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	<title>Comments on: Kentucky is just the beginning</title>
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	<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/</link>
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		<title>By: LogicBoxes</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8648</link>
		<dc:creator>LogicBoxes</dc:creator>
		<pubDate>Thu, 02 Oct 2008 17:49:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8648</guid>
		<description>That&#039;s a wise point Richard, and might we add that it&#039;s incidents like these that have led to a surge in enquiries for our ICANN Accreditation Consultancy services from Domainers. 

Traditionally, the industry has only associated an ICANN Accreditation with companies involved in the business of selling domain names. This is probably why most Domainers don&#039;t have much information on getting/maintaining a Registrar and effectively there are a Lot of misconceptions about the same. 

The fact is that the average cost of maintaining an ICANN Accreditation comes to only US$ 6,000 and you get a pretty much unbeatable level of portfolio security and control.</description>
		<content:encoded><![CDATA[<p>That&#8217;s a wise point Richard, and might we add that it&#8217;s incidents like these that have led to a surge in enquiries for our ICANN Accreditation Consultancy services from Domainers. </p>
<p>Traditionally, the industry has only associated an ICANN Accreditation with companies involved in the business of selling domain names. This is probably why most Domainers don&#8217;t have much information on getting/maintaining a Registrar and effectively there are a Lot of misconceptions about the same. </p>
<p>The fact is that the average cost of maintaining an ICANN Accreditation comes to only US$ 6,000 and you get a pretty much unbeatable level of portfolio security and control.</p>
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		<title>By: Scott</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8616</link>
		<dc:creator>Scott</dc:creator>
		<pubDate>Tue, 30 Sep 2008 02:45:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8616</guid>
		<description>I hate to say it, but something like this has to happen to set a precedence and help form the necessary laws.

The internet is the new frontier. This exact thing happened during the original frontier.  Physical land disputes, virtual land disputes.  Same thing.

That said, I hope this Kentucky bologna heightens in the mainstream and gets destroyed.</description>
		<content:encoded><![CDATA[<p>I hate to say it, but something like this has to happen to set a precedence and help form the necessary laws.</p>
<p>The internet is the new frontier. This exact thing happened during the original frontier.  Physical land disputes, virtual land disputes.  Same thing.</p>
<p>That said, I hope this Kentucky bologna heightens in the mainstream and gets destroyed.</p>
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		<title>By: Jeff Libert</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8609</link>
		<dc:creator>Jeff Libert</dc:creator>
		<pubDate>Mon, 29 Sep 2008 21:55:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8609</guid>
		<description>Sorry to disagree but I believe these are &quot;in rem&quot; (against the thing) actions and &quot;the place&quot; where .Com domains - the &quot;thing&quot; or &quot;rem&quot; -  &quot;exist&quot; is, ultimately, in Virginia/VeriSign.  A U.S. court may not be able to reach overseas assets but in the proper case they can proceed against assets found in the U.S. I really have to disagree that using an overseas registrar is some form of ultimate protection for .Com domains. It just isn&#039;t, when &quot;the thing, itself, is here&quot;. If there&#039;s a basis for going against the thing, such as violating U.S. law, long distance nose thumbing or saying &quot;YOU have to come to US&quot; just won&#039;t fly. 

It&#039;s also worth noting that as a U.S. citizen one does have certain rights, here in the U.S.,  and a whole host of options that may not be found when one is doing business as a foreign national. 

