Companies that register the names of websites can be held responsible for wrongly transferring their ownership, a US appeals court has ruled. The judges rejected an appeal from Go Daddy, a domain name registrar and web hosting company, after it had argued that a court had been wrong to rule that it was responsible for handing …
They Killed The Elephant...
...so now they forget stuff.
In fairness to the call center employee, I am surprised they can concentrate on anything given all that unclad boobage hanging out.
reckless or intentional conduct is not sufficient ...
to justify the imposition of punitive damages.
Good god, what does GoDaddy have to do? Shoot the legitimate owner?
GoDaddy were going to be my registrar, not any more.
Seems like a reasonable result to me.
GoDaddy really cocked up here. The judge stomped on their attempts to hide behind unreasonable contract terms, and found them liable. The Eysoldts will be able to recover any actual losses incurred and should be able to recover their legal costs.
The only thing the judge didn't award them was punitive damages. I can see how he arrived at that decision since there wasn't a deliberate intention to harm the Eysoldts, even though harm was caused by reckless and intentional conduct.
As an analogy ...
If I lose control of my car and drive into your property then there was no intention to cause damage even if the driving was reckless. I'd be liable to put you back in the position you would have been in immediately prior to the damage. That may mean repairing it (or paying for repairs), or it may mean compensating you for non-repairable damage.
On the other hand, if I get in the car with the specific intention of damaging your property by driving into it, then I believe that would probably result in a successful claim for punitive damages in addition to the restoration outlines above. The punitive damages are over and above the normal liabilities and are there to act as a punishment and deterrent.
Message to Register forum moderators
I like the new icons but the 'thumbs up' and 'unhappy face' still lack antialiasing around the edges.
This makes my eyelid twitch
Does the presence of only one icon on lines 2 4 and 6 mean that there are more icons to come?
..hair and beard growing back in.
how stupid do you have to be to still have GoDaddy as your domain registrar?
Not telling the whole story perhaps?
I've been using GD's services for quite some years now and so far they have never failed me, I'm very pleased with the service and all the extra's which GD provides. And if there's one thing I learned during the past years its that GD takes privacy and security /very/ seriously.
Example: To my knowledge GD is one of the very few SSL certificate provides which invalidated and re-issued /all/ certificates which were created with OpenSSL on Debian (-like) environments when the "debian openssl disaster" struck in 2008. Almost immediately after it became public knowledge...
I think there's more to this story which isn't being told. No way that you can "just" take over another account /unless/ you have insight information to that account. I could imagine that Jeff may have added Ruth as an account executive (gives control over some of your products to someone else) or maybe they shared the login credentials for the account itself.
The reason I suspect something like this is because the GD helpdesk guy didn't so much help Ruth to get control over the domain but over several (all?) products which were registered under Jeff's account. I have done something quite similar recently when taking over several websites of another company. However; in order to do this I still needed to have access to the other account itself.
So I can't help wonder if Ruth didn't have insight information. Either the credentials itself or information such as pincode and such. It wouldn't be the first time that courts make very weird decisions on IT matters simply because they have no clue what is going on.
Bottom line; this has in no way damaged or changed my opinion on GD. IMO still one of the better and more honest registrants out there.
How could they not know?
How could GoDaddy not have known that what they were doing was wrong when they did it? if not malice, they were clearly guilty of reckless indifference to the interests of their customer when they transferred all of their domains to somebody else without bothering to see if the current owner wanted this done or if the person requesting the change had any right to the domains. IMO the punitive damages should have stood to remind GoDaddy, painfully, that what they did was wrong, wrong, wrong, and that it's not a good idea to do it again. I own one, small vanity domain. It's not with GoDaddy and at this point, I'm glad of it.
There's a lesson here for everyone
Never, EVER start a commercial website without being sure you control the domain name. Possession is 90% of the law. Trust me, I've seen this kind of problem too often.
I got a thumbs down for that?
Go ahead, build a website: tonysbar.freewebprovider.com then see what happens when Tony's bar becomes the most popular nightspot in the town.
Good luck with the legal fees.
I had one problem with GoDaddy
...a couple of years ago, when I noticed that one of my websites wasn't available. I checked, and I had no trouble accessing anything on the web except my website and the others I was hosting.
