Rick’s Christmas Present. 10 POINTS and a Story About How to be a Successful Domainer

Morning Folks!!


No matter how many times you tell folks the answer to their
questions, they still ignore the answer. It must be human nature. Two types of
people. Give folks a million keys to sort through to figure out which one
unlocks a vault and you will have two groups. MOST will try any key
other than the one you give them or the one where you tell them where it is but it requires EFFORT on their part. The FEW will try the key you give them or will put in the EFFORT. The first group has a very small ratio of people that figure it out and unlock it. So they fail. Frustrated and angry. You see it everyday in this business. The second group has a very small failure rate. They find success.

So folks ask over and over and over again, how to make a lot of money with
domains?


1. 1. YOU MUST learn what constitutes a GREAT domain
as opposed to a WORTHLESS domain. MOST domainers buy WORTHLESS domains. It's a FACT. They try to sell this CRAP all over the place. But it is CRAP so they have to find other domainers that don't know the difference and that is NOT HARD!!! They do this because they really have
not studied what makes a domain have value. Either present value or future
value. They are clueless domainers and their bank account proves it.


2. 2. Then the laziness factor sets in. You point the
direction, even sometimes give the url and they still can’t get there. They
want to know so damn bad but won’t do a damn thing to learn.


3. 3. Domains are about Nouns with Adjectives and
Verbs and such. That is the foundation of domaining IF you are looking to the
future. IF you want to know what many of the successful have in common. But no
matter how many times I have given the KEY to domains, NADA! I have an entire
blog post about just nouns and verbs and adjectives. Now I am not going to dig through to give you the url. If
you really want to know, you will find it.


4. 4. I have ALWAYS said there are many ways to climb
this mountain. I can only share the way I did it. It does not mean you have to
be on the same path. Chart your own, just make sure you are wildly successful
before you take shots at others. My path just happened to work well for me and
many that followed that path became very wealthy and transformed their lives. I
always said that path was “Time Sensitive.” (But it still works)


5. 5. I have always said that your FIRST purchases are
your most important. If you can’t get the cash flowing, you are stuck.


6. 6. Everyone excuses my success because they say I
started with a lot of money. EXCUSE ME, That is FALSE! It is a LIE! It is NOT
TRUE! Now that does not mean I was not successful before and it does not mean
that I did not have some money and a going business. BUT, I started this with
$1800 on a credit card! That was my TOTAL investment. Like any other investment
or dabbling, you take a dollar amount that you are comfortable losing and you
TAKE A SHOT! I took a shot with $1800.
I bought 18 domains at that time.
By the time the bills came in, I was in a positive cash flow and was
able to buy another 18. Another $1800. Each time I bought a domain I would
learn. But there were no tools or ppc to learn with. My only compass was
NUMBERS and DOLLARS. That’s it. And a bit of gut. And knowing that to do what I
wanted to do without running out of money while I waited YEARS for mainstream
to develop, ADULT was the only way to accomplish that. So I made $$$ with adult and focused them on mainstream domains that were YEARS away from being income producing.


7. 7. So I took my adult earnings and would buy
completely worthless mainstream names with no chance whatsoever to monetize
those domains. I had to be patient, hold and wait for the Internet to develop. I knew some of how it would unfold, not all. But that was enough.


8. 8. Since others employed methods that I DID NOT
BELIEVE IN, and were short term, I was able to buy their GREAT domains. Sometimes they were flipping so fast
(And still are) that they never took the TIME to evaluate the domain name. That
was to my benefit.


9. 9. So if I started again today, I would DO THE SAME
THING even tho everyone says that can’t be done. Well that is BULLSHIT!


10. 10. So
there is a formula, a map and a way to make a lot of money. If you can’t do it,
then it is on YOU not me. But you MUST know what makes a domain name GREAT and
that is the #1 shortfall. Much easier to sell gold then SHIT. You say you can’t
afford gold? Bullshit! Just get a smaller piece and build it up. It takes PATIENCE. But when you are starting, you need to flip and make a GREAT profit as quick as possible. Want to do that? Go back to #1 and you will.
Again, this was MY way. I can only share MY story. Anything else would just be nonsense and have no value. And while I focused on 'Type Ins' back then, it is NOT essential NOW. Things have changed. Valuation is different. The old 5x or 8x is GARBAGE that was thrust upon the industry by VC guys and like fish in the sea, domainers took the bait and swallowed it hook, line and sinker. It was nonsense then, it is nonsense now. Those that knew laughed and those that did not sold out at a fraction of the true value. And now that PPC has plummeted, how is that formula working for you now?
Rick Schwartz


EXCLUSIVE: Chilling Audio of Nelson”Halvarez” Brady During Actual Shill Bidding Period.

