Domain Ransom

lucifersangel87

Hi,

Just looking for some advice on where to go with this. I was the developer of a website (amateur developer) for the not for profit Touring Caravan Club organisation.

When I went into full time work in 2009 I handed control of the website back to the club. They then took on a "friend of a friend" of a former member to carry on the website.

The web liaison for the club at the time handed over the EPP codes for the two web domains touringcaravanclub.com and touringcaravanclub.co.uk, for which the new developer quickly changed the WHOIS information.

This is where the problems really start. The website developed was nowhere up to the standard for what he was being paid. He failed to ensure it was a secure site and it soon got attacked and emails went to all and sundry via spam bots that attackers got into his code via XSS attacks.

Anyway, long story short, they refused to pay his invoice until it was sorted. At which point he took the site down and hosted it with an empty page, thus losing potential new customers/members.

I was drafted back in again to start development which I have done under touringcaravanclub.org.uk domain (which is obviously more correct for a NFP). However, we still have these two other domain names floating out there doing nothing.

Once we requested them back he fired a list of angry emails at us. Taking a neutral side we offered to try to come to some sort of arrangement regarding the final invoice in exchange for a comfortable parting of ways and the handing back of our domain names.

His response was (to paraphrase):
I don't care about your club or your membership you can rot in hell. I want £1000 or you can't have your domain names back.

Now, I have spoken to the domain registrar but because he changed the WHOIS so long ago they can't do anything about it.
Because he was a friend of a friend of a member, I don't think there was any contract laid out (or at least not one we can find).

Short of calling in the police for fraud/embezzlement (of a domain name if that is possible), what are our options?

At present we're concerned that his attitude is growing so vicious that he could host absolutely anything in our name on the .com or .co.uk web addresses.

Is this one where we need to call in legal representation? Because we can't really afford to do that as a small NFP organisation running hand to mouth.

Thanks in advance for your help

Fightsback

This is complicated and a legal quagmire depending on who said what and various authorisations.

The zero cost option to start with:

If I were the club (or representative) I would approach the police with the complaint that the web developer allegedly appropriated the domain names without permission and is holding those domains as property which he seeks to permanently deprive the club of their property and thus theft.

The police may consider this a criminal matter or may suggest it's a civil matter. If the police do decide to pay him a call then that may be enough to get him to transfer the domains.

NB this is entirely a personal opinion only and does not constitute legal advice.

esuhl

^^ I'd also go to the police first. I doubt they'd help, but it's worth a try.

Otherwise, if you think you have enough documentation/evidence to show what happened, get some legal advice and sue him in court.

Even if there was no contract to determine his obligations and pay, he can't just take your domains.

kwikbreaks

If the other domain formats have no content so are having no impact on your new .org domain rankings than I'd take the far cheaper and easier option of doing absolutely nothing. I seriously doubt the police would do anytunig at all and as soon as you start talking about leagal options you'll be needing to dip into your pockets. Possibly quite deeply with no good outcome.It's a pity you stirred the waters by making any contact imo.

baza52

looks like the domain will need renewing on September 1st.
If he does not pay to renew the domain you could re register it.

forgotmyname

How long does it take before you can register a domain thats just expired?

I have had sites that i lost interest in and it was still active for a while after the renewal date. At what point could someone buy it?

Fightsback

kwikbreaks wrote: »

I seriously doubt the police would do anything

Not necessarily read this article however it may help to start with if you are a Freemason, a police officer or the relative/friend of a police officer it would appear:

http://www.telegraph.co.uk/news/2016/07/17/toy-car-collector-arrested-and-held-in-police-cell-for-four-hour/

The onus here is for X to prove that they had the authority to appropriate the clubs property into their name and not the other way around. However someone at the club may have verbally given this when he was engaged so then it becomes word against word.

kwikbreaks wrote: »

If the other domain formats have no content so are having no impact on your new .org domain rankings than I'd take the far cheaper and easier option of doing absolutely nothing.

Agree 100% and this would be low cost option number 2 if option 1 failed, as long as he isn't doing anything other than sitting on then just ignore as given the lack of written contracts it could be messy requiring expensive court proceedings and only lawyers would walk away smiling.

It's all down to opportunity cost and the best use of peoples time and resource within the club.

bod1467

I presume the club had backups of any databases and member details? (I'd expect they'd be needed for the website on the new domain). Does the other person still have such details, and does this pose any risk?

AndyPix

Perhaps you could arrange for the whole caravan club to turn up outside his house and set up camp until he gives you the credentials !!


joke obviously, but im afraid there isnt much you can do really - especially anything that will happen quickly


Was he part of a company, or just a freelancer cash in hand type ??

kwikbreaks

@Fightsback

If I had the domains and got a visit from the police about them I'd make very sure that the alternate domains redirected to twogirlsonecup, meattwirlers, or similar rather than being blank pages. I doubt it would come to that though as I suspect it wouldn't get that far - it's been made very clear that the domain registration was transferred some time ago and there was no complaint at that time.

Fightsback

kwikbreaks wrote: »

@Fightsback

If I had the domains and got a visit from the police about them I'd make very sure that the alternate domains redirected to twogirlsonecup, meattwirlers, or similar rather than being blank pages. I doubt it would come to that though as I suspect it wouldn't get that far - it's been made very clear that the domain registration was transferred some time ago and there was no complaint at that time.

I suspect he'd just back off however if he chose to go down that path then that opens up other avenues in the plaintiff's favour. Just because the domains were transferred a while ago, if it wasn't officially authorised (crucial question) then it makes it no less of a crime to misappropriate another's property.

It just depends if the club do want the domains back or are prepared to walk away. Their call.