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Filing a Domain Name Dispute?

Hemos posted more than 12 years ago | from the how-do-you-do-it dept.

Linux Business 227

0backlash0 writes "I work for a not-for-profit that's involved in community media especially radio, television, and increasingly, the internet. We exist by and for the community, which is to say that we're not a large organization. Someone has registered a domain name that we used to own: kdhxfm88.org The name appears to be registered in "bad faith". Because of our size, we can't exactly afford to hire a team of lawyers to take care of this for us. What can we do and how do we do it?"

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Well... (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2540444)

Get lots of first posts?

Re:Well... (0)

Anonymous Coward | more than 12 years ago | (#2540539)

God Damnit I dont. Whats your secret?

See my first post wasn't really a first post. Its the one that is titled "hahahahaha."

The ? is... (2, Insightful)

modemboy (233342) | more than 12 years ago | (#2540459)

can you afford a better lawyer than the person who took your domain?

The answer is: (-1)

The Turd Report (527733) | more than 12 years ago | (#2540515)

No. That is why he is in here looking for free legal advice.

Re:The ? is... (2, Informative)

zaren (204877) | more than 12 years ago | (#2540564)

If you follow the "buy this domain" link from below the porn ad that now graces the page that appears at their url, you see:

"Any Offer Below $550.00 USD Will Be Ignored!"

I've run into a similar problem where a domain name I created for a small business expired and someone snarfed it up. At least in my case, the squatt - err, "opportunists" - will consider an offer of $150.

I'm about as out of luck as you, because I screwed up and forgot to re-reg the name when it expired. You can either cough for for a domain resolution, pay them their extorti - err, transfer fee, or sit it out, wait for the name to expire, and try to snarf it back out from under them.

Re:The ? is... (5, Informative)

mkelley (411060) | more than 12 years ago | (#2540801)

I remember a case where once the "squatter" offered to sell the name back to the owner, he lost all right to that name. So by offering the "buy this domain" link, they have forfeited there rights. Look here [nolo.com] for more information. See the header "Bad Faith"

"used to own" (1, Insightful)

mrbill (4993) | more than 12 years ago | (#2540460)

If you let the domain expire, and someone else registered it, I say you're going to have a hard time *taking it back* from its now-rightful owner.

Re:"used to own" (1)

WalterSobchak (193686) | more than 12 years ago | (#2540472)

That would have been my question: Why "used to own", what happened?

Alex

Re:"used to own" (2)

truesaer (135079) | more than 12 years ago | (#2540610)

On the other hand, even though taking it back from someone after you've let it expire seems crappy, kdhxfm88.org isn't likely to be a domain that is useful to anyone but that radio station. If another station has those same call letters and number (which would defeat the purpose of call letters) then this guy is out of luck.

But if they accidentally let it expire and some squatter snapped it up, then they should get it back.

Re:"used to own" (5, Informative)

startled (144833) | more than 12 years ago | (#2540756)

How the fuck does this qualify as insightful? Let's look at it again, in instant replay:

"If you let the domain expire, and someone else registered it, I say you're going to have a hard time *taking it back* from its now-rightful owner."

No, he's not going to have a hard time taking it back, because according to ICANN's UDRP, these other people are acting in bad faith-- they are not the "rightful owner" that you mistakenly assumed. The rules are easy to search, and are here: http://www.icann.org/udrp/udrp-rules-24oct99.htm [icann.org] . But I'll quote it for you, since I'm sure no one will actually go read it.

Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,

(1) the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

(2) why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and

(3) why the domain name(s) should be considered as having been registered and being used in bad faith


So, seems pretty clear-cut here. Gee, you think the porn site's name isn't confusingly similar? You think they have legitimate interests in the name? You think they somehow weren't registering in bad faith?

As long as I'm apparently the only person who bothered to do some research on this first, including the original submitter, why don't I point out the procedures spelled out in detail here [wipo.int] . Note that the single largest roadblock for a small non-profit is going to be the $1500 fee. Is the domain name worth $1500 to you? If so, read up, and you'll probably get it after a few forms and a money transfer. If not, use one of the gajillion other names available to you that's easier to remember than kzhszdfwelsdafjsdfzlldfm.org or whatever.

used to own? (1)

moronic1 (162493) | more than 12 years ago | (#2540462)

Please explain more.. If you used to own it then why did you let it expire if you were using it?

All of you can kiss my ass! (-1, Flamebait)

JonKatz on (535285) | more than 12 years ago | (#2540463)

I quit!!!

hahahaha (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2540464)

first post fuckers!!!!!

Re:hahahaha (-1, Flamebait)

Anonymous Coward | more than 12 years ago | (#2540489)

not even close... so now please either STFU or FOAD (Fuck Off And Die)

Re:hahahaha (-1, Flamebait)

Anonymous Coward | more than 12 years ago | (#2540507)

FOAD? Does that mean Fuck yO mommA Dry?