Good Afternoon Folks!!


First I want to say that as of this time Nelson Brady has neither confessed his guilt nor proclaimed his innocence. He has been accused by his previous employer of this massive scandal and we assume this is all based on fact. But as I write this, thatSTONEWALL (Tiger Woods Style) is still up and few are demanding them pull it down. How the industry treats this, reacts to it, and how this all unfolds will determine a lot about the future.


This will certainly raise some eyebrows. Ihad hoped to get this online just a few minutes after the post yesterday and could add to it. As it turned out, it was a much more time consuming process than anticipated. The audio file is over 100 megs and took a while just to upload so that Danny could download. This really has required hours of work way beyond my expertise. After I was on it for more than 3 hours I want to thankDanny Pryor for helping me out. He was up until 2AM working on this and has been on it since early morning today.


Brady-nelson-280
Nelson 'Halvarez' Brady.
Image lifted from
DNJournal.com
Publication of RECORD for the Domain Industry

I think it has a great value to listen to somebody during the period they are accused of doing something that has rocked our industry. Like I said, some of the words were chilling when you hear them now and since nobody is talking,maybe you will pick something up of interest. FirstHoward will introduce Snapname's Mason Cole who will introduce Nelson 'Halvarez' Brady.

Click here to listen to the FIRST audio file. (It is online now)

Click here to listen to the SECOND audio file. Here you will hear Mason Cole introduce Nelson Brady and then his only public words that we know of spoken by 'Halvarez.' EXPLOSIVE and CHILLING.'

Rick Schwartz

-----

BREAKING EXCLUSIVE: Deep Throat Speaks!

Afternoon Folks!!


The other night I had an idea and today I was able to accomplish it. What you will hear will be at the height of the scandal from what I would guess. The announcement is made in THIS TAPE about the new relationship with Oversee and iReit.


In 2007 at TRAFFIC WEST, SnapNames.com sponsored one of our lunches. I just heard the audio for the first time since 2007. CHILLING! Chilling is what I would call it.


What may be the only audio of Nelson “Halvarez” Brady in existence is at the
2007 TRAFFIC WEST in Las Vegas will be posted on this blog once I can get it
pulled from the archives and edited. This audio from 2007 was apparently at the
height of the fraud and scandal. It will be interesting to hear him in his own
words back then.


This is an historic tape. After Howard introduces him, Mason Cole speaks and then introduces Nelson Brady. He uses some interesting words when you look back.


Rick Schwartz


BREAKING EXCLUSIVE: Deep Throat Speaks!

Afternoon Folks!!


In 2007 at TRAFFIC WEST, SnapNames.com sponsored one of our lunches. I just heard the audio for the first time since 2007. CHILLING! Chilling is what I would call it.


What may be the only audio of Nelson “Halvarez” Brady in existence is at the
2007 TRAFFIC WEST in Las Vegas will be posted on this blog once I can get it
pulled from the archives and edited. This audio from 2007 was apparently at the
height of the fraud and scandal. It will be interesting to hear him in his own
words back then.


This is an historic tape. After Howard introduces him, Mason Cole speaks and then introduces Nelson Brady. He uses some interesting words when you look back.


Rick Schwartz


Rick’s 2009 Report Card and what 2010 is Likely to Look Like IMO

Morning Folks!!


It's the eve of December and December has always been a month reserved for reflection, rest, family, fun and looking to the next year and how it will unfold. The best way to do that is to look back at what i thought about things last year.So here is my post about 2009. I got some right, I got some wrong and some things are yet tounfold. I may have been a bit early on some of these things. But they are still coming. I still believe Sears will fold. Just the time may be off. When I said 'Your favorite restaurant will go out of business' I put a 'Maybe' in not to go too far off the ledge. Well, my favorite restaurant DID go out of business. How about yours? Are they holding on for dear life?

