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Argentine version of Google falls into “wrong” hands

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Re: Argentine version of Google falls into “wrong” hands

#121
post #86
post #51

Meanwhile, I can't even figure out how to buy domains with my name in them from people who just buy them and sit on them.

The internet's implementation of name resolving is wrong. If you type "apple.com" you should get a disambiguation page saying "Did you mean the grocery store, the record company, or the computer company?" and from there you can reach the desired website. Somewhat like how it works in Wikipedia. Unlike land, names are not a scarcity and can be shared. So why pretend they are like land?

Isn't that kind of the function of search engines?

Re: Argentine version of Google falls into “wrong” hands

#123

Earlier quoted context omitted.

Maybe...I tested your theory and asked them to reverse my recent sale of cryptocomicbook.com on the same basis and my request was declined. In either case there is both contract law and state federal law (unfair trade practices) that would support my claim in the courts if I were so inclined.

I don’t think you tested this. And it’s not a theory. If you are a large customer of your domain registrar you will get special treatment. The same is true when you have large financial stake in many things. I say this as someone who had their domain auctioned off when I was unemployed because I was too depressed to read my email and didn’t see the notice until I was out from my cave, losing a domain I owned since 19…

What I’m saying I tested is your theory that you can just ask the marketplace to reverse a transaction on the basis of your listing price being in error.

Of course I did that because I had just sold crypto comic book.com on their marketplace. And they refused to reverse my sale.

And you don’t think I did that ? Why would anyone make that up?

It’s really not on me to test the accuracy of a publicly traded company’s auction website or a seller who may or may not have priced their item in error. It would only be a moron who didn’t buy it under the circumstances, it’s not like I was responding to a Nigerian prince email, it’s a publicly traded company’s auction marketplace that claims to verify domain ownership before listing.

Re: Argentine version of Google falls into “wrong” hands

#124

Earlier quoted context omitted.

I mean, that's what judicial discretion is for. Good luck convincing a judge that the seller honestly intended to sell his domain for 1000x lower than market value.

No that isn’t what judicial discretion is. In contract law judges are not permitted to unilaterally interject their understanding of a contracting party’s intent and revise the terms of a contract, try looking up the “4 corners of a contract”. I’ll give a specific example of a buddy of mine who in 2008 (during housing bubble) used to buy foreclosed homes at auction. There was a $2-3M home foreclosed Miami Beach home…

That's not a contractual mistake though, is it?

It was an auction, meaning anyone could bid, and he put a genuine bid for $200k. Just because the system crashed doesn't mean anyone actually made a representation they didn't intend to.

A more realistic example would be the wrong house getting listed for auction due to clerical error (but one still owned by the bank). I'm fairly sure that would be set aside.

Re: Argentine version of Google falls into “wrong” hands

#125

Earlier quoted context omitted.

Took a quick glance and noticed that this article is claiming "duck.com" is owned by Google, even though it redirects to DuckDuckGo. That domain has Namecheap's Whois Guard enabled, so there's no registrant information. However, I'm still inclined to think that it isn't Google's domain since the NS records for "duck.com" point to "nsXX.quack-dns.com"...

Wouldn't it be funny if DDG was actually Google.

And if Signal was actually the NSA.

Re: Argentine version of Google falls into “wrong” hands

#126
post #75

Among other exploits, you could generate an SSL cert and harvest cookies. All visitors would have to do is load your site in their browser. Right?

Google is pretty good about pinning their certificates so it's unlikely this would work, especially in Chrome where it's locked down even further.

Re: Argentine version of Google falls into “wrong” hands

#127

Earlier quoted context omitted.

It may be worth noting that in most countries a contract essentially is established by the consensus of wills by the parties involved. An error in objecto ("I didn't mean the thing I accidentally said or listed") is a legitimate excuse and nullifies a contract. (The consensus didn't exist and thus the contract had never been established in the first place). (This is also a reason why marketplaces, where things "just…

It can be a defense in the US but not likely the case here, the remedy wouldn’t be specific performance (ie give me the domain) but damages for a fair market value of what I paid for, specific performance is very rare in the US. There would also be claims against the marketplace (despite their terms of service indemnifying them) other laws apply that can’t be waived under both federal and state law such as fair trade…

By returning your money you have suffered no damages. You're no worse off than before.

Re: Argentine version of Google falls into “wrong” hands

#129

Earlier quoted context omitted.

No that isn’t what judicial discretion is. In contract law judges are not permitted to unilaterally interject their understanding of a contracting party’s intent and revise the terms of a contract, try looking up the “4 corners of a contract”. I’ll give a specific example of a buddy of mine who in 2008 (during housing bubble) used to buy foreclosed homes at auction. There was a $2-3M home foreclosed Miami Beach home…

That's not a contractual mistake though, is it? It was an auction, meaning anyone could bid, and he put a genuine bid for $200k. Just because the system crashed doesn't mean anyone actually made a representation they didn't intend to. A more realistic example would be the wrong house getting listed for auction due to clerical error (but one still owned by the bank). I'm fairly sure that would be set aside.

Edit: sorry you were talking about my example and not the domain.

Auctions are contracts, in this case the seller (bank) agrees to accept the highest offer at the end of the expiration of the auction. So the terms are of the auction are time limited, historically the foreclosure auctions were done in person (sometimes on the courthouse steps), I’ve been at in person foreclosure auctions and the bank had a representative that ended up buying most of them (at least at the ones I attended)

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