The Sedo - .mobi MTLD auction - Music.mobi conspiracy?
- By Constantine Giorgio Roussos
- Published 12/6/2007
Hello everyone!
Busy day meeting up with lawyers about this whole Sedo mess.
First thing in the morning I called Sedo up in the East Coast and I explained the situation to the person in charge of escrow/transfers and asked to talk with Schumacher the company CEO. He said he can not do that directly and that I could speak to the supervisor. Well guess what? The supervisor NEVER answered the phone. I left a voicemail underlying all my points and that I will be investing $600k in legal fees and advertising in not only getting Music.mobi back via multiple lawsuits, I would go for punitive damages and also bring justice to all the bidders who who won their original auctions to wake up the next day to find out they actually lost.
I was OUTRAGED to find out that a SEDO representative sent me an email. Here it is, public for everyone to see:
----- Original Message -----
From: Jay Finnan <jay@sedo.com>
To: Costa
Sent: Wednesday, December 05, 2007 1:37 PM
Subject: mp3s.mobi
Hello,
I was speaking to the owner of mp3s.mobi. The auction that closed today has them interested in selling their domain now. If you are interested in acquiring the name the owners would sell it today for $500,000 USD.
If you’re interested please let me know.
Best regards,
Jay Finnan
Brokerage Team Leader
Portfolio Sales Manager
--
Sedo.com, LLC
tel +1 (617) 499-7237 • fax +1 (617) 499-7203
http://www.sedo.com • mailto:jay@sedo.com
My response was one of outrage and disgust since my proxy of $611k was output by some random bidder who was never even involved in the original auction. The intent was clear. SEDO wanted MANIPULATE the situation and my $611k proxy bid to make more money on my situation. I told them I would not buy the domain for even $300 and that they make me sick asking me to buy a CRAPPY domain for $500k which leads me to believe that they had insider information and that they manipulated the system to INCREASE the value of the .mobi auctions.
OK here is the conspiracy and actions that lead me to believe that this was a bigger scam than the .eu - As one would say they EnronSedoed or EnronMTLDed me.
1) They hold the auction and anticipate high demand. They decide not to increase their server size so that the loading times are slow. They even adjust their server settings at the 5 minute mark for lower processing times. They KNOW that there will be a lot of traffic in the last 10 minutes so they stipulate users would construe the traffic and server slowdown as "natural"
2) The time runs out. The winners are declared but they look at their TOS and decide they can abuse the original SEDO bidders so they can extract further monies. I know they would not redo the auction is my DSL connection was slow. They claim that the servers crashed (in actuality the servers did not crash - they just has the SLOWEST loading times. There is a difference between a computer crashing and a server being slow. The server was the SLOWEST. By the way, I videotaped the last 15 minutes of the auction which in essence proves that the servers did not crash, but they experienced slow loading times.
3) They move into strategy 2. They decide to create a hyped up environment to show to the world that the .mobi auction is going nuts and that the bidding is astronomical. There is SOO much demand that the servers crashed. Emails are sent by BOTH Sedo and the MTLD (Yes both - they leveraged their email lists to the maximum). New bidders read about it and get excited about the .mobi domain due to the artificial hype. Yes, this is where the music.mobi Bidder 13 and 14 who had no bids in the original Music.mobi auction come and start jacking up the prices, moving towards my $611k proxy. At this moment I am seeing my final win from $66k go to $616k. Other bidders experience the same thing. Others are sleeping or out celebrating the fact that the won. Later they will find out what has happened.
4) Sedo decides to add 2 hours to the bid so they can maximize the exposure of their email sending as well as invite new users. MTLD even starts posting on domain forums to alert everyone of the hype. I have this directly from one of the heads of .mobi MTLD Caroline Greer:
Dear Costa,
Thank you for your email and we are sorry for your disappointment.
Sedo extended the auction by three hours in accordance with its auction terms and conditions. Every effort was made to contact bidders in the auction and additional outreach efforts were made via blogs, web site posts etc.