2010 is going to be really tough. Really unpredictable. Really a lot of turmoil. But there will also be opportunity the likes we have never seen before. Just keep your seat belt fastened, this ride is far from over and it will be the Christmas numbers that are the TRUE and FIRST indication of how things really are. Just don't fall for the 'Spin.' For example, yesterday I heard a report that foot traffic was way up over last year. Then went on to say that sales were down 8%. That is a HUGE number and in a moment I am going to show you how much worse. While the sales were down 8%, the hidden number is what they are buying. Or should I say what they are not buying. We are buying 'Gifts of necessity' as opposed to luxury gifts. That means we are buying things that we would have bought anyway and labeling a Christmas Gift. That is great actually. However the retailers don't know this is going on and it will mess up all their projections for 2010. Going to be an HORRIFIC first quarter in retail following a dismal Holiday season.


So there is an illusion that things are getting better. But it is nothing more than the eye of the storm passing overhead. The experts are clueless. What is coming is still coming.


Have a GREAT Day!
Rick Schwartz


Life is Fragile. Death Watch for 2 of our Kitty Cats

Morning Folks!!


(Thanksgiving Day Update Below)


We have 7 pets. 6 cats and a dog. 4 rescued. Our oldest cat
“Bully” is 9. We just learned has cancer and is undergoing Chemo. We don’t know if he
will make it. We are waiting to see how he responds.


IMG_0178
Bully on Left, Baby Bully on Right. Father and Son. Both Rescued. Baby was just minutes from being destroyed and even tho I was responsible for saving him, he hisses at me all the time to this very day. Good thing I am used to that.
Then on Monday “Pearl” was limping. So my wife took her to
the vet. They gave her a shot of cortisone. 24 hours later she was having
congestive heart failure which was a reaction to what they did not know existed
even tho a fairly common condition. So they had to put her in an oxygen tent and then my wife had to rush
her from the vet to the Animal Hospital. Pearl is an Abyssinian. Her little heart stopped last night but
they were able to revive her. The last we heard she is in “Very Critical”
condition. 50/50 of making it thru the night. The phone has not rung. That is
good. A bit scared to call.


Picture 696
Pearl in Back, Ruby in Front. Sisters that we just could not separate nearly 7 years ago. Proud Papa


So we are on “Death Watch” for 2 kitties today. Bully has a
son “Little Bully” and they are inseparable. We are worried about him as well.
Then “Pearl” has a sister “Ruby' and they have been together since the day they
were born. So plenty to worry about.


But the POINT of this post is just how fragile life is and
NOBODY is promised tomorrow or next hour. Life is short and delicate and
sometimes we lose sight of what is really important.


CIMG0050
RIP Fluffy. Son of Bully, Brother of Baby. Half brother of Ebby and Blackie. Did not rescue in time.


Image027
RIP George. He would just plop down on my desk and I would have to work around him.


Cruise 018
Ebby. Same mother as Baby Bully. Sister to Blackie.


CIMG0371
Blackie. Sister of Ebby. Half sister to Baby Bully and half or full sister to Fluffy


IMG_4390
Freddy. He runs the place and let's us live here with him. ;-)
Have a great holiday. Enjoy your families. Stop and smell
the roses! Maybe a couple prayers.


Rick Schwartz


Update. Pearl survived the night. She was given a 50/50 chance of making it until this morning.
Update. Bully Goes in for 2nd round of Chemo in 1 hour. Being forced fed by Alina.


Thanksgiving Day Update:


Pearl is doing 'Awesome' was the word the docs used last night. She is out of the oxygen tent and breathing on her own. We expect to take her home today! She made it!!! A real miracle. Thanks for the prayers. She was gone.


Bully had his second round of Chemo and he is doing better as well. His personality is back, rubbies, and a lot more talkative. But he is still be forced fed, but things are looking better for Bully as well. His white blood cells are up and things for both kitties have stabilized


Monday Update...Both Pearl and Bully are resting comfortably but improvement is very slow and we just have to take it one day at a time.

So we have a lot to be thankful for today. We dodged TWO bullets for the moment.


December 2nd update. Pearl is doing great! She is back to her normal self as of yesterday and her surviving was a true miracle. She still requires rest as an heart patient would. Otherwise, she is doing fine and hope to know more for the long term tomorrow when the vet checks her.