Re:hahahaha (-1, Flamebait)

Anonymous Coward | more than 12 years ago | (#2540579)

You can try if you want... She's rather hard to satisfy though.

Re:hahahaha (0)

Anonymous Coward | more than 12 years ago | (#2540684)

hot damn!!! here i cum bitch!!!

You used to own it? (2, Insightful)

saynt (19633) | more than 12 years ago | (#2540465)

If you owned the domain name and then let your ownership drop, especially if it wasn't simply a failure to pay in time, you might have some real trouble getting it back. You need to be able to show that you meant to keep the domain name and that it was lost through some error.

you lose (0)

Anonymous Coward | more than 12 years ago | (#2540467)

Why did you let the name expire? couldn't raise 30 bucks? too bad, change your name, get a new domain.

Re:you lose (0)

Anonymous Coward | more than 12 years ago | (#2540534)

you dope... you know how big of a process it is to change call letters?

Re:you lose (0, Redundant)

XarsonX (512821) | more than 12 years ago | (#2540673)

i checked out the domain and now its pr0n
wtf
warning would be nice

Not worry about it? (1)

m0nkyman (7101) | more than 12 years ago | (#2540470)

If you gave it up, that was for a reason right? If the guy starts saying he represents the radio station, fair enough, suehis misrepresenting ass, but otherwise, who cares. You have the domain you want.

RIAA (2, Funny)

FraggleMI (117868) | more than 12 years ago | (#2540477)

Hurry up and call the RIAA quick! They have lawyers!

Bad faith? (2, Interesting)

Angry Black Man (533969) | more than 12 years ago | (#2540481)

Why is the name registered in "bad faith?" While Id like to support you, you fail to give any details. Just because they registered that domain name does not mean it is in "bad faith." And, if you are such a small organization, what reason would someone have for registering the domain name? Its obviously not money.

Companies immediately say anyone who registered anything to do with their name registered it in "bad faith." I think you need to get everything uneder control before you go spouting off allegations.

Re:Bad faith? (1)

Hieronymus Howard (215725) | more than 12 years ago | (#2540510)

Why is the name registered in "bad faith?"

This is what the domain points to...

EURO TEEN SLUTS

165,000 Barely Legal Teen Movies
160,000 Uncensored XXX Teen Pics
25 LIVE "Just 18" Fuck Shows
1000+ Spycams in Toilets,
Showers, Gyno Clinics
LIVE Sex Chatrooms and Messageboards
10,000+ Swingers & Escorts Waiting online.
Erotic Teen On-line Magazines
+ much more...

I'd say that's probably 'bad faith'.

HH

Re:Bad faith? (0, Troll)

GreenHell (209242) | more than 12 years ago | (#2540541)

Tried typing in the URL that's listed in the article? It takes you to Euro Teen Sluts. FSeeing as it used to belong to a not-for-profit community organization, I'd say that's bad faith. That is of course, if the person who registered it knew the organization that used to own it, and registered it in full knowledge that people would still go to it looking for their former page. Now, if the person didn't know much about the organization, but just knew that a domain name had been allowed to lapse and then grabbed in hopes of getting the people who were planning on going to it, again, I'd call it bad faith, but well... usual disclaimer applies (IANAL)

On the other hand, if they just happened to register the doomain and had no idea it was taken before and didn't know about the organization, well, it could point to just about anything, and wouldn't be in bad faith.

Re:Bad faith? (0)

Anonymous Coward | more than 12 years ago | (#2540851)

Some one want to tell me how the hell this is a troll?

Re:Bad faith? (0)

Anonymous Coward | more than 12 years ago | (#2540892)

Crack. Lots and lots of Crack.

Re:Bad faith? (0)

Anonymous Coward | more than 12 years ago | (#2540905)

mmmmm.... crack

Re:Bad faith? (0)

Anonymous Coward | more than 12 years ago | (#2540566)

it is about money. name register want to sell the name back to the loser who let it expire.

Re:Bad faith? Go And Look at the Url, sheesh... (5, Insightful)

ackthpt (218170) | more than 12 years ago | (#2540567)

Like the subject says, the site [kdhxfm88.org] now offers porn, not exactly a service to an public FM radio station. I'd call a .org site doing that a bit of a stretch, particularly because they're using the association of the radio station to sell porn.

IIRC there's something in the ICANN guidelines about .org registers now necessarily being a non-profit, etc, etc. Perhaps someone could shed more light on this. Appeal, by all means.

Re:Bad faith? Go And Look at the Url, sheesh... (1)

Yottabyte84 (217942) | more than 12 years ago | (#2540809)

There is no ristriction on what .org domains are to be used for, but I think there used to be. Anyone feel like finding out?

Re:Bad faith? Go And Look at the Url, sheesh... (0)

Anonymous Coward | more than 12 years ago | (#2540912)

rofl! the site you are reading right now is a '.org' and it is certainly _not_ a not-for-profit. This site sold out _long_ ago and now runs stories weekly designed specifically to sell VA Linux products/services and thinkgeek computer cases. They should move slashdot over to that new .biz space.