Please contact Kate Donaghue from Sedo (copied on this email) if you need further clarity on Sedo's auction terms and conditions.
As regards the winning bidders, I have yet to see the list and we are unable to comment on bidder identities without the bidder’s explicit consent. However, I can assure you that dotMobi’s terms and conditions regarding site development apply in all cases.
Kind regards,
Caroline Greer
Director, Policy and Industry Relations
dotMobi
11 Exchange Place
IFSC, Dublin 1, Ireland
+ 353 87 1234244
Yes people, the MTLD did POST-AUCTION advertising. Yes, the head clearly stated in an email: "additional outreach efforts were made via blogs, web site posts" - WOW what a way to create some additional buzz and entice new bidders and jack up the price of .mobi
5) I did not receive a call back from the CEO Schumacher. However I did receive a call from the SEDO lawyer called Sharon. They obviously know what they did was fraud and would undermine their credibility. I can not believe that all the CAroline Greer's of MTLD and execs at Sedo are feeling good about themselves. This was a well thought out scheme. Even if the servers became slow due to excessive bandwidth (note the servers did not crash - their terminology was incorrect - a server expert told me that crashing and slowing down are 2 different things and would show 2 different results on your screen), it gives SEDO and MTLD no right to do all the things that transpired. And WHY did they add 3 hours? (Wait I thought it was 2 hours and then 30minutes extra - Caroline get your facts straight - SEDO did not follow your instructions very well about that additional 30 minutes huh?).
6) I have spoken to 10 attorneys today. yes very busy day. They are salivating over this case. And I mean salivating. Hey, they even said, if Sedo's attorney called you it means they have done something wrong and dont want anyone opening their mouth and saying something that will haunt them. I feel sorry for the one guy who thinks he won the top names. Dude, I assure you that in the class lawsuit I am filing (http://mobi.music.us), the MTLD's premium auction conditions will be included: equal distribution and RFPs. By definition you can not have all those domains. It is against MTLD policies. Wait EnronMTLD I mean.
By the way, I am pissed especially since I had a whole strategy on pushing the .mobi domain through a killer site which launches next year (3 years of development). Caroline Greer and the MTLD REJECTED my RFP claim since 2006 (yes I have been enquiring for that domain since 2006). By they way I do not own ANY .mobi domains. If I own one, I SHALL develop it. That is the goal. UNlike the fake high bidder who is too busy showing off his world record. I have one thing to say buddy. It is fake. My proxy of $611k must be retracted to reflect the REAL price of the domain. $66k. I will NOT assist some random domain-seller a-la-domain-king into showing off that he spent $616k. It is void buddy. I asked Sedo to retract the proxy bid of $611k. So dont send a wire transfer of $616k. Tell them I said I retracted my offer and that you should not be paying that. Even if you pay, they are still liable for damages. I hope they return your money when I get the domain back. Because i will. And so will all of you. Justice will be served.
P.S My attorney handling the case in the US is NY lawyer Paul Farkas Esq.
Busy day meeting up with lawyers about this whole Sedo mess.
First thing in the morning I called Sedo up in the East Coast and I explained the situation to the person in charge of escrow/transfers and asked to talk with Schumacher the company CEO. He said he can not do that directly and that I could speak to the supervisor. Well guess what? The supervisor NEVER answered the phone. I left a voicemail underlying all my points and that I will be investing $600k in legal fees and advertising in not only getting Music.mobi back via multiple lawsuits, I would go for punitive damages and also bring justice to all the bidders who who won their original auctions to wake up the next day to find out they actually lost.
I was OUTRAGED to find out that a SEDO representative sent me an email. Here it is, public for everyone to see:
----- Original Message -----
From: Jay Finnan <jay@sedo.com>
To: Costa
Sent: Wednesday, December 05, 2007 1:37 PM
Subject: mp3s.mobi
Hello,
I was speaking to the owner of mp3s.mobi. The auction that closed today has them interested in selling their domain now. If you are interested in acquiring the name the owners would sell it today for $500,000 USD.