Bully is day to day but is showing signs of getting stronger and is eating a little bit on his own. Today is the day we get results back from the first 2 chemo treatments. If his blood count gets better they will do a third and more intense treatment. If not, then we will evaluate with the vet and decide what to do.we would NEVER allow him to suffer. But we would also NEVER just walk away without giving him a chance to fight. Pearl was dead. Her tiny heart stopped beating. They massaged her back and today she is a happy camper again. We would NEVER just walk away but we would never keep any of them for selfish reasons if we see them in distress.


Investigation or Cover up?? Take our Poll

Morning Folks!


As I explained my opinion onyesterday’s post, we are either witnessing
an investigation or a cover up. I
am not sure which one but since not a single word has been spoken, I have to
assume cover up but I am PRAYING that it is an investigation by the FBI. Short of that, imo, we are getting hosed and
lied to and bullshitted by this wall of silence. Maybe MOST domainers are okay with that….I AM NOT!


People are moving traffic away. People are moving domains away. People are just moving their business away. People are just moving on. If we don’t start to get ANSWERS pretty soon, I think boycott by domainers may be the only way to force their hand. It seems the ONLY leverage we may have as this goes on with NOBODY speaking. Other suggestions? I feel like the entire Industry is being held captive until we have some answers to all the questions that are out there.


We are on the eve of 2 WEEKS of this STONEWALL. When do we
get ANSWERS????? When does the bleeding stop? When do we here the TRUTH about
what is happened and how deep that TRUTH goes?? I can figure
out only 2 explanations. The first is involvement by the FBI. The second is they are more scared to go to prison then they are to lose their business. There is a cloud over the industry until we get some clear answers and I think that cloud will be something we deal with for a long time regardless of the outcome imo.


Rick Schwartz


Scandal Day 12. A Review of Where We Are, How We Got Here and Where to Now?

Morning Folks!!


There is a smaller and smaller group questioning the motives of my posts. I admit I may not be the best person to be so outspoken because of the way it might look, but
sitting on the sidelines while the biggest scandal ever is rocking the industry
just ain’t my style and this is way too important to worry who will say what and all the other BS. E
ven those thatdisagree, do you really question the sincerity of my anger and outrage and love of the industry and what we all do? My anger has subsided a bit because I have been able to express
myself over the last few days with these posts. But it does hurt. Deeply. Maybe it is just me, I don’t
think so, but I have this sort of sick feeling in the pit of my stomach each day. This dark cloud hanging over the Industry is something we will deal with for a very long time and none of us need it or deserve it.


Let's review a few things. We have basically only 5 bits of information. The first was the initial Stories and Press Release which I got fromTheDomains.com &DomainNameNews.com plus the related stories that spilled over to TechCrunch.com and other publications outside the industry. The second was thepostthat was NOT supposed to be posted about 'Coordinating closely' or words to that effect by a lower level employee of Oversee that many never heard of before. Finally thecontract that reveals more than all the other stuff combined as it is a roadmap to what they seem to be scared of when you work it backwards. Then add that nobody is talking regardless of the costs and damage being done and we have four.


The fifth bit is the great and detailed posts again by Mike Berkens of The Domains.com who is not only one of the first to break the story but also is one of thelarger victimseven though his staggering numbers represent only 1.2% of the tainted Snapname.com auctions according to Mike. He was personally involved in 12,000 different auctions that Halvarez was involved in for a staggering total of 360,000 bids. He concluded that Halvarez acted alone based on his 1.2%. But what we don't know is if he was the lone player in this or was it more widespread and systematic? If you extrapolate the numbers from Mike's 1.2%, and I just use 1% and an estimate for the .2 (because I don't want to invest the time to be exact) but we are talking around 1 million different auctions that may have included bids in the area of 30 Million. Just staggering!


Any domainer looking at just these facts alone and plan to be in this business for the rest of their lives have to be rocked, shocked and angered. The rest are defending but what exactly are they defending at this point? I am just not sure what they are defending given the gravity of the matter and what we already know.


Stephen Douglas asked the question (Second comment, 'The Dude') that he saidRon Jackson was too polite to ask. He is right. Ron would not ask it. But now it is out there. For better or worse, it is out there. What was hard to even discuss in private is now out there and I guess we just have to wait until more is known and statements are made. The last days have given us a multi million dollar scandal, and anindustry shakeup with some very high level and highly regarded people. We have no answers or statements for any of what is going on and some are hesitantly asking is this coincidence? Now I am not stating anything because I don't know anything, but the post made me wonder. You wonder. We all wonder except for those that know but are not talking. I would agree withAdam's sentiments, 'I get your point that a wise person would explain their departure'.


