[RandyL712]

 www.nissan.com

www.ncchelp.org

 

[KenL]

Hey Cyber-Squatting can be quite profitable! Not that I'm suggesting that's what Mr. Nissan is up to but hey if you're inadvertently sitting on a gold mine?


Nissan Motor's will just have to change it back to Datsun to compete in the online future?

DatsunDriven...


(sounds like a KenL slogan!)

 

[RandyL712]

Let's not get this started in the wrong direction - this is nothing even remotely close to squatting. It's a company (Nissan) telling a man (Mr. Uzi Nissan) that his company (Nissan Computer Corp.) can't use a domain name he registered and used years before Nissan wanted it ( www.nissan.com )


If my name is Joe Ibm and I own and operate Ibm Motors and own www.Ibm.com and then along comes a huge company called I B M, do you think they have any right in hell to that domain name?

 

[KenL]

Quote:

Originally posted by RandyL712 Let's not get this started in the wrong direction...

Oh really? Since when has that stopped RandyL712 from going in every direction @ once?


This issue requires a little common sense. Does anyone really think Mr. Nissan is holding out for anything but more money? In the end if he chooses not to sell he's foolish but has that right. In my book that's still related to cybersquatting... just in that the early bird can sell the worm for what the market will bear? As the suffixes dilute anyway it may be worth much less later on?

 

[Otto]

Mr. Nissan is in the right. He's had the site for years for his business. If he doesn't want to sell, he shouldn't have to. This is clearly not a squatter case. He had the site YEARS before the auto company wanted it.

 

[KenL]

It all just boils down to the money. Can Mr. Nissan make more money in computer related sales to irate Nissan owners/prospects looking for car info... after they feel like they've been spam-hijacked to some pr0n site? Well his site is not exceptionally impressive... looks like some such cheesy hijacking now... if you don't linger and read the whole thing. Don't know what it used to look like. And those tacky ads? How much is he making off those hits? Likely more than selling noname mailorder computers?


Sure the legal assault may not be fair but only he can decide what's of more value to him. Take the most money and run! I'll bet Nissan.com is more associated with the Autos now worldwide?


(Just KenL's brand of common cents)

 

[markus98]

This is a clear case of non squatting.


I suspect in any normal court Mr. Nissan would win.

The UDRP, however, isn't designed to provide justice.


-$0.02


Mman

 

[RandyL712]

KenL,


I can't understand why you think this is about squatting at all, or even an attempt to make money from the domain name. He bought it, used it (still uses it), etc. It's his primary income. Nissan approached him about selling the name and he said no.

 

[KenL]

Perhaps it's because I've seen other analysis on this particular case. I think it was Big Thinkers or something. There's always two sides to every story and it's clear from looking @ that site now... sure it may have started out differently years ago (and Mman is correct about Squatter's rights) but apparently what's going on is Mr Nissan is now exploiting the Brand Name built by the auto maker (and the hits that come with that) to get ad counts on that tacky page. He has every right to do that but don't think he's winning any loyal customers from this approach from all appearances, no matter how correct he is on the issue.


I know the first time I saw that page I was just as irate as I am anytime I get miss-directed to any cheesy opportunistic spam laden site. Sure no pop-ups but... if it is still his true business site the why all the nasty unrelated spam there now?


Hey and I used to have a Nissan!

 

[KenL]

Don't get me wrong I'm certainly against excessive litigation.

 

[jvidalny]

Wow KenL,

you used "I'm" instead of referring to yourself in the third person.

 

[KenL]

Ah was it KenL or myself? Or was it I? Next thing you know we may all be suing each other for defenestration of character?

 

[RandyL712]

Hold on - exploiting? If I buy a domain name for my local gambling consortium, the xanadu friendship lottery, and some company gets HUGE and lots of people go to my website (in this case, xfl.com) does that mean I'm exploiting their name? If so, it's certainly not a reason to take my domain name away or award you damages.


It's like the other links he mentions, that don't belong to the car companies:


dodge.com

lincoln.com

mercury.com

plymouth.com


You think they don't get tons of hits because people are looking for the car companies? But they don't deserve what Mr Nissan has gotten...

 

[jimre]

Quote:

Originally posted by RandyL712 Hold on - exploiting? If I buy a domain name for my local gambling consortium, the xanadu friendship lottery, and some company gets HUGE and lots of people go to my website (in this case, xfl.com) does that mean I'm exploiting their name? If so, it's certainly not a reason to take my domain name away or award you damages. It's like the other links he mentions, that don't belong to the car companies: dodge.com lincoln.com mercury.com plymouth.com You think they don't get tons of hits because people are looking for the car companies? But they don't deserve what Mr Nissan has gotten...

You might wanna check before posting "facts" like these. Two of these - dodge.com and lincoln.com - DO in fact belong to the car companies. The other two are for businesses (Mercury Technologies and Plymouth Tubing Corp) that have NO ads on their sites and are clearly not using their domain name for grabbing advertising hits.

 

[KenL]

Quote:

Originally posted by RandyL712 If so, it's certainly not a reason to take my domain name away or award you damages.

Well that's not what I understand they were doing initially? He would be paid handsomely.


The reason squatting gets the bad rap is the whole blackmail angle. And didn't this stem from the exploitation?


What's your point about the sites you list? I see nothing wrong with those. The first two appear to actually be auto related and the last two are tasteful and don't have tacky spam.

 

[impatient]

Quote:

Originally posted by KenL Hey Cyber-Squatting can be quite profitable! Not that I'm suggesting that's what Mr. Nissan is up to but hey if you're inadvertently sitting on a gold mine?

Well. I went looking. Nissan.com/Nissan.net is really an ISP. With 180 dialin lines, ISDN, and a 39 city coverage area. Having had the domain names since 1994/1996, he SHOULD expect to be able to keep the names. This guy had Nissan.com before Netscape.com was registered as a domain.


But, since laws do not follow common sense, it will still be a coin toss.

 

[KenL]

Well so he was more than aware of the huge Nissan Motor Corp. by that time... but who could predict the scale of the commercial Internet back in '94? (well besides Mman and Jeff Bezos?) It's just that I think there are two sides to this story and who knows who to believe in all the back and forth?


I'm on the side of Mr. Nissan if he tactfully said no and then gets "sued out of his gourd". If that's what happened then he needs to get some publicly. But I'm far from convinced that was it. Common sense is not always "fair to all" nor to always "to the letter of the law".

 

[David Bott]

Ok guys....this has nothing to do with the site or Replay for that matter. Interesting topic...but not the place for it.


Thanks.