Public Benefit Nominet EGM

Update on Fasthosts/Nominet domain transfers

Discussion in 'Nominet General Information' started by DomainAngel, Sep 18, 2020.

  1. Ben Thomas

    Ben Thomas Well-Known Member

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    Well, my conscience is clear. My standards are my own. I didn't partake in this little loophole and I don't think doing it 10 times is "good intent" lol. But whatever. It's your funeral, brother.
     
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  2. Domain Forum

    Acorn Domains Elite Member

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    articles.co.uk
     
  3. DomainAngel

    DomainAngel Retired Member

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    Already answered this, and each time a couple of domains were added support was asked time and again. Whole process was done very quickly and random names chosen.
     
  4. Ben Thomas

    Ben Thomas Well-Known Member

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    Imagine if we applied this logic to real life. You're saying you did it, because a 3rd party said it was ok. Guess I can nip down to the bank and take money out of the vault because my 12-year-old sister said so? Sweet.
     
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  5. DomainAngel

    DomainAngel Retired Member

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    Fasthosts along with lots of other registrars exercised the rights of the .uk for their co.uk registrants. When the 5 year period ran out shortly after, the registrant had no right to the .uk, the registrant of the co.uk in many cases did nothing to take control during this grace period following the ror deadline by the extension, they also made no payment and made no agreement with fasthosts for the .uk and no agreement with nominets terms, so in fact they were not the legal registrant at all, merely the name added to these fields to be held with nominet.

    So how can fasthosts and others give back the domains to a not legal, legal registrant?
     
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  6. Ben Thomas

    Ben Thomas Well-Known Member

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    Suppose you do make a valid point.
     
  7. armistice

    armistice Active Member

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    That is completely wrong because the .uk was registered to the .co.uk owner during the ROR period. The only legal registrant of the domain at the time fasthosts registered them was the rights holder (in most cases the .co.uk owner).
     
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  8. DomainAngel

    DomainAngel Retired Member

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    Registered without their consent, so technically they have not entered into any agreement with fasthosts or nominet as required for every domain registration.
     
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  9. anthony United Kingdom

    anthony Well-Known Member

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    You are right on this, as there was no 'consideration' involved. Unless those people handed over any money, then no contractual right exists. That's a pretty well understood part of contract law.
     
  10. signature

    signature Well-Known Member Exclusive Member

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    They have entered into a contract with Nominet even if they have no knowledge of it. The only entity with legal interest to the .uk domain name apart from Nominet during the ROR is the current .co.uk owner or which ever is in the extension is entitled to it.

    When Registrar like Fasthost create the .uk for the .co.uk registrant, they have entered them into a legal agreement with Nominet and partially with agreement with Fasthost for facilitating the registration.

    Even when the registrant have no knowledge of the names were registered on their behalf, even if they don't want the names, they are the legal registrant.
     
  11. signature

    signature Well-Known Member Exclusive Member

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    Its free registration, that's why Fasthost were able to mass registered all those domain names.

    You don't have to pay for domain to enter contract with Nominet as the domain owner.

    A domain name registration contract is between Registrar, Registry and Registrant. The only part of the contract that involve the Fasthost is the facilitating of the domain registration, the main contract is infact between Nominet and the registrant. A registrant can move their domain away from any registrar without their consent. We don't operate a lock like other registry/registrar does.
     
  12. domainseller200 United Kingdom

    domainseller200 Well-Known Member

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    Here’s a thought.

    Say someone built an “illegal” website on one of these said names, what then? Are they legally liable for the consequences, even though they didn’t know about it? Are Fasthosts? Who is?

    Surely that can’t be correct, because if it was, it would be easy to register a domain to Joe Bloggs without their knowledge and no digital trail, set up a scam website, make money and then disappear, whilst leaving Joe Bloggs liable for the mess as they were the “legal registrant” ?
     