As you can see by my series of posts below, the anger builds. It took me nearly 24 hours just to comment initially because I knew that this had wide ranging implications that could disrupt many things. I needed time to think, to understand, to understand the ramifications and the fallout and what it meant and what it means and what it is going to mean and how it will change things. Figuring out how something plays out is what I do for a living. Whether it be domains, real estate, stocks, politics, lighting, furniture, That is what I do.


Don't expect anyone not think and not wonder and not try to make assumptions and not try to connect the dots until we get some concrete and frank answers. We don't know if there is a cover up going on or an investigation. That my friends is it in a nutshell. That is the single biggest point. If there is a cover up, we can't allow that. Period. If there is an investigation, then we need to do everything we can to cooperate. I would only hope if an investigation were going on that it was led by the FBI and not an 'Internal' investigation led by PR firms and lawyers. All any of us want is to know and be satisfied is that they are doing the right things as opposed to anything else. If they do the right thing, they will be applauded and I will be among the first to stand up and do it. If they don't, then I will be the among first to stand up and say so.


I will be writing about this again and again and again until we get some real answers and then I will examine it and see how it fits into what we already know. Hope for the best and prepare for the worst. Don't feel guilty for being angry and speaking out, feel guilty for sitting on the sides and saying nothing. Feel guilty for excusing it. Feel guilty for minimizing it. Feel guilty for forgetting about it. But don't feel guilty for being angry. Don't feel guilty for DEMANDING answers. Don't feel guilty for protecting your livelihood and your futures that OTHERS have put into jeopardy, AGAIN! And don't let others turn it back on us just for speaking out and saying what needs to be said and asking the questions that BEG to be asked!


Rick Schwartz


First Post


Second Post


Third Post


Fourth Post


Fifth Post


Sixth Post



Howard Neu Points out Flaws and INVALIDITY of the Oversee Agreement! $2000 Legal Opinion for FREE!

Morning Folks!!


I asked Howard yesterday to write a detailed legal opinion for me on the Oversee Release for all domainers to see. I hope you are sitting down. Don't do anything hasty. This is going to be another BARN BURNER! Howard is going to pick this apart one point at a time and I think he could go on even further with all the flaws he reveals.


From Howard:


*I, the undersigned,
individually and jointly, for myself and my successors, assigns, trustees,
partners, joint venturers, directors, officers, affiliates, associates,
managers, licensees, and for any other claiming through or under each or all of
them and for any person or entity with or for whom I may have purchased the
above mentioned names (collectively, the “Releasors”)


This means that you are signing this document to give away not
only any rights that you may have, but also the rights of others with whom you
may be associated in some way
.


hereby
release and forever discharge, acquit, covenant not to sue and acknowledge
complete satisfaction


You are releasing possible claims that you may not even know you
had
.


from,
SnapNames, and its past and present parent companies (including Oversee.net),
affiliates, successors, assigns, agents, attorneys, servants, representatives,
employees, independent contractors, trustees, administrators,
predecessors-in-interest, insurers, partners, joint venturers, stockholders,
members, directors, officers, parent companies, associated companies, holding
companies, subsidiaries, divisions, affiliates, associates, managers,
licensees, accountants and consultants of any of the foregoing (collectively,
the “Releasees”)


This basically releases anyone, anything or any entity in the
whole world that has had anything whatsoever to do with Snapnames, Oversee,
their stockholders (including Brady), accountants (who may have been in
collusion – see ENRON) attorneys (who may have given bad advice), affiliates
(God knows who THEY are), licensees (what do THEY have to do with this?) and
consultants (??????).


for any and all claims, actions,
arbitrations, charges, complaints, grievances, hearings, causes of action,
actions, suits, damages, costs, expenses, judgments, liabilities, demands,
inquiries, investigations, proceedings or suits of every kind and nature
whatsoever, whether known or unknown, suspected or unsuspected, previously
existing, or now existing,
or hereafter arising, in law or in equity
(collectively, the “Claims”),