There&#039;s all sorts of tradeoffs involved in these decisions. One should make a point of speaking with competent counsel in both the offshore nation and the &quot;local nation&quot; before making such choices. Problems can arise elsewhere, too, not just in the U.S., that involve litigation and courts and trademark claims and tax claims and . .</description>
		<content:encoded><![CDATA[<p>Sorry to disagree but I believe these are &#8220;in rem&#8221; (against the thing) actions and &#8220;the place&#8221; where .Com domains &#8211; the &#8220;thing&#8221; or &#8220;rem&#8221; &#8211;  &#8220;exist&#8221; is, ultimately, in Virginia/VeriSign.  A U.S. court may not be able to reach overseas assets but in the proper case they can proceed against assets found in the U.S. I really have to disagree that using an overseas registrar is some form of ultimate protection for .Com domains. It just isn&#8217;t, when &#8220;the thing, itself, is here&#8221;. If there&#8217;s a basis for going against the thing, such as violating U.S. law, long distance nose thumbing or saying &#8220;YOU have to come to US&#8221; just won&#8217;t fly. </p>
<p>It&#8217;s also worth noting that as a U.S. citizen one does have certain rights, here in the U.S.,  and a whole host of options that may not be found when one is doing business as a foreign national. </p>
<p>There&#8217;s all sorts of tradeoffs involved in these decisions. One should make a point of speaking with competent counsel in both the offshore nation and the &#8220;local nation&#8221; before making such choices. Problems can arise elsewhere, too, not just in the U.S., that involve litigation and courts and trademark claims and tax claims and . .</p>
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		<title>By: SKyDomains</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8605</link>
		<dc:creator>SKyDomains</dc:creator>
		<pubDate>Mon, 29 Sep 2008 19:40:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8605</guid>
		<description>This is all nce and dandy until you get the raw end from a foreign company and their is no US court to protect you.</description>
		<content:encoded><![CDATA[<p>This is all nce and dandy until you get the raw end from a foreign company and their is no US court to protect you.</p>
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		<title>By: jeff Schneider</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8604</link>
		<dc:creator>jeff Schneider</dc:creator>
		<pubDate>Mon, 29 Sep 2008 19:25:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8604</guid>
		<description>There are many powerful players that own domain names.  Everyone is running around as if its &quot;The Season Of The Witch.&quot;

Relax take a chill pill ,fear is only scary when you believe it. Yes the financial markets are in turmoil, I know I was the former Marketing Analyst for the Rockefeller Foundation, along with being a stock broker it seems like forever. 

Yes we need The ICA , but just relax and whatever you do stay put for now, with all the transfers going on things could get lost EASY. The storm clouds will eventually pass.  We ,as in all of us, are in this thing together.  There is safety in numbers.  Stay tuned , but please don&#039;t flip out, because its all small stuff.</description>
		<content:encoded><![CDATA[<p>There are many powerful players that own domain names.  Everyone is running around as if its &#8220;The Season Of The Witch.&#8221;</p>
<p>Relax take a chill pill ,fear is only scary when you believe it. Yes the financial markets are in turmoil, I know I was the former Marketing Analyst for the Rockefeller Foundation, along with being a stock broker it seems like forever. </p>
<p>Yes we need The ICA , but just relax and whatever you do stay put for now, with all the transfers going on things could get lost EASY. The storm clouds will eventually pass.  We ,as in all of us, are in this thing together.  There is safety in numbers.  Stay tuned , but please don&#8217;t flip out, because its all small stuff.</p>
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		<title>By: Bullshitwebsites</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8603</link>
		<dc:creator>Bullshitwebsites</dc:creator>
		<pubDate>Mon, 29 Sep 2008 19:11:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8603</guid>
		<description>Yikes....I am having nightmares now.

China looks good to me now.</description>
		<content:encoded><![CDATA[<p>Yikes&#8230;.I am having nightmares now.</p>
<p>China looks good to me now.</p>
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		<title>By: Too Many Secrets</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8596</link>
		<dc:creator>Too Many Secrets</dc:creator>
		<pubDate>Mon, 29 Sep 2008 16:12:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8596</guid>
		<description>@Jeff Schneider

I think that a lot of people looking that this Kentucky issue think it is just about some good ole boys and their gambling domains.

Unfortunately, this month it is a challenge to gambling domains, next month it is geodomain city.com domains and then next year it is Rick&#039;s domain portfolio!!

The goal in writing this post is to get people to think about the long term effects of this Kentucky action.  It&#039;s not over and there are many more -  larger -  challenges to come.

What happens when (go ahead and pick a company and domain name here)  IBM decides that they should own PC.COM because they invented the thing and sell them too so they go off and get a US court order granted to them on weak argument. Then they present the court order to &#039;CSC Corporate Domains&#039; who is the US based registrar on record for PC.COM and the domain is handed over to IBM without a hearing or any chance for the owner of PC.COM to defend themselves.

