“Get hold of your ‘elf!”
Volume 1 - Issue 26 - September 18, 2001
Published every Tuesday evening
 In Remembrance of September 11, 2001 |
"When I despair, I remember that all through history
the
way of truth and love has always won.
There have been
tyrants and murderers, and for a time they seem invincible
but in the end, they always fall—think of it, ALWAYS."
—Mahatma Gandhi
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What happens, happens to us all. It is what you do about what happens that counts." —Jim Rohn |
Special Letter from a New Subscriber
Feature Article
Today’s Chuckle
Today's English lesson
Internet Tips & Hints
Guest Article
Inspiration
Etcetera
WILL POWER The star of the unconquered Will,He rises in my breast, Serene and resolute and still, And calm and self-possessed. So nigh is grandeur to our dust, So near is God to man, When Duty whispers low, "Thou must!" The youth replies, "I can." |
until it seems that you cannot hold on for a minute longer, never give up then; for that is just the place and time that the tide will turn. —Harriet Beecher Stowe |
ANSWER ME THIS, IF YOU THINK YOU CAN: ANSWER: The epistle that did not make it into our New Testament is mentioned by Paul in Colossians 4:16: "And when this epistle is read among you, cause that it be read also in the church of the Laodiceans; and that ye likewise read the epistle from Laodicea." |
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The name for the Australian marsupial kangaroo |
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Great souls have wills; feeble ones have only wishes. |
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power of "holding on" until they reach the goal. They can make a sudden dash, but they lack grit. They are easily discouraged. They get on as long as everything moves smoothly, but when there is friction they lose heart. They depend upon stronger personalities for their spirit and strength. They lack independence or originality. They only dare to do what others do. They do not step boldly from the crowd and act fearlessly. —Cuyler |
—Napoleon Bonaparte. |
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It Could Happen to You © 2001 Elena Fawkner No, I'm not talking about the warm and fuzzy movie that was
on cable the other night with Nicholas Cage and Brigitte Fonda.
I'm talking about another type of experience altogether—one of
the decidedly cold and nasty variety. You know what cybersquatting is, right? It's when someone
registers a domain name that heretofore has been someone
else's trademark, with the intent to hold the name for ransom.
Sometimes these people identify trademarks in the marketplace
and snap up the domain name, figuring that, sooner or later, the
owner of the trademark is going to want to register the domain
name and may even be prepared to pay handsomely for the
privilege. Other times, and this may be even worse, these trolls seize
domain names that have lapsed due to their owners failing to
renew them in time. When the former owner tries to renew, they
soon learn to their horror that someone else has gazzumped
them and is demanding several hundreds or thousands of
dollars to return their property to them. As reprehensible as
this practice is, there's nothing new about it, and the courts are
chock-full of cases brought by the outraged victims. But put *yourself* in the shoes of the poor person who has
unwittingly allowed her domain name registration to lapse, only
to find that "Dave Web" is now the rightful owner and wants
$550 from you to give it back. Now put yourself into these size elevens . . . not only has Dave
Web kidnapped your domain name, the very one that used to
point to the site containing all of your hard work for the past
three years, the domain name that is synonymous with your
hard-earned reputation, not only that . . . it now points somewhere
else. To a porn site. We have now graduated from "mere" cybersquatting to criminal
extortion. Not to mention criminal defamation. This, believe it or not, is what happened to Jan Tallent-Dandridge
just this week. Many of you will know Jan as the publisher of Rim
Digest (http://www.rimdigest.com). You may also be familiar with her other websites, http://www.marketingwarrioress.com and
http://www.jtdbizopps.com, although if you tried to visit the latter site
today, you'd get a rather unpleasant surprise. This is the domain
name hijacked by Dave Web. To give you the background to this sorry tale, I asked Jan's
permission to reprint her email to me: ". . . I had a domain name, jtdbizopps.com, for over two years but did not renew it. Instead I set up marketingwarrioress.com as a mirror
and quit running ads, swaps, etc. for the old name. "When it came up for renewal, I was going to renew it just to keep it from being used for a year or so, as I still had ads and link swaps out there I could not track down. "Network Solutions would not release the name to me without my
paying them $70 for 2 years and THEN transferring it somewhere
else. I felt this was ridiculous since namebargain.com, etc. are only
$10 or so a year. "I did not renew in time and when I did try, about a week after the
cancellation date, it was "in purge," to quote NS, and I would have
to wait 30 days or so for it to become available again. "During this time an individual bought it somehow and offered it back to me for $550.00. "Needless to say, I declined, number one, I did not want to USE the
name anyway and number two, that was ransom! "Well, tonight I found out that this company is parking a PORN site at that domain name and once again offered to sell it back to me for
$550.00. I feel this is obvious blackmail but not only do I not have
the money, I would not pay that ridiculous amount even if I could. "My eBook had a "live" link that was accidentally left as
jtdbizopps.com instead of marketingwarrioress.com though both
my compiler and I thought they had all been changed. "I was told off by a new subscriber who eagerly downloaded my
eBook and then clicked the link that went straight to the porn
site. I have spent the past 3 years working myself half to death,
as I know YOU know about, and now my credibility and NAME
are in danger due to this "person" using my ex-domain for this
purpose. "I know there is no way to get the name back without paying for it
and/or stopping this "person" from using it for this or any other
business, but I am hoping there is some damage control I can do
to maybe make it worth his/her/ITS while to discontinue using a
domain I can prove I had been using for over 2 years in this way
if it hurts my business or name in any way. "Sorry for rambling, but once I quit crying, screaming, throwing
up, crying and screaming some more I am now down to incoherent stuttering. Jan T-D
Marketing Warrioress and Publisher
(Rim Digest)
charter iCop member" My primary motivation in writing this article is to help get the word out about what has happened to Jan so that, hopefully, those who
do not know her will realize that she is, in fact, an innocent victim in all of this and not some nefarious person who gets her kicks from
enticing people to visit a porn site when they thought they were
visiting an internet marketing site. That said, what lessons can we all learn from Jan's experience?
