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§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§auda.org.au >> >>www.auda.org.au >> >> >> >> >> >> >> >> > >Find local movie times and trailers on Yahoo! Movies. >http://au.movies.yahoo.com > >--------------------------------------------------------------------------- >List policy, unsubscribing and archives => http://dotau.org/ >Please do not retransmit articles on this list without permission of the >author, further information at the above URL. > > > > > >Received on Fri Oct 03 2003 - 00:00:00 UTC
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