So, I tried to log in with SSH - I got "server not found". I wondered if there was anything on GoDaddy's website, but it was inaccessible too - that's often a sign that lots of customers are having trouble - for a while, and when it came up said nothing about any outage.
My websites came back up after a few hours, but I looked in vain for any announcement from GoDaddy. I e-mailed customer service. They responded with some helpful instructions on how to use a web browser, and how to make sure your computer was connected to the internet. I'm not sure how they thought I was going to read it if I was offline.
I tried again, and this time I got through the automated layer to elicit a human response which, basically, denied that any outages ever occur.
I gave up there. The sites were working again, and as far as I know, they've continued to work ever since. I have no plans to change. Sure, their customer service is crap, but whose isn't?
I had problems daily at exactly 12pm (so lunchtime rush I guess). Email timeouts and cant send or receive until early afternoon, this happened everyday! Tech support are a joke and deny anything is wrong. They ask for ping trace routes when its obviously capacity issues. The support forums have various email complaint threads that dont get sorted, whatever happened to server monitoring and capacity management?
I've now transferred away from them, agree with the other comment to keep domain names separate from the web host. It might cost £1 more a year but you can quickly repoint your site somewhere else if you need to without the pain.
IMHO GD has "Blanked" DNS entries for far too many snowshoe servers and spam sites to be considered a reputable DNS provider. They also dont seem to take any action about reported spammers.
I now have a mailfilter check that bounces email with GD hosted links. When in test I could not see a single FP - every GD domains was a spammer or phisher.
So, for me any business that uses GD is either a spammer, phisher or just does not care about thier reputation - we used GD about a decade ago and got out just before they lost all credibility.
Fault of to much regulation and dumbasses...
Rejuvenate Aesthetic Laser Centres should have registered their domain under their own account.
Instead they let a "web master" register their domain, then when things went sour they attempted to insure that they got ownership of their domain. The "web master" probably put their information as the whois information.
As they were able to prove that they were a busines, proved that they were the rightful owners of the domain, godaddy turned over the domain name login details, possibly not realizing there were other services on the same account.
If someone can prove that they own a domain name, or heck just prove the domain is breaking copyright, they are pretty much required to turn over the domain.
I know GD is serious about secuirty, as it took over a year to get ownership of a domain for one of my clients after the previous "web master" signed up their domain under the "web designers" account.
Web designers need to learn to do the same as I do, anyone whom I build a site for gets THEIR OWN godaddy account.
The one fault here for GD, is that they should have created a new GD account for Rejuvenate, moved the domain to that account, then gave them that account login.
Personally, I work handling a lot of domain stuff for the company I work for, which registers domains , and thats how I handle things.
(Yes the company I work for is a domain registrar, but I use GD for extra features/price for my domains and my personal clients domains, hence AC)
GoDaddy is a disaster . . .
I got on with them when they first started. I had a division of my company in Phoenix and they personally solicited our business. Since they have wiped out our master accounts many times, saying it wasn't their fault. When clearly it was. Two years ago on Halloween, the DNS addresses on over one hundred of our URL's across several account all got reverted to theirs all at the same nanosecond. Once clients started calling telling use their sites were down and we figured out the problem quite quickly, GoDaddy insisted that I changed all of the DNS's. Once the time stamps were pointed out to them, then they said I had a team of hackers scattered all over the world that did it. Please. Needless to say we lost a ton of business that day and at that time I decided to sell my company and get out of the business. I have never been so relieved to get rid of something in my life.
Plus Parsons and his out there opinions, over board obnoxious enforcements and pornesque posts on there site. The guy has surely lost it. I here that the company is up for sale for over 1B, that's BILLION dollars. He won't get that for a fixeruper.
Don't particularly care for their support model.
It's powered by hate.
Go ahead. Try to get one of their supportniks to take ownership of a case. Every single email they send effectively closes the case. You have to login and get a new person each time, and each one is more stupid than the one before. There's no such thing as a reply to an email with additional information.
In Godaddy's defense, the guy probably ignored the "we did a bad thing, let's put it back" message -- after all, that's what they do with every response to their case.