Re:Bad faith? (2, Insightful)

mdpowell (256664) | more than 12 years ago | (#2540572)

In addition to spewing porn (and popup windows), the domain also has a link where you can basically "bid" (offers less than $500 explicitly ignored) for the domain.

Looks like bad faith to me.

If someone registered the .org of my university's .edu and did this sort of thing, I'm sure the university would either 1) cave in and buy the domain or 2) sue their bad faith pants off. This registration seems to serve no purpose other than to frustrate the previous owner of the domain and/or collect a high price for squatting.

--mdp

Re:Bad faith? (1)

ackthpt (218170) | more than 12 years ago | (#2540661)

Perhaps at least consulting with an attorney on this matter would be wise, since the new owner is missusing it and obviously trying to profit off the sale of an .org domain, I expect some damages may be worth pursuing? Perhaps someone could recommend a good lawyer or firm to do this, as some will do this work for a percentage of award.

Owner's appears to be in Armenia, but has an Idaho area code in the phone number.

Organization:
Buy This Domain
Web Master
5 Tpagrichnery St., # 33
Yerevan Yerevan 375010
Armenia
Phone: 208.978.3555
Fax: 208.978.3555
offer@NameRegister.com

Domain Name: kdhxfm88.org
Created on: 06/29/2001
Expires on: 06/29/2003
Record Last Updated on: 10/14/2001

Administrative Contact:
Buy This Domain
Web Master
5 Tpagrichnery St., # 33
Yerevan Yerevan 375010
Armenia
Phone: 208.978.3555
Fax: 208.978.3555
offer@NameRegister.com

Re:Bad faith? (3, Informative)

GreenHell (209242) | more than 12 years ago | (#2540838)

Yah... I've got the strange feeling that the 'company' which owns this domain isn't from Armenia, but rather put that there to make it seem harder to get a hold of him.

"And what makes me say that?" you ask. Well, I did a little search on google and came up with this discussion [gigalaw.com] about someone else who had (roughly) the same problem. Now... if you move through the responses, you'll find this response [gigalaw.com] which lists the contact information about the guy who owned this other domain name. Now the name of the company is different, but if we scroll down, we'll see this:

Administrative Contact:
Master, Web admin@segod.com
NameRegister.com
5 Tpagrichnery St.
#33
Yerevan, AM 375010
AM
208.978.3555
208.978.3555


and this:

Domain Auctions
5 Tpagrichnery., # 33
Yerevan, ARMENIA 335010
AM

Same address, same number, different company name... but if you keep going down, you'll find this:

Administrative Contact:
Web Master admin@segod.com
http://x.segod.com
5 Pechatnikova St., #33
Yerevan, 375010
AM
Phone- 208.978.3555
Fax- 208.978.3555

Same phone number, same zip/postal code, same street number & apt number, but different street name. Now, I'm no statistician, but I seem to think that the odds of this happening are very low to be almost non-existent. That, and the area code for Armenia is (374-2) according to a 1998 web page with contact info for a company that is located on Tpagrichnery St. Oh, and the fact that Pechatnikova St. only pulls up matches involving domains being bought after they lapsed.

So, not only does a low-life, porn displaying, domain auctioner have your domain, but he seems to be a low-life, porn displaying, lying domain-auctioner.

The price just went up to US$550 (0)

Anonymous Coward | more than 12 years ago | (#2540697)

The price just went up to US$550, it looks like someone is having a laugh !
I'm laughing too.
t.p

so... (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2540484)

Have you gone to The Fuck of the Month on www.rotten.com today? I hear it is nasty!

BAH! (5, Funny)

Narril Duskwalker (530445) | more than 12 years ago | (#2540485)

Nothing like sufing slahsdot at work and having a URL that takes you to Euro Teen Sluts on the home page.. Thanks Guys!

Re:BAH! (1)

Narril Duskwalker (530445) | more than 12 years ago | (#2540551)

Sorry for the spelling, was too busy being p*ssed off to spell check.

Re:BAH! (1)

baudbarf (451398) | more than 12 years ago | (#2540641)

Oh, is THAT what they put up on the domain?? *Whew*, I would have been in the same boat if I'd visited the link.. :)

ask nicely . (0)

mishaco (144592) | more than 12 years ago | (#2540491)

speak softly , and carry a big stick ?

i 'm sorry to say , but it seems that at least one lawyer type is going to ned to be employed if you wanna fight this one .

but , if you no longer own this domain , whats the interest in keeping others off it for their own gains ? scads of lurkers buy up " abandoned domains for their own interests . i've seen it before . [coygirl.com]

while you're at it... (0, Flamebait)

egomaniac (105476) | more than 12 years ago | (#2540501)

Why not sue the people who have your old telephone number, or your old address?

You owned the domain, you let it lapse, somebody else bought it. Sorry, game over. If AT&T let 1-800-CALL-ATT go, and Sprint picked it up, does AT&T get to sue Sprint over it? 'fraid not.

