Re: [DNS] Today's Financial Review

Re: [DNS] Today's Financial Review

From: <trent§sos.net.au>
Date: Thu, 23 Sep 2004 11:23:17 +0930
Was the quote from the Australian Financial Review inaccurate?

Chesley Rafferty wrote:

>Chris
>
>Thought your position was that you above chit-chat in
>this forum. You should have used the puppet or will he
>be on later with more links on his site.
>
>Love
>
>Ches
>
> --- Chris Disspain <ceo&#167;auda.org.au> wrote: 
>  
>
>>"Pair misled UK companies over domain names
>>Australian Financial Review (Information) Sep 23
>>Rachael Osman-Chin 
>>The man behind the scheme that misled 10,000
>>Australian businesses into buying domain names they
>>didn't need was
>>yesterday found to have engaged in misleading
>>conduct with a similar scheme in the United Kingdom.
>>
>>Chesley Rafferty, the 25-year-old Perth man behind
>>Domain Names Australia, and his associate Bradley
>>Norrish were found
>>to have tried to mislead 50,000 UK businesses.
>>
>>The ruling in the Federal Court in Perth comes a
>>week after a decision that cleared the way for
>>Australian businesses to
>>seek damages from Domain Names Australia, following
>>court action by the Australian Competition and
>>Consumer Commission
>>and the non-profit internet authority .au Domain
>>Administration (auDA).
>>
>>The court found yesterday that an employee of
>>Diverse Internet, of which Mr Norrish was a director
>>and half-owner,
>>developed a computer program to gather more than
>>2million domain names in the UK from Nominet UK, the
>>official central
>>registry for UK-based internet domain names, in
>>January 2003.
>>
>>This information was used by Internet Registry,
>>another company controlled by Rafferty, to send
>>50,000 notices to UK
>>businesses implying they were in danger of losing
>>their current .co.uk domain name unless they sent a
>>registration fee
>>to Mr Norrish's company.
>>
>>Mr Norrish told the court it was Mr Rafferty who
>>told the employee to get the mailing information
>>from Nominet UK, and
>>that he was merely passing that information on.
>>
>>Nominet UK was the complainant in the Federal Court
>>action. 
>>"It lies beyond the limits of credulity to suppose
>>that Mr Norrish, in telling Mr Gusenzow [the
>>employee] to act
>>according to MrRafferty's instructions, had no idea
>>of what Mr Gusenzow was going to do," Justice Robert
>>French said.
>>"He was not operating at arm's length from Mr
>>Rafferty."
>>
>>Justice French found the two men used the heading
>>"UK Internet Registry" above a London address to
>>mislead the
>>recipients into thinking the company sending the
>>notice was authorised by Nominet UK.
>>
>>He also found the fact that the pair were in fact
>>selling registrations of .com domains rather than
>>re-registrations of
>>existing .co.uk domain names was misleading and not
>>just a clever marketing ploy.
>>
>>On three occasions last year, thousands of
>>Australian businesses received official-looking
>>letters stating the need for
>>the recipient to protect their domain names by
>>registering one or a small number of domain names.
>>
>>At the bottom of the letter there was a payment slip
>>asking for the recipient to enclose a cheque for
>>$237 and a return
>>address.
>>
>>As with the UK letters, if recipients took the time
>>to study the letter they might have realised the
>>domain name or
>>names that DNA was proposing to register were
>>slightly different from the one their company was
>>actually using, for
>>example ending in .com rather than .com.au.
>>
>>DNA is the third incarnation of Mr Rafferty's scheme
>>in two years. 
>>A hearing as to damages as a result of the latest
>>case will be held at a later date."
>>
>>Cheers,
>>
>> 
>>
>>Chris Disspain
>>
>>CEO - auDA
>>
>>ceo&#167;auda.org.au
>>
>>www.auda.org.au
>>
>> 
>>
>> 
>>
>> 
>>    
>>
>
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Received on Fri Oct 03 2003 - 00:00:00 UTC

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