is this legal? (shady domain registrations)

[Avenue]

I know someone who is registering domains for people, so that they can have personalized email addresses, but in the small print he retains ownership of that domain, so they can never stop using his email service, or they loose their email address.
This sounds a bit immoral to me, but is it legal?

 

[DanielGoosen]

I know someone who is registering domains for people, so that they can have personalized email addresses, but in the small print he retains ownership of that domain, so they can never stop using his email service, or they loose their email address.
This sounds a bit immoral to me, but is it legal?

I would say yes you can do it, but after he deletes you, create it again with someone else

 

[RSkeens]

I think it is legal (I see it all the time) but definitely disgusting moral standards.

 

[Avenue]

I think it is legal (I see it all the time) but definitely disgusting moral standards.

yeah you have to be so careful...

I found this article, where they said that you cannot retain a domain of another company- thats why im asking
http://mybroadband.co.za/nephp/6368.html

 

[Saajid]

http://mybroadband.co.za/nephp/6368.html

Whoooaaaah!!! That's the the old myBB website! I can feel the nostalgia creeping up all around me.

Nice to see a bit of the past.

 

[lordrage]

If the contract was signed, and all parties reached consensus over the details of the contract then yes it is binding.

However, a domain name is considered intellectual property (correct me if I am wrong), and as such it may be considered a trademark infringement if your business name is trademarked, you leave his service and he keeps the name. The reason I would say this is because ghost trademarks have been a problem, but when taken to court they can be deregistered. The person has to actually intend to use the trademark. My guess is that since domain names are inextricably linked to the business, it would not be held by this guy in a bona fide way, as he has no intention of using the domain name other than to extort money out of a client (assuming the client wants to leave his service).

My guess is therefore that if you got a lawyer, and took it to court, you would win, and this guy would lose (assuming the case turned on the intellectual property aspect and not the contractual aspect).

 

[SilverNodashi]

if he's delivering a service, even if it's email services, then it's most certainly not illegal. Look at the thousands of email providers around - you get an email like bob@webmail.co.za - webmail.co.za owns the domain, and it's perfectly legal.

 

[Avenue]

if he's delivering a service, even if it's email services, then it's most certainly not illegal. Look at the thousands of email providers around - you get an email like bob@webmail.co.za - webmail.co.za owns the domain, and it's perfectly legal.

What I mean is that for example he will approach bob from bobthebuilder and say hey bob, you can get your own email address- bob@bobthebuilder.co.za- he then registers that domain name bobthebuilder.co.za, sets up the email client on a server somewhere, but registers it in his name- each client has their own unique domain

 

[Optimus01]

I would guess that what ever is in the contract is binding. So if it states that the guy that registered the domain is the owner then that is that. This is completely unethical.

Apparently (and I stand to be corrected here) you will not be able to own a domain ie www.bobthebuilder.co.za unless you have a company with the same name ie Bob the Builder (Pty) Ltd.

 

[stix]

Not sure it is legal, as the contract in itself is seriously flawed ( wonder if there is anything under the new consumer protection act.

Name and shame the ****er !

 

[SilverNodashi]

was there a contract to begin with?

And if so, what does the contract say? Did the contract at all say that Bob will keep the domain "bob@bobthebuilder.co.za"? If not, and Bob signed the contract, then it's perfectly legal within the scope given.

Look at it from this point of view:

He approach Bob, and says "You can have your own personal domain, bob@plumbers.co.za", and then tell the same to Joe (joe@plumbers.co.za), Pete (pete@plumbers.co.za), Andrew, etc. If Bob doesn't know, or want to get involved with the technical details, then this guy will have a better standing if he delivers a "personalized" service to Bob, and the rest.