Re:while you're at it... (1, Interesting)

Anonymous Coward | more than 12 years ago | (#2540536)

They probably would sue sprint over it because the ATT part of the number is a registered trade mark of AT&T. And for Sprint to try to market its self as AT&T would violate AT&T's trademark rights.

Re:while you're at it... (1)

BrianH (13460) | more than 12 years ago | (#2540742)

Wouldn't fly. Sprint would have legally purchased 1-800-225-5288. The fact that you COULD spell ATT with the numbers would be deemed irrelevant. There HAVE been court cases over this before, and the courts have ruled that the telephone numbers ultimately belong to the issuing phone company, not to the user. Because of that, you can't sue someone for using a phone number you once used, but never legally owned.

Re:while you're at it... (0)

Anonymous Coward | more than 12 years ago | (#2540582)

not at all the same... an old location is that... a location... a phone number is nothing.... nobody is going to register kxxxfm881.org for any reason besides snagging traffic.... it's unfortunate, but in the same thinking so is whitehouse.com (pr0n site, though they recently also added some news stuff). if they can keep that site, then you might have little hope.
you can always email the owner and explain your situation.

It's a p0rn site now, with lots of auto-pop-ups (4, Informative)

vrmlguy (120854) | more than 12 years ago | (#2540509)

Looks like you're probably hosed. The p0rn site that seems to own it now won't want to let it go cheap. (1) They got it so that they could try sell p0rn to everyone who bookmarked it when it belonged to the radio station. (2) They're probably pretty happy that they're being slashdotted right now, because that's more people that they can try to sell p0rn to.

Your best bet is arbitration, since the domain pretty obviously has nothing to do with their real business.

Re:It's a p0rn site now, with lots of auto-pop-ups (-1)

anal-johnson (528597) | more than 12 years ago | (#2540650)

typing "p0rn" when you mean "porn" != clever || cool

...suck a turd

Re:It's a p0rn site now, with lots of auto-pop-ups (1, Flamebait)

Fnkmaster (89084) | more than 12 years ago | (#2540754)


typing "p0rn" when you mean "porn" != clever || cool

...suck a turd


Yeah, everyone knows it's really called pr0n.

lost the domain? (0)

Anonymous Coward | more than 12 years ago | (#2540511)

How could you lose it in the first place? Are you sure that you were using it? Get a new domain name if you can not fight it.

What to do? Go with the Ex-Sov-Block style. (0)

Anonymous Coward | more than 12 years ago | (#2540516)

Hire a 6'5" 250lb bodybuilder named "Igor" to pay a courteous visit to the squatter. A hell of a lot cheaper that getting lawyers, and ethically probably on a more solid ground, when all is said and done.

Re:What to do? Go with the Ex-Sov-Block style. (0)

Anonymous Coward | more than 12 years ago | (#2540597)

I'm the same AC as above, and now that I've actually read the story, I'm afraid that my advice, possibly funny as it was, was either a) unwarranted as the submitter seems to have been stupid and the new owner rightfully owns the domain or b) unlikely to be carried out since the submitter and the "squatter" are the one and the same person, and the whole story was an advertising stunt. if b) turns out to be true, Slashdot editors need to reassess their posting guidelines, if they even have any.

Coulda used a warning... (5, Informative)

plaisted (449711) | more than 12 years ago | (#2540529)

I for one would have liked a warning that the current owners had set up a porn site on there. The post naturally makes one wonder what is currently on the site, and some people are going to check it out who would prefer not to end up at a porn site.

Re:Coulda used a warning... (1)

bstrahm (241685) | more than 12 years ago | (#2540585)

Time to loose some mana...
At least it didn't point to goatse.cx (not adding the URL tag should prevent the loosing of one point)

Am I missing something? (4, Funny)

Rackemup (160230) | more than 12 years ago | (#2540538)

kdhxfm88.org

What the hell kinda domain name is that? hard to remember, hard to spell correctly and no sex appeal.

In all the vastness of the universe and all the possible domain names to choose from, you picked that one? Maybe it's time to let it go and find a new domain name, any lawyer looking at that one is just going to laugh and ask why you'd want it back.

Re:Am I missing something? (3, Informative)

bstrahm (241685) | more than 12 years ago | (#2540602)

kdhxfm88.org
What the hell kinda domain name is that? hard to remember, hard to spell correctly and no sex appeal.


Seems obvious to me KDHX is the radio call sign, they are located on the FM dial at 88 Mhz...

Any other questions ?

Re:Am I missing something? (0)

Anonymous Coward | more than 12 years ago | (#2540607)

maybe it's a radio station and you are unimaginative.

Re:Am I missing something? (3, Informative)

elmegil (12001) | more than 12 years ago | (#2540628)

KDHX is community radio in the St Louis area, 88.1 FM. A bright spot in the wasteland of corporate owned radio. Personally I never listened to anything regularly but the Saturday night Reggae show, but it was a fantastic show, and one I couldn't get anywhere else.

