phone calls, call the police.
Still your call but he could just take his $70 and print new business cars and buy a new car sticker for all the value he was getting out of the domain.
posted by mikepop at 7:50 PM on February 16, 2013 [1 favorite]
Just a note that a public facing web presence isn't the only thing to do with a domain.
While this is true, obviously this is not what this guy was doing. If he was he would have noticed immediately when the domain lapsed because his email, game server, image backup, etc, etc was off-line. He didn't.
If he was really using it as a business I don't know why he'd get a bunch of business cards printed that point to a clearly unfinished web site. And I have a hard time believe that his clients know it because... again, he'd know it was offline sooner. Taking it off his hands almost seems like a favor.
Are there legal issues? No. If he owned a trademark on *photo he could send it to arbitration, but I think the chances of that are nill.
Keep it, use it in good health. He was using a Ming vase as an ash tray, you can put it on display.
posted by Ookseer at 12:21 AM on February 17, 2013 [1 favorite]
While this is true, obviously this is not what this guy was doing. If he was he would have noticed immediately when the domain lapsed because his email, game server, image backup, etc, etc was off-line. He didn't.
If he was really using it as a business I don't know why he'd get a bunch of business cards printed that point to a clearly unfinished web site. And I have a hard time believe that his clients know it because... again, he'd know it was offline sooner. Taking it off his hands almost seems like a favor.
Are there legal issues? No. If he owned a trademark on *photo he could send it to arbitration, but I think the chances of that are nill.
Keep it, use it in good health. He was using a Ming vase as an ash tray, you can put it on display.
posted by Ookseer at 12:21 AM on February 17, 2013 [1 favorite]
Are there legal issues? If he own's the trademark then there might be.
But if you are just using it for a hobby and not really invested in it, it would certainly be nice to sell it back to him. Maybe like someone suggested for $250. SO you have some money let over for a nice dinner.
posted by WizKid at 12:14 PM on February 19, 2013
But if you are just using it for a hobby and not really invested in it, it would certainly be nice to sell it back to him. Maybe like someone suggested for $250. SO you have some money let over for a nice dinner.
posted by WizKid at 12:14 PM on February 19, 2013
Response by poster: Every response was so helpful to us. We ended up going with a combination:
We explained to him (politely) our doubts about his business and the risks to our own that we had just been made aware of. We told him we're keeping the name for now, but we will let him USE the domain for a year if he actually, you know, finishes the site construction and posts updates of his work on it. At the end of a year if he has a real-looking business going, we will sell him the domain name for our cost plus a small amount to cover the paperwork hassle.
He agreed.
posted by Anwan at 9:12 AM on April 9, 2013
We explained to him (politely) our doubts about his business and the risks to our own that we had just been made aware of. We told him we're keeping the name for now, but we will let him USE the domain for a year if he actually, you know, finishes the site construction and posts updates of his work on it. At the end of a year if he has a real-looking business going, we will sell him the domain name for our cost plus a small amount to cover the paperwork hassle.
He agreed.
posted by Anwan at 9:12 AM on April 9, 2013
« Older Help me begin my study of German on a firm footing... | How To Ensure a Phone is Logged Out of Google Newer »
This thread is closed to new comments.
posted by Mo Nickels at 9:57 AM on February 16, 2013 [1 favorite]