Organisation failed to renew and now they want it back

[dee]

For everyone that said they'd sell the name back, what if you found their wallet?

If you worked for a business looking after wallets, are getting paid for looking after wallets and get reminders that you are about to lose your wallet on a set date. If you then still lose that wallet, then wouldnt you expect to at least pay travel costs to get it back.

 

[Edwin]

Nominet's rules are largely on the side of the new owner (though over the years I believe there have been a handful of cases of domains being clawed back after they dropped)

Beyond that it's down to the exact domain and individual conscience.

 

[martin-s]

This situation is more like having failed to pay the finance on a beautiful sports car they love and the bank have taken it away and sold it to someone else. Now they are asking the new owner to give it back to them because they were planning a trip to the country in the car.

That's a bit naive. Other than domain investors, most people/companies own domains because they're trying to create a business.

If an investor drops a name, fair enough they should know better.

 

[martin-s]

I can understand that as a forum of primarily investors, a lot of you won't agree with me.

 

[keys]

If you release a domain name in return for a charity donation it is preferable for funds to go directly from "buyer" to charity. This can be an arrangement based on trust, or use an escrow service for a significant amount.

Receiving funds and donating to charity is not tax effiicient. If in doubt ask an accountant.

 

[scottmccloud]

I suspect that what some people say they would do and what they would actually do could differ somewhat if it was a rather valuable domain name.

 

[keys]

I suspect you are right.

If you ask 100 people what they do on Sunday, or do they go to Church on Sunday

There is likely to be a different result.

 

[RobM]

For everyone that said they'd sell the name back, what if you found their wallet?

Ridiculous comparison. A wallet still belongs to them. A domain doesn't. A more accurate one would be - if you were renting them a house and they didn't pay you would you let them stay there? If so that's fine but don't *expect* everyone to let people live for free in their houses.

 

[Murray]

For everyone that said they'd sell the name back, what if you found their wallet?

You walk into a restaurant, an empty table, you sit down

5 minutes later someone comes up behind you and says "hey.. I was sitting there"

Do you get up?

 

[mat]

You walk into a restaurant, an empty table, you sit down

5 minutes later someone comes up behind you and says "hey.. I was sitting there"

Do you get up?

They desperately need it back as they are eating on the table next week.

 

[Murray]

They desperately need it back as they are eating on the table next week.

Hehe that is actually why I said restaurant and not bar

So one of their excuses could be "but, I was just about to order!"

Joking aside, the concept of ownership and chairs is actually quite interesting

If you sit down in a public chair, you own it, if someones demands you move without good reason you will at least have some kind of altercation that could turn physical

People are willing to fight over something 10 minutes later they would have freely given up, left and never thought of again

 

[bulkcorn]

A couple of 'future use' domains I owned have been grabbed by Registrars in the past due to my 'forgetting to renew' ....... they haven't given them back despite my asking them nicely! They now resolve to 'for sale' pages.

In this business, I would ask for a nice sum if someone wants their domain back!

 

[RobM]

In this business, I would ask for a nice sum if someone wants their domain back!

It's not *their* domain. That is why a domain can't be registered by two different people. It ceased to be *their* domain after the expiry notices, the renewal period (during which it wouldn't have worked so they would have noticed), and then the drop. I guess some people really are in the wrong business if the act of making money flipping domains abhors them so much. Someone is living in a house I once rented (I don't pay rent there anymore) - should I knock on the door and ask them to move out as it's *my* house? All the orginal poster has achieved is making himself feel better when there was absolutely nothing to feel bad about in the first place and reward bad behaviour that will reinforce the irrational belief that somehow you can claim something belongs to you even though you haven't paid for it and someone else has bought it.

 

[atlas]

You're the *innocent* party in all of this.

You registered the domain in good faith, after their registration ceased. You paid for that registration.

If their registration ceased in error, their remedy is against the negligent party, not you, who is completely unconnected to any of the events they discuss.

It makes no sense to take a financial hit for a completely unconnected party's errors. If you're willing to do that, well, I've made a lot of errors over the years, and I'd be happy to pass the costs of my errors on to you as well...

 

[TallBloke]

Maybe this highlights a bit of human psychology?

Lets say the acronym was BHS (British Home Stores) and Sir Philip Green had ignored the nominet emails to renew his domain. You managed to hand reg BHS.co.uk and then Sir Philip asks for "his domain" back.

Who would feel that the right thing to do is to give him his domain back rather than ask him to pay an end-user price for it?

Obviously a daft example and I'm playing devil's advocate but probably a lot of decision making is influenced by emotion as well as principle?

 

[aZooZa]

If it was that lousy git I'd make him pay and replenish some of the pension funds he stole.

 

[AssetDomains]

A similar thing happened to me a few years back but instead of getting in touch the company pursued an ill advised DRS on the advise of a fairly well know hosting company who somehow let it drop so it can happen.
needless to say as they opened contact with a DRS my friendly side wasn't seen.
when nominet give them the nod during mediation the DRS was bogus due to the generic nature of the name I believe the hosting company agreed to foot the bill to acquire the name if they had contacted me with the story beforehand I may as others have said here just given it back as it did seem the hosting company messed up.
If you believe there story then its a tough dilemma maybe suggest they have there host come up with a fair fee for your inconvince in this matter

 

[bulkcorn]

It's not *their* domain. That is why a domain can't be registered by two different people. It ceased to be *their* domain after the expiry notices, the renewal period (during which it wouldn't have worked so they would have noticed), and then the drop......

You are right. It's no longer theirs once it drops; It is their 'ex'-domain!

 

[ian]

Also had similar, caught a domain, was contacted soon after by the previous registrant asking if they could have it back. As it happened, they owned the trademark worldwide, but as it was two generic words that worked together, they knew it wouldn't be that easy to recover through legal paths. They asked how much I would like, I said make me an offer because otherwise it may be seen as domain hijacking. They made an offer which was 'reasonable'; I could have pushed for more, but felt from the long conversations we had it was an honest mistake, so deal done and both parties happy. Just checked, they still own in, but the risk of your generosity could be a ploy where they sell it on for a tidy sum!

 

[keys]

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