In any case, knowing the call letters and number for the station means it isn't hard to remember at all.

As far as why they need anything but kdhx.org, that is a mystery they ought to explain. I would suspect the link being a porn site has something to do with it (I'm sure it can't do much for their reputation, being considered "fringe" around town anyway), but that's really a different problem.

Re:Am I missing something? (1)

deprecated (86120) | more than 12 years ago | (#2540636)

Maybe yes. Maybe no.

FM (frequency modulation) is a mode of radio broadcast. The given frequency is expressed as a number. 88.1 for example. Compare to AM.

In the US, radio stations can be assigned "call letters". KDHX would be a typical example of these "call letters."

.org is a high level domain, for use by non-profit pornographers.

Thus, with a little imagination it can be supposed that kdhxfm88.org was meant to serve as a useful mnemonic for an FM radio station, found at 88.n whose call letters are KDHX and which may have functioned as a non-profit of some sort.

- The Nattering Pedant

Moderation: (-1, Redundant)

Anonymous Coward | more than 12 years ago | (#2540693)


-1 Asswipe


What? Did you go to Princeton, or something? Your analysis is so right on!!!

Re:Am I missing something? (1, Insightful)

Anonymous Coward | more than 12 years ago | (#2540670)

Apparently you are missing something.

This particular domain name is very easily for me to remember. In the Saint Louis area, where I am from, anyone that listens to 88.1 on the FM dial will certainly have no problems remembering this name because they hear it whenever they listen to KDHX, that great community radio station. This domain name is effective for market that it was originally targeted for.

You do make a good point however: Throughout most of the world this domain name makes absolutely no sense, further substantiating the claim that this domain was registered in "bad faith".

Re:Am I missing something? (0)

Anonymous Coward | more than 12 years ago | (#2540916)

>In all the vastness of the universe and all the
>possible domain names to choose from, you picked
>that one? Maybe it's time to let it go and find
>a new domain name, any lawyer looking at that
>one is just going to laugh and ask why you'd >want it back.

Reminds me of a SNL(or Mad?)-skit, mid/late-90's. A commercial for a financial services company, soft, reassuring music, videos of families and happy people. A commentators voice describing the history of the company, it's proud lineage, it's past success. Describing how they decided to wait until they were sure the internet was going to "catch on", and then coming online to service there customers at (paraphrasing):

http://www.doyoureallylovetoshaggcats.com

(wait for it...)

.... "because it was the only domain name left on the internet".....

Oh come on! (3, Funny)

PopeAlien (164869) | more than 12 years ago | (#2540540)

This whole story has got to be extremely clever spam from that porn-shop.. You let the domain lapse, its gone, and now the new owner has hordes of horny geeks checking it out. I'm no conspiracy theorist, but hey this is too much.

Re:Oh come on! (0)

Anonymous Coward | more than 12 years ago | (#2540573)

Real good idea for a scam. Pick a target site, register a similar domain then fake a /. post. Volia, _heaps_ of hits to your gay porn popup site.

Re:Oh come on! (0)

Anonymous Coward | more than 12 years ago | (#2540584)

Right on bud! Pope Alien 0wn3 j00l. Correct me if thats not the correct lamoid speak.

It's theirs now (4, Interesting)

Wee (17189) | more than 12 years ago | (#2540554)

You said it all: "Someone has registered a domain name that we used to own." You used to own it, didn't renew your registration for whatever reason, and it went back up for "sale". It has new owners now. Unless you have some legal claim to the name, I don't think there's much hope for you getting it back.

Back when I worked at Qualcomm, I was going to register eudora.org when it's renewal came and went unnoticed and unpaid. But I was told that I'd likely have to give it back at the drop of an even semi-legal hat (or not even: "Give it up or pack your office" would have worked just as well). I was going to use the domain for all the tech support junk, plugins, etc that didn't make it on eudora.com for whatever reason. It was going to be a community-type site, not for profit or anything. As far from "bad faith" as you can get. I was told that the intent of the site wouldn't matter and that they would almost certainly get it from me.

IANAL, but I think unless you can show that you had a claim or that your business will be hurt or whatever (think Coke registering pepsi.biz) then you probably won't be able to get it back. You could try the nice guy route, though. Ask them if they would sell it to you (throw in a 50% "finder's fee" for them) and offer to host whatever email accounts hey have for a year while they transition (careful of spamming, though). Probably won't work, but it never hurts to be nice anyway. Sadly, I think you're S.O.L.

-B

Re:It's theirs now (2)

truesaer (135079) | more than 12 years ago | (#2540663)

Unless you have some legal claim to the name, I don't think there's much hope for you getting it back.


I think that a legal claim on a radio stations call letters and numbers is pretty obvious. This is not some ambiguous name like "clearwater," its pretty specific to that one radio station.