This means that Snapnames, Oversee and all of the aforementioned
Usual Suspects can ride roughshod over you, your domains, your auctions, or any
possible FUTURE action that you may have with IMPUNITY. The one thing that they are presently
in short supply of is TRUST. Yet,
they are saying that if you sign this document which gives away every right
that you have, you can TRUST them that they won’t screw you again. That reminds me of the currently
running Apple ad where the PC is constantly saying “TRUST ME”.


which the Releasors or any of them had, may
have had, or now has, from the beginning of time to today’s date against the
Releasees, collectively, or any of the Releasees, individually, for or by
reason of any matter whatsoever relating to the auctions for and acquisition of
the Domains, including without limitation, any Claims relating in whole or in
part to the bidding activity of the SnapNames user associated with the user
name “halvarez” (the “Released Matters”)


This somewhat contradicts the previous statement of claims
“hereafter arising” by limiting the future to “today’s date”, but it is not as
charitable as you might first believe.
While the first statement including claims in the future goes to any
claims whatsoever, this portion is limited solely to claims arising out of the
actions of “Halvarez”. Thus, while
you are giving up any rights that you may have as to the “Halvarez” matter as
of the day you sign this ludicrous document, you are still giving up ALL RIGHTS
to any action or claim that you may now have or have IN THE FUTURE concerning
any of the activities of Snapnames, Oversee, and the Seven Dwarfs
.


for damages, restitution, disgorgement,
unjust enrichment, civil penalties, statutory penalties, injunctive and/or
declaratory relief, whether class, individual, representative, or otherwise in
nature, including costs, expenses, penalties, and attorneys fees
.


This may be the most insidious clause of all. Not only can you not claim damages now
OR IN THE FUTURE, but you must opt out of any class action or actions that may
be brought against these culprits and forget about any costs that you may incur
to protect your interests.



Unless
the Releasor is meaningfully educated by the Releasee as to both the nature of
the release and the risk involved, the release is invalid as a matter of law in
a number of jurisdictions.
Contracts intending to release one’s self from liability must be
strictly construed against the enforcing party. The law disfavors contractual provisions by which one party
seeks to immunize himself against the consequences of his own torts. Also, releases only limit liability for
risks specifically contemplated by the release.


It would
therefore appear that this release is overly broad to the point of possibly
being at least partially invalid.
It is necessary that the express terms of the agreement be applicable to
the particular misconduct of the Releasee. If there was no misconduct on the part of Snapnames or
Oversee, then why would they need such a release?


The key to enforceability of a release is the knowledge on the part of the Releasor
of the exact nature of the agreement.
If things “known or unknown” are being intentionally hidden from the
Releasor, the agreement has no validity.


The bottom line here is not to rush into signing away your rights for a pot of
porridge. Let time reveal exactly
who the culprit or culprits are and determine where liability may lie. Then, and only then, can someone
intelligently sign a document giving away his rights for all eternity.

Thank you Howard!! This info should be invaluable in each and every domainer and illustrate in a legal way just what a mine field this agreement is and the ramifications of putting a signature on this GARBAGE! What we are witnessing is a disaster. What we are witnessing will shape how you do business for the rest of your lives. What we are witnessing is a company that is so scared to speak, that must have so many things and people to protect, they would rather implode before our very eyes than answer the questions that have been posed for days by multiple people. That is what it looks like to me in myopinion and that opinion is getting more and more common place. This is a sad day and I am at a loss. The worst handled mess I have ever seen. That's what you get with PR and Bean Counters and Lawyers running a BUSINESS. Let's have a MEETING!! For the sake of the industry and everyone in it, I beg the folks at Oversee to step forward and fix this before the point of no return. A point that I believe we are in the midst of passing. A sad day any way you look at it.Silence is deadly and being calculating is even worse when you have so many involved.

Rick Schwartz


Howard Neu Let’s Loose on”Obvious-Coverup”…Stone Wall Day 9…An Agreement of INSANITY! PART 1

Morning Folks!


Fasten your seat belts. These next 2 posts are going to be the most riveting you have ever seen on my blog. Howard is going to give you a lawyers view of the Oversee contract, LINE BY LINE! Yesterday I touched on the Oversee/Snapnames agreement. Later I posted the following
on
TheDomains.com where Mike Berkens disects the 12,000 auctions he was involved in with 'Halvarez'. Thanks Mike for taking the time and expense to do this for all to see and stepping up to cover this story.