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  13. DomainAngel

    DomainAngel Retired Member

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    Not in England & Wales you can't unless acting as an authorised agent which was not the case here.
     
  14. signature

    signature Well-Known Member Exclusive Member

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    Yes, I can register a domain name build a website on your name and do fraudulent activities with it and the authority will come for you. You will need to prove its not you who register and create the scam.

    The trail of how the payment was made, IP addresses, etc will confirm its not you but you will be questioned in the first place. You will have a bigger problem if I have your identity docs and payment information.

    Fasthost have no legal rights to register the domain names on the registrants behalf without their knowledge, I am still baffled how Nominet allowed it, because for every .UK names there is a contract between the registrant and Nominet. This is not an interpretation, this is the fact.
     
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  15. signature

    signature Well-Known Member Exclusive Member

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    If you meant they cant enter into a legal agreement on behalf of the registrant, yes they cant but they did. The same Nominet terms for registering the domain names applies and this is why I don't understand why Nominet allow it to happen in the first place.
     
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  16. DomainAngel

    DomainAngel Retired Member

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    To anyone who can be bothered looking at all the threads and understands the facts, there is nothing more to say on this matter now.

    However one thing I would like to do is to apologise to @susannah , having seen the charlie posts and knowing about the fasthosts and other registrar so called loopholes, I added two and two together without having any proof at all and suspected she may have done the same, if this led to any idiots being horrible i apologise.

    It was not my place to do so, yes we all should callout practices we see and want looking in to, but we shouldn't let things get too personal at least until all facts are public and even then proportionate to the act, yes she was standing for NED which did propel my own interest in this and I would have liked an explanation myself, but business is business and we had no right to the information.

    I guess I just jumped to conclusions and it was her prior honesty and kindness that made this look so bad, when in reality they were baseless with no facts other than the loopholes available and speculation, its maybe the case she has been the victim of buying one of these domains from a third party and she had no clue about the loophole as I had not published it at that time.

    I can deal with my problem acorners down the legal route, but what is the victim of abuse and bullying to do? There is no place for it in society and unless you have walked in someone else's shoes, you can never know what harm it does. I see her silence as a strength now, as I have been posting like crazy trying to change people minds when they didn't have a mind to change and it only causes pain, if someone has decided that's that no matter what the facts are, its like talking to a brick wall.

    Yes NED, her statement has been made, you have all dealt with her in the past and been more than happy, make your vote according to that, if it turns out that things were amiss and you've voted for someone who didn't deserve to be there, then there will be no change as that's pretty much after most NED elections :D
     
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  17. LCHappy United Kingdom

    LCHappy Active Member

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    Fair enough, reporting this to the cops on Monday. Got friends who will push this along the right channels. Will also put Nominet on notice on Monday that there is to be a criminal complaint against an accredited member that they have so far ignored. Let's see if they reconsider your membership status.

    You are in a big glass house and for some reason seem intent on throwing stones.

    Best of luck
     
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  18. DomainAngel

    DomainAngel Retired Member

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    When you say you have fiends who will push this along the right channels, what do you mean?
     
  19. Pedigree United Kingdom

    Pedigree Active Member Acorn Supporter

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    @DomainAngel , I am not sure if this has been covered in this thread or the other one (I didn't see it, so sorry if it was,) how did you discover the loophole? No problem if you can't disclose, I was just wondering if you were tipped of or discovered it yourself?
     
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  20. Ben Thomas

    Ben Thomas Well-Known Member

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    It’s a fucking shambles. That’s all. There’s no bullying. As I mentioned, it’s a shame she is the one in the limelight as plenty of other people dipped their hands into the pot too.
     
  21. starbird United Kingdom

    starbird Active Member

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    quest.uk looks to have renewed but it shouldn't because it was past it's drop date. I can't see any more info such as if same registrant etc but that one should have dropped. Still on fasthosts holding servers. Doesn't matter if original registrant they would have missed their chance had this carry on not happened so it should drop not be allowed to be renewed.