If the person who registered it wants to start a community site to discuss whats on that station, then MAYBE they would have a chance. But really, its a porn site now. So obviously, a legal claim has a good chance.

I realy don't. (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2540558)

I hope they are not an organisation.

You already have a perfectly good name. (5, Informative)

td (46763) | more than 12 years ago | (#2540563)

You already own kdhx.org, and if that's not enough, neither kdhxradio88.org nor kdhxradio.org nor kdhx88.org is currently registered. You don't really need kdhxfm88.org, so if you forget it, the squatter will have wasted his money.

(I see that he's put a porn pointer at the address . Is that what you're really upset about? That's a different question than the one you asked. If you're a nonprofit and you can't afford a lawyer, find out what `pro bono' means.)

Lets be preemptive, not reactive (1)

dananderson (1880) | more than 12 years ago | (#2540664)

OK--the domain's lost. It was suckey anway. Since you still have kdhx.org, I suggest you renew it for the maximum term--10 years. It doesn't cost that much 10 times $35 or so.

slashdotting the squatters (3, Funny)

Kengineer (246142) | more than 12 years ago | (#2540570)

Hah, well that porn site will be slashdotted in a few seconds, so this whole discussion is really a moot point :)

Bad news (2)

clark625 (308380) | more than 12 years ago | (#2540574)

If your domain name was a trademark, copyrighted, or otherwise protected as intellectual property (shudders), then you could fight this. The fact is, though, that the domain got dropped. Everyone around here hates it, but there are companies that look for opporunities like this and "snatch" up domains as soon as they become available again.

On the plus side, if you don't do anything, the current owners will likely drop the domain in June 2003. If you can wait that long, you can be pretty sure no one's going to snatch it up again. If you absolutely want the domain back, there's a link on the current site (not the Euro Teen Sluts link) that will let you buy the domain back from them. Maybe it's worth just paying the price to get it back. I just don't know.

Probably the best thing you can do is change domain names completely. Don't ever speak of this older domain; and don't ever let any domain you want to keep expire. It would be pretty bad if mothers, kids, and grandparents went to the current site. Then again, maybe Euro Teens are what they're after...

Obvious question (1)

DeadPrez (129998) | more than 12 years ago | (#2540605)

why not just think of a better domain name to use? That one seems pretty sucky anyway. How about dropping the "88" or perhaps using a different TLD like kdhxfm88.tv?

Any particular a p0rn site would pick up your old domain? Seems like a silly thing to do to a non-profit to begin with.

YHBT.. (3, Funny)

Stormie (708) | more than 12 years ago | (#2540611)

I betcha this "0backlash0" character is actually the guy that currently has the domain registered and is running the porn site on it. He's invoking a slashdotting to get his banner ad hits up. :-)

Your post is... (1)

AME (49105) | more than 12 years ago | (#2540847)

unbelievably insightful. You obviously don't belong on SlashDot.

kdhxfm88.org KDHX88.FM (1)

Brigadier (12956) | more than 12 years ago | (#2540616)

well if your idea is to get exposer I think this would eb the best way to do it kdhxfm88.org is too long and klunky to remember as opposed to KDHX88.FM just because your a non profit doesn't mean you HAVE to have a .org TLD. you better hurry up and register it before I do and charge you double. I ran into the same thing, when I let the registration on my web page run out, last I checked it's now a porn site. grrr now my good names stained... ahh well

Simple Steps. (3, Informative)

JustJoking (535170) | more than 12 years ago | (#2540624)

The first thing you should do is send them a cease and desist letter. Send it registered, and let them know of your copyright. Let it be clear that they could be liable for up to $100,000 in damages. Here is an example: http://www.ejacking.com/letters.cfm It helps to find out if they have any other names hijacked. This works for most US citizen's who have an ounce of intelligence. If this doesn't work you need to start the process at icann. http://www.icann.org/udrp/udrp.htm

kdhxfm88.com, .net, etc are still free. (1)

onemorehour (162028) | more than 12 years ago | (#2540629)

Check register.com. It looks like the Armenians have your precious .org. Good luck fighting that international battle! It seems to me you'd be better off getting the .com version, while it's still available.

Used to own...? (0, Offtopic)

The Bungi (221687) | more than 12 years ago | (#2540639)

There's no excuse for "losing" a domain you "used to own". For a measly $70 a year. I own 6 domains, the oldest since 1997, and I would never "lose" them or let them go just because I forgot to renew with NetSol. Selling them transferring them or whatever, fine.

Rather than promoting consideration towards your cause you're just making yourself (or your organization) look rather silly, eh?

Easy! (1, Flamebait)

Zen Mastuh (456254) | more than 12 years ago | (#2540647)

We'll bug the shit out of them until they give it up. Just copy & paste this script & hack away...


while( 1 ) {
wget kdhxfm88.org
}

...or something like that. IANAL, but the script is pro bono. Behold the awesome power of 500,000+ registered slashdot users!