'Their
release could have been one sentence: “I hear-by release Oversee and Snap for
any liability arising from any past auction involving Halvarez.”


The way
they word that contractual release is the single biggest reason for this
unraveling and people looking for more of the story, who is involved and if it
spills over to other companies. They want folks to sign away their rights since
Day one of the Universe before you even know the extent of what might have
really happened.. I think anyone that signs that does not have any idea of the
far reaching impact it could have. It is absolutely INSANE to sign your rights
away BEFORE all the facts are in and even then the release is so bad I think
paying every domainer $10,000 whether affected or not would be a coup for them.
Sign your LIFE away with this baby. INSANE!'


Oversee could have kept it simple and put what I said on the back of the check with no
fanfare. Instead they went for something that includes “From the beginning of
time” and absolves them of everything that could have ever happened or did ever
happen or anything that gets uncovered from here on out. That does not sound like a 'Victim' to me, that sounds like a company with some things to hide, people to protect and worse if it involves others outside the company. Is the entire Industry being hoodwinked by a piraña? And if it is, how many will remain silent, how many will stay on the sidelines, and how many are willing to stick their dick out and speak up??

As Mike Berkens points
out, you have
ONE YEAR to sign and get a refund. I’d be willing to bet there
wil
l be a revised agreement at some point. And if they don't get real, then they will keep dealing with more and more fallout and eventually they will either capitulate or worse. My opinion.

This agreement is INSANE, over reaching and unfair
IMHO which is not a legal opinion. So I decided to ask Howard to post on the
legal ramifications so every one in this industry has an opportunity to get a
handle on all this before signing something that you might regret for a very
long time. Any domainer signing it would have to be hard up for cash the way I
view the world or just want to make this all go away as fast as possible. Selling out for chump change. Tell them you don’t want the
money, Tell them you just want the truth without the PR firm and without the
damage control.
As Mike Berkens points
out, you have ONE YEAR to sign and get a refund. I’d be willing to bet there
will be a revised agreement. This agreement is INSANE, over reaching and unfair
IMHO which is not a legal opinion. So I decided to ask Howard to post on the
legal ramifications so every one in this industry has an opportunity to get a
handle on all this before signing something that you might regret for a very
long time. Any domainer signing it would have to be hard up for cash the way I
view the world or just want to make this all go away as fast as possible. Selling out for chump change. Tell them you don’t want the
money, Tell them you just want the truth without the PR firm and without the
damage control.
Howard Neu posted the following no holds barred comments on Mike's blog and then will be followed by a post in Part 2 just addressing the release form. Free legal advice from one of the best in the biz.

'It seems to me, that the biggest question of all has been left unanswered. WHY HAVE NO CHARGES BEEN BROUGHT AGAINST BRADY? Why have we not heard from Jeff Kupietsky? Why have we not heard from Craig Snyder?Who else is involved in this obvious cover-up? Millions of dollars have been lost by domainers, yet no charges have been brought. Oversee spent millions of dollars acquiring Snapnames at a hugely inflated price, yet no charges have been brought. The domain industry is on the brink of possible collapse due to lack of trust, yet no charges have been brought.Who is protecting whom?

A child can see that laws have been broken and fraud has been committed, yet we hear absolutely nothing from the so-called defrauded company, Oversee. What are they hiding? Are they afraid that their own positions and livelihoods are in jeopardy?

It seems mighty strange to me that not one word has been heard from the company other than to send out the most ridiculous Settlement Offers with unbelievable releases that you have to be absolutely financially desperate to sign. The language contained in those releases is legally binding, yet unheard of in legal circles in its breadth of forgiveness and letting everybody off the hook. Again, what are they afraid of? I intend to address a separate post to the language of the releases.'

Much more to come from Howard in Part 2.

You may also be interested in the interview at DNW where Santiago A. Cueto (The first attorney to file a Class Action in this mess) states: 'This is an interesting case because SnapNames has already admitted wrong doing and offered to compensate victims. “That’s not going to cut it,” said S. Cueto. “We want to clean up the industry.” Both brothers think insider bidding is pervasive in the industry, and they may expand their investigation to other companies as well.'

After reading that, I for one welcome their involvement and hope others join the search for the TRUTH of what the hell is going on and how far reaching is it!!

Rick Schwartz