The owner of the domain is effectively out of business while they fight to get their domain back.

*THAT* is the issue with the Kentucky situation that is scaring the pants of many domain owners out there.

- Richard</description>
		<content:encoded><![CDATA[<p>@Jeff Schneider</p>
<p>I think that a lot of people looking that this Kentucky issue think it is just about some good ole boys and their gambling domains.</p>
<p>Unfortunately, this month it is a challenge to gambling domains, next month it is geodomain city.com domains and then next year it is Rick&#8217;s domain portfolio!!</p>
<p>The goal in writing this post is to get people to think about the long term effects of this Kentucky action.  It&#8217;s not over and there are many more &#8211;  larger &#8211;  challenges to come.</p>
<p>What happens when (go ahead and pick a company and domain name here)  IBM decides that they should own PC.COM because they invented the thing and sell them too so they go off and get a US court order granted to them on weak argument. Then they present the court order to &#8216;CSC Corporate Domains&#8217; who is the US based registrar on record for PC.COM and the domain is handed over to IBM without a hearing or any chance for the owner of PC.COM to defend themselves.</p>
<p>The owner of the domain is effectively out of business while they fight to get their domain back.</p>
<p>*THAT* is the issue with the Kentucky situation that is scaring the pants of many domain owners out there.</p>
<p>- Richard</p>
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		<title>By: jeff Schneider</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8595</link>
		<dc:creator>jeff Schneider</dc:creator>
		<pubDate>Mon, 29 Sep 2008 15:57:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8595</guid>
		<description>Sorry for the miss spell MONIKER.  OOPS</description>
		<content:encoded><![CDATA[<p>Sorry for the miss spell MONIKER.  OOPS</p>
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		<title>By: jeff Schneider</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8594</link>
		<dc:creator>jeff Schneider</dc:creator>
		<pubDate>Mon, 29 Sep 2008 15:55:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8594</guid>
		<description>We are sitting tight with monker. They know and will defend their asset base from these cybersqwatters.

This also points out something Rick Shwartz has said. They will be coming after our cyber assets fast and hard!  We need to band together to protect our cyber assets .  Anyone second that ?</description>
		<content:encoded><![CDATA[<p>We are sitting tight with monker. They know and will defend their asset base from these cybersqwatters.</p>
<p>This also points out something Rick Shwartz has said. They will be coming after our cyber assets fast and hard!  We need to band together to protect our cyber assets .  Anyone second that ?</p>
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		<title>By: vic</title>
		<link>http://www.thedomains.com/2008/09/28/kentucky-just-beginning/comment-page-1/#comment-8593</link>
		<dc:creator>vic</dc:creator>
		<pubDate>Mon, 29 Sep 2008 15:37:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=1064#comment-8593</guid>
		<description>@Richard

re:&quot;Does Visa stop foreign banks from processing internet gambling transactions by non-US companies, done outside the USA? Nope.&quot;

Your are correct .. the key fact in that statement being that the transactions come from OUTSIDE the US.
I specialize in setting high-risk merchant accounts  so I&#039;m pretty well versed in this area.  Both V and MC  will allow transactions from anywhere else in the world but NOT from the US - even if the gambling company is a non-US corp, hosted offshore etc etc.  No bank (domestic or foreign) can allow US transactions in a normal gambling coded account.</description>
		<content:encoded><![CDATA[<p>@Richard</p>
<p>re:&#8221;Does Visa stop foreign banks from processing internet gambling transactions by non-US companies, done outside the USA? Nope.&#8221;</p>
<p>Your are correct .. the key fact in that statement being that the transactions come from OUTSIDE the US.<br />
I specialize in setting high-risk merchant accounts  so I&#8217;m pretty well versed in this area.  Both V and MC  will allow transactions from anywhere else in the world but NOT from the US &#8211; even if the gambling company is a non-US corp, hosted offshore etc etc.  No bank (domestic or foreign) can allow US transactions in a normal gambling coded account.</p>
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