Re:Easy! (2, Insightful)

Fnkmaster (89084) | more than 12 years ago | (#2540765)

Bug the shit out of them? Dude, they'd just think they were getting crazy hits and then they'd NEVER give the domain back. Furthermore, these pr0n people usually make money PER hit because there are tons of links to other pr0n sites and banner ads and all that crap.


I realize bombing them with script requests would just be toasting their bandwidth, but they'd think they were getting more viewers. Best thing to do would be NOT to visit their page to discourage this sort of despicable squatting.

Re:Easy! (2)

Zen Mastuh (456254) | more than 12 years ago | (#2540828)

Yeah, I agree. After reading the other posts, I think we've all been had. This is all a publicity stunt perpetrated by Mr. Armenian 0backlash0 to get more hits for his pr0n site.

Enjoy your American dollars while they last, Mr. Armenian 0backlash0!!!

Slashdot setup? (1)

taajj (535293) | more than 12 years ago | (#2540654)

Are you sure this isn't just a scheme to get yourself slashdotted?

You didn't own it (0, Flamebait)

maX_ (46318) | more than 12 years ago | (#2540678)

....has registered a domain name that we used to own...

Just to point this out, you didn't used to own it, you rented it (or leased it as it were) from ICANN.

It's No longer yours... (1, Informative)

lscotte (450259) | more than 12 years ago | (#2540681)

Someone has registered a domain name that we used to own

If you no longer own it, then you no longer own it. Period. Whether or not it was registered by the other party in good or bad faith is irrelevant if it's no longer yours.

In other words: The original owners of the domain should have made the payments to keep it registered.

Do your homework (2, Informative)

hubbabubba (309496) | more than 12 years ago | (#2540699)

It's called the Uniform Dispute Resolution Policy (UDRP) [icann.org] . Read it, understand it, then file a claim if you still think you have grounds. You might just get lucky.

And don't mind the naysayers -- the UDRP doesn't say jack about whether or not you *used* to own the name, but it spells out in fairly clear terms the grounds upon which a challenge can be brought. In relevant part ("you" and "your" refer to the party you want to file against):

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and


(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.


You don't necessarily need a lawyer, though it helps. Maybe you can get a local IP specialist to do it for your group pro bono. It will also be helpful for you to read some of the decisions [icann.org] already made, particularly any that seem to fit the facts of your situation.

So who actually submitted this? (0)

Anonymous Coward | more than 12 years ago | (#2540728)

Either
  • The owner of kdhx.org, looking to leverage the ire of people who don't think things through, and exact some cheap abuse on someone who legitimately bought the domain after they let it expire.
  • The owner of hdhxfm88.org, who doesn't give a crap about kdhx.org, but is hoping for some mega ad banner impressions courtesy of slashdot.

KDHX is the best radio station in the country (-1)

Anonymous Coward | more than 12 years ago | (#2540732)

24 hour, listener supported, comercial free, and the best radio shows i've heard, makes me wish i was back in St. Louis. (The Linux of Radio)

I am surprised at the ignorance of these responses (3)

treat (84622) | more than 12 years ago | (#2540734)

The vast majority of the responses I have seen are saying that it will be difficult if not impossible to get your domain back. This is simply not true. The party that has the more "legitimate" need will win. Legitimate means corporate or profitable. Surely the porn-peddling domain hoarder will not be able to win over someone who controls an organization with a name very similar to the domain. Not when you consider all of the past domain disputes and how they were decided.

Re:I am surprised at the ignorance of these respon (2)

sheetsda (230887) | more than 12 years ago | (#2540772)

Agreed. Not to mention an organization which seems to have an implicit trademark on the letters "KDHX". At the very least the two names are confusingly similar, which I'm fairly certain is grounds for legal action. (Anyone know radio law? Are the call letters assigned to a station their property?)

The real story here... (1)

baudbarf (451398) | more than 12 years ago | (#2540755)

*I* suspect that the poster of this message is the current owner of the domain himself; and that he made up a story that would be Slashdot-worthy in order to intentionally Slashdot(verb) his own p0rn site; and therefore drive up his traffic and hopefully gain some income.

...sounds like something /I/ would do, at least...

Agree (0)

Anonymous Coward | more than 12 years ago | (#2540837)

That's exactly what I thought as soon as I found out it was a porn site. Give the guy credit, if that's what his intent was! Can you think of a better way to instantly generate massive amounts of traffic for zero cost? Traffic = $ as far as advertising is concerned.
This would also explain the vague original question.
Although maybe I'm getting too cynical for my own good...

So what do YOU do? (0)

Anonymous Coward | more than 12 years ago | (#2540761)

Simple ... wait.

Since you brought this up on slashdot, many people out of pure curiosity (i.e. what the heck is 'bad faith'?) will cut-n-paste kdhxfm88.org into their browsers (or type it in for text-based browsers) and wait for the page to load in anticipation. BUT, in disgust of the extremely lame pr0n site, people will go "back" only to find themselves shuffled among some pop-up banners.