Well, there are a few . . . 1. KNOW WHEN YOUR DOMAIN NAMES EXPIRE AND RENEW THEM BEFORE THEY LAPSE First and foremost, know when your domain names expire and
take steps to renew them before they lapse. As Jan's experience
illustrates only too well, there are vultures out there just waiting
to swoop if you make even one false move. There are no second
chances in this business and, until the law catches up with the
reality of doing business online, it's every man and woman for
themselves. 2. SOME THINGS COST MORE THAN MONEY The second point to note is that Jan allowed her registration to
lapse because she wanted to spend $10 rather than $35 (per year)
to renew the name. That decision cost her a whole lot more than
$25. Once your good name and reputation are cast into doubt, no
amount of money can get them back. I know Network Solutions cop a lot of flak and possibly deservedly
so, if some of the stories I've heard are true. All I know is that my
domain names are registered and renewed with them and I haven't
had any problems (touch wood). Bottom line, make sure your names are registered, stay registered
and that you use a reputable domain registrar. 3. KNOW YOUR RIGHTS => Domain Name Registrations Generally As a general rule, you can register any domain name that is not
already registered (subject to trademark considerations discussed
below). If your domain name is sufficiently distinctive, for example,
jtdbizopps.com, the bit before the .com may also be a common law
trademark (unless, of course, it's registered and then it's a registered trademark). If you DO have a distinctive domain name, then the discussion in the next section applies to you. If you don't have a distinctive domain name, however, and by this
I mean a name that is "descriptive" or in general usage, for example,
"home-business.com," then this name will be neither a common law
trademark nor a registrable trademark. In this case, once you've lost your domain name registration,
you are, not to put too fine a point on it, screwed. You don't have
much in the way of recourse other than for the "generic" legal
avenues which may well be too expensive for you to pursue.
These avenues are discussed below. => Domain Names and Trademarks On the other hand, if you have a distinctive domain name (i.e.,
one that is not in common usage), then that name is also
likely to be a common law trademark (unless, as stated above,
you've registered it, in which case it's a registered trademark.
And, if you do have a common law trademark, I would recommend
that you register it. Registration can only strengthen your
position.) The law generally sides with the pre-existing trademark owner
over the domain name holder. In addition, the U.S. has
enacted the federal Anti-Cybersquatting Consumer Protection
Act (the "Act"). Under the Act, you can sue a cybersquatter to
get back your domain name and sometimes damages to boot. So, what's actionable under the Act? Here's an extract from
the Act itself: "A person shall be liable in a civil action by the owner of a mark,
including a personal name which is protected as a mark . . . if,
without regard to the goods or services of the parties, that person— (i) has a bad faith intent to profit from that mark . . .; and
(ii) registers, traffics in, or uses a domain name that— (I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark; (II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or III) is a [registered] trademark . . ." In terms of what constitutes "bad faith," the Act provides that the
court may consider factors (among others) such as: "The person's [i.e., the alleged cybersquatter's] intent to divert
customers from the mark owner's online location to a site
accessible under the domain name that could harm the goodwill
represented by the mark, either for commercial gain or with the
intent to disparage the mark, by creating a likelihood of confusion
as to the source, sponsorship, affiliation, or endorsement of the
site; and "the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior
conduct indicating a pattern of such conduct." A common problem is identifying the culprit. In Jan Tallent-
Dandridge's case, for example, the only information about the
perpetrator is: offers@NameRegister.com Call me skeptical, but somehow I doubt that's a real name and
address. Fortunately, the Act has anticipated this problem: "The owner of a mark may file an in rem civil action against
a domain name [an "in rem" proceeding is an action against the
thing rather than against a defendant—in this context, it means
that the court can make an order in relation to the domain name
itself rather than against Dave Web personally such as ordering
him to surrender the domain name] . . . ." And as for remedies, assuming you are able to identify your
particular scumbag, these include injunctions and damages
(either actual or, in a case where your individual name is at
issue, statutory damages of between $1,000 and $100,000
per domain name). => Generic Legal Avenues Whether or not you can pursue an action under the Act, there
are a number of legal avenues open to anyone in Jan's
situation (and by that, I mean, someone who is using the
domain name to point to a site that damages your reputation). First off, let's recognize this practice for what it is. Extortion. Pure and simple. It's a crime. So is criminal defamation. Write a strongly worded cease and desist letter to the offender,
threatening to report them to the District Attorney and/or the
police and the Federal Trade Commission, as well as instituting
a civil suit. You are more likely to get a result if the letter comes
from your attorney. If the offender doesn't comply, report them. As for what action
will be taken, your guess is as good as mine but at least you've
done what you can. If you have the resources to do so, you can also bring civil
proceedings against the offender on the same grounds. The