If you’re interested please let me know.
Best regards,
Jay Finnan
Brokerage Team Leader
Portfolio Sales Manager
--
Sedo.com, LLC
tel +1 (617) 499-7237 • fax +1 (617) 499-7203
http://www.sedo.com • mailto:jay@sedo.com
My response was one of outrage and disgust since my proxy of $611k was output by some random bidder who was never even involved in the original auction. The intent was clear. SEDO wanted MANIPULATE the situation and my $611k proxy bid to make more money on my situation. I told them I would not buy the domain for even $300 and that they make me sick asking me to buy a CRAPPY domain for $500k which leads me to believe that they had insider information and that they manipulated the system to INCREASE the value of the .mobi auctions.
OK here is the conspiracy and actions that lead me to believe that this was a bigger scam than the .eu - As one would say they EnronSedoed or EnronMTLDed me.
1) They hold the auction and anticipate high demand. They decide not to increase their server size so that the loading times are slow. They even adjust their server settings at the 5 minute mark for lower processing times. They KNOW that there will be a lot of traffic in the last 10 minutes so they stipulate users would construe the traffic and server slowdown as "natural"
2) The time runs out. The winners are declared but they look at their TOS and decide they can abuse the original SEDO bidders so they can extract further monies. I know they would not redo the auction is my DSL connection was slow. They claim that the servers crashed (in actuality the servers did not crash - they just has the SLOWEST loading times. There is a difference between a computer crashing and a server being slow. The server was the SLOWEST. By the way, I videotaped the last 15 minutes of the auction which in essence proves that the servers did not crash, but they experienced slow loading times.
3) They move into strategy 2. They decide to create a hyped up environment to show to the world that the .mobi auction is going nuts and that the bidding is astronomical. There is SOO much demand that the servers crashed. Emails are sent by BOTH Sedo and the MTLD (Yes both - they leveraged their email lists to the maximum). New bidders read about it and get excited about the .mobi domain due to the artificial hype. Yes, this is where the music.mobi Bidder 13 and 14 who had no bids in the original Music.mobi auction come and start jacking up the prices, moving towards my $611k proxy. At this moment I am seeing my final win from $66k go to $616k. Other bidders experience the same thing. Others are sleeping or out celebrating the fact that the won. Later they will find out what has happened.
4) Sedo decides to add 2 hours to the bid so they can maximize the exposure of their email sending as well as invite new users. MTLD even starts posting on domain forums to alert everyone of the hype. I have this directly from one of the heads of .mobi MTLD Caroline Greer:
Dear Costa,
Thank you for your email and we are sorry for your disappointment.
Sedo extended the auction by three hours in accordance with its auction terms and conditions. Every effort was made to contact bidders in the auction and additional outreach efforts were made via blogs, web site posts etc.
Please contact Kate Donaghue from Sedo (copied on this email) if you need further clarity on Sedo's auction terms and conditions.
As regards the winning bidders, I have yet to see the list and we are unable to comment on bidder identities without the bidder’s explicit consent. However, I can assure you that dotMobi’s terms and conditions regarding site development apply in all cases.
Kind regards,
Caroline Greer
Director, Policy and Industry Relations
dotMobi
11 Exchange Place
IFSC, Dublin 1, Ireland
+ 353 87 1234244
Yes people, the MTLD did POST-AUCTION advertising. Yes, the head clearly stated in an email: "additional outreach efforts were made via blogs, web site posts" - WOW what a way to create some additional buzz and entice new bidders and jack up the price of .mobi
5) I did not receive a call back from the CEO Schumacher. However I did receive a call from the SEDO lawyer called Sharon. They obviously know what they did was fraud and would undermine their credibility. I can not believe that all the CAroline Greer's of MTLD and execs at Sedo are feeling good about themselves. This was a well thought out scheme. Even if the servers became slow due to excessive bandwidth (note the servers did not crash - their terminology was incorrect - a server expert told me that crashing and slowing down are 2 different things and would show 2 different results on your screen), it gives SEDO and MTLD no right to do all the things that transpired. And WHY did they add 3 hours? (Wait I thought it was 2 hours and then 30minutes extra - Caroline get your facts straight - SEDO did not follow your instructions very well about that additional 30 minutes huh?).