This my friend, is how the individual(s) responsible of kdhxfm88.org will make money. Eventually (again, the concept of time), their number of visiters will decrease as this slashdot news brief passes away. And thus, they will get rid of kdhxfm88.org because of its ineffectiveness.

So in a nutshell, best bet would be to wait. Time is money, you know.

Why do you need it (1)

peel (242881) | more than 12 years ago | (#2540786)

I am from St. Louis and a kdhx listener. Personally I don't understand why you need the name anyway. Anytime I need to look up a playlist I go to kdhx.org. I would never have thought to go to kdhxfm88.org nor would I be able to remember all of the extra garbage when I know the station is just kdhx or 88.1. Not that the name doesn't make sense it's just not practical. Basicaly I don't really understand why this is an issue when you own the most important domain name for the station, and probably the one that gets the most traffic anyhow. On the other hand, I bet kdhx sure got slashdotted today. -peel

computers never make misttoks -- Atari 800

Things to do (1)

karl.auerbach (157250) | more than 12 years ago | (#2540789)

This kind of thing has been happening with increasing frequency recently, and in many instances the subsequent holder of the domain name is a porner trying to catch those who go to the name thinking that it's still what it used to be.

When the name previously was used for childrens materials my guess is that a case could be made that the second person is intentionally targeting children - and the existing legal system has plenty of cauldrons of boiling oil for those kinds of folks.

There are several useful resources: There's Carl Opendahl's "Considerations for innocent domain name owners"http://www.patents.com/dno.htm [patents.com]

And then there's the collection of things by Ellen Rony at http://www.domainhandbook.com/media.html [domainhandbook.com] In particular see: Pornography Takes Over Financial Site for Children http://www.nytimes.com/2001/10/26/technology/26NET .html [nytimes.com]

sorta happened to us, a college radio station (1)

johnpaul191 (240105) | more than 12 years ago | (#2540841)

even though you used to own it i think you are still out of luck. i too work at a non-profit radio station, but we are owned by a university. we have wkdu.org and a year or so ago i went to get .com and .net. unfortunately they had been registered (i pretty much just got beat out). i emailed the owner and asked what he wanted for them. he told me $20,000 or something. i explained that we are noncommercial and out annual budget is usually about $35,000. he then wanted to negotiate a price, but i stopped emailing him. granted "wkdu.???" is much less specific than "kdhxfm88.org" so they are probably hoping that 1) you have $$$$ and/or 2) your listeners will flock to a site that might be yours.
as for the legal options, what did they decide about people snagging copywritten names (like fritolay.com or something specific)?
i suggest emailing them to see what they want. i would personally not pay it when you can come up with some other valid URL. the fact that it's your old site means they should have picked up traffic from bookmarks and maybe search engines. if this is recent, then they are probably still getting hits from your old users.... so if they want a lot now, i assume it will go down later.

Not-for-profit? (0)

brechin (309008) | more than 12 years ago | (#2540856)

From what I know, all .org sites must be for not-for-profit information. Since when is the current content of the site (pr0n) not-for-profit? Aren't page views (thanks to the slashdot effect) or click-throughs by definition for-profit?

If you REALLY want the domain back, you can probably get it shut down on those grounds.

Just steal it back? (0)

tomstdenis (446163) | more than 12 years ago | (#2540868)

A DNS entry is just a line in a database. If it is found that the domain is registered in bad faith [i.e I squat your companies name and don't really provide any content on the page] why can't the DNS server owners just refuse to host the squatter?

That way the squatter can own the name, but nobody will be able to look it up properly.

Past case (4, Informative)

GreenHell (209242) | more than 12 years ago | (#2540885)

Ok, if you check out this comment [slashdot.org] you'll find out that the domain is owned by a company called Buy This Domain. And that they're listed as being in Armenia, but have an Idaho area code.

Now, I was browsing around google, and I came up with this [wipo.int] WIPO doc, dated August 14, 2001.

It deals with a case sort of like the one mentioned here, where the complaintant (sp?) let the domain lapse for some reason, and another company bought it up. Ok, so I can hear you saying "What does this have to do with this case?" Simple, the defendent was Buy This Domain (then using a different street name, but otherwise the address is the same), seems after being given the notice that the domain was going to be disputed, they offered to give it back to the original owner. That's right, they gave it back.

So, although IANAL, I'd say just begin the proper actions against them, and see if they cave again.

someone had to do it... (0)

Anonymous Coward | more than 12 years ago | (#2540914)

A.D. 2001
ruse [dictionary.com] was successful...


[explosion]
Taco: What happen??
Michael: Someone set up us the social engineering!!
Taco: Follow link. We get pr0n...
Slashdot reader: It's you!!
0Bracket0: How are you, suckers. All your hit are belong to us!!
Taco: What you say??
0Bracket0: You have no chance to retract story. Make your time!!
Taco: Take off every submission.
Michael: You know what you doing
Taco: Move every submission to /dev/null. For great justice!!


Slashdot. For great prank!!

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