conduct in question is egregious enough that you may well get
punitive damages awarded in your favor. Finally, and I HATE to even suggest this, the most cost-effective
option of all may be to pay what is demanded. That at least gets
the domain name back under YOUR control where it belongs. And there's nothing to stop you from turning around and reporting the individual in question to the DA, police, FTC etc. In fact, paying
over the money may be your best chance of identifying the
perpetrator so you can initiate a criminal prosecution. Of course, all of this is damage control which is a VERY poor
substitute for prevention. So go back to Item 1 and calendar
your domain name due dates to avoid getting into this mess
in the first place. --------------------------- ** Reprinting of this article is welcome! ** This article may be freely reproduced provided that: (1) you
include the following resource box; and (2) you mail only to a
100% opt-in list. (Articles are no longer being made available
via autoresponder due to large numbers of bounced mails due
to full mailboxes.) Here's the resource box to use if reprinting this article: Elena Fawkner is editor of A Home-Based Business Online ...
practical home business ideas for the work-from-home
entrepreneur.
http://www.ahbbo.com/mmp/sub.cgi?AHBBO=!FLM |
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written just as the atrocities were unfolding, and I pass it on to all of you. I could say it no better: I'm not a philosopher or a prophet, but I believe with all my heart that this is a result of this country spitting in the face of Holy God by our rejection of Him in our schools, in our government, in our homes, in our media, in our personal lives and by sacrificing our unborn children, through abortion, to the god of selfishness and greed. This is possibly the result of God Himself taking his hand of protection off this country and allowing evil to have its full sway. We have danced to the tune of evil with total disregard to the consequences, and maybe now we are "reaping what we have sown." The Scripture is clear ... When we reject Holy God and He takes His hand off us, then today we have only seen the beginning of what will continue to happen in and to our country unless the believers in this country literally make II Chronicles 7:14 a real happening in their lives. According to Scripture this is the only hope for our country. Those of you reading this email who find yourself scoffing at these words or too proud to bow before a Holy God, please allow believers throughout this country to go before Holy God for you and this country without ridicule. In fact, if I were in your shoes, I would be encouraging any Christians you know to be obedient to II Chronicles 7:14, it is our only hope. You may be thinking that these comments are over reactive to the situation, but I can assure you, it will be much better to over react at this point than to wait until a time when it might be too late. Listen to these words from II Chronicles 36:15-16, "And the Lord, the God of their fathers, sent to them persistently by His messengers, because He had compassion on His people and on His dwelling place. But they kept mocking the messengers of God and despising His words and scoffing at his prophets till the wrath of the Lord rose against His people, till there was no remedy or healing." I might also mention Proverbs 14:9, "Fools make a mock of sin and sin mocks the fools, but among the upright there is the favor of God." I hope this situation going on in our country right now will awaken a sleeping giant that will first drop to its knees, confess its sins of moral decay and rejection of the God of the founding fathers of this country, and also ask God to forgive those who have allowed our leaders to carry us down the road of total rejection of the God that has truly blessed this country. I would ask each of you to ask the Holy God of the Bible to have mercy on the United States and guide us to victory over any forces designed or intent on destroying this country. Today could be the first step toward spiritual renewal for the United States, or it could be an actual visualization of what the future holds for us, because of our continued rejection of the principles and beliefs of the founding fathers of this great country. Here are just a few of the hundreds of similar documented comments that are very representative of the beliefs of the vast majority of the founding fathers and early leaders of this country. "This is all the inheritance I can give to my dear family. The religion of Christ can give them one which will make them (spiritually) rich indeed." Patrick Henry. "I think it proper here not only to subscribe to ... doctrines of the Christian religion...but also, in the bowels of a father's affection, to exhort and charge my children that the fear of God is the beginning of wisdom, that the way of life held up in the Christian system which is calculated for the most complete happiness." Richard Stockton, Signer of the Declaration of Independence. "You do well to learn ... above all the truth of Jesus Christ." George Washington. "I think the Christian religion is a Divine institution; and I pray to God that I may never forget the precepts of His religion or suffer the appearance of an inconsistency in my principles and practice." James Iredell, U.S. Supreme Court Justice. It's very interesting that I am currently hearing on my television the very same people who have endorsed the rejection of the God of our forefathers through their programs and commentaries, asking for prayer for our country and the victims of this tragedy. In the midst of tragedy we find ourselves returning to the Source that we know is real. I hope it's not too late for those who don't know the Source! As the Christians become obedient, may God have mercy on all of us. —J.K. Baker, III |
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