6) I have spoken to 10 attorneys today. yes very busy day. They are salivating over this case. And I mean salivating. Hey, they even said, if Sedo's attorney called you it means they have done something wrong and dont want anyone opening their mouth and saying something that will haunt them. I feel sorry for the one guy who thinks he won the top names. Dude, I assure you that in the class lawsuit I am filing (http://mobi.music.us), the MTLD's premium auction conditions will be included: equal distribution and RFPs. By definition you can not have all those domains. It is against MTLD policies. Wait EnronMTLD I mean.
By the way, I am pissed especially since I had a whole strategy on pushing the .mobi domain through a killer site which launches next year (3 years of development). Caroline Greer and the MTLD REJECTED my RFP claim since 2006 (yes I have been enquiring for that domain since 2006). By they way I do not own ANY .mobi domains. If I own one, I SHALL develop it. That is the goal. UNlike the fake high bidder who is too busy showing off his world record. I have one thing to say buddy. It is fake. My proxy of $611k must be retracted to reflect the REAL price of the domain. $66k. I will NOT assist some random domain-seller a-la-domain-king into showing off that he spent $616k. It is void buddy. I asked Sedo to retract the proxy bid of $611k. So dont send a wire transfer of $616k. Tell them I said I retracted my offer and that you should not be paying that. Even if you pay, they are still liable for damages. I hope they return your money when I get the domain back. Because i will. And so will all of you. Justice will be served.
P.S My attorney handling the case in the US is NY lawyer Paul Farkas Esq.
Spread The Word
3 Responses to "The Sedo - .mobi MTLD auction - Music.mobi conspiracy?" 
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said this on 06 Dec 2007 10:48:16 PM PDT
I am outraged with the unprofessional practices of Sedo.
I am a customer of Sedo and after this fiasco I will never place another bid with them again. Thank you for exposing this fraudulent company and bringing this to the attention of all clients and potential clients of Sedo. I know several people who are also long time Sedo customers and you can be sure that I will pass this information to them as well, if they don’t already know it!
Shady business!!
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said this on 07 Dec 2007 6:55:23 PM PDT
I am sure you are on the right way!
In September I auctioned joyas.es
(Jewellery) at SEDO. The highest Bidder at EURo 20.000.- never paid for the Domain, and SEDO let me sit in the COLD. No help at all.
I wish you all the best, because you are the winner of this auction and music.mobi should be yours for the price invoiced to you.
I am running a small music site since a few years myself:
www.musices.com
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said this on 08 Dec 2007 6:35:00 PM PDT
Hi,
I just made a posting to the thread you started on Namepros.
I posted some info I found on DomainNameWire.
I wanted you to see this as it could be devastating for SEDO.
Here it is. You can find the original under my NamePros ID which is tricolorro.
""Quote from SEDO’s TOS:
——————–
“Sedo in no way guarantees or further warrants that the web page on which bids can be placed (“Bidding Page”) during the Auction Period is permanently accessible. If a Bidding Page is not accessible, the Seller may not, in the future refer to a potentially higher bid during this time period as a mechanism for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder the Domain up for Auction if the webpage would have been available.”
————-
(myview's commentary)
"IMO this paragraph Say’s just about all there is to say. This is a Direct quote from their TOS and this all by itself may very we’ll be what gets “ALL” the domain names transferred to the original high bidders before they decided to re-start the auction over 2 hours later.
Obviously not good for Mtld’s pocketbook, but the rules are the rules, and in this case it appears they very we’ll may have to let them go at the prices recorded and the confirmation emails sent to the winners before they chose to re-open this “closed” auction as per their own TOS."
Patrick
Link here (Look for comment # 10, "my view" is the poster):
http://snurl.com/MobiLawsuit
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