domainwatch.org

Tuesday July 11 2006

Domain name entrepreneur declared bankrupt (Bradley Norrish)

Regarding Chesley Rafferty’s claim in the newspaper article below that I am “obsessive compulsive” about his operations, I have the following statement to make:

It is the type of behaviour that is of interest not the personalities. I have been consistent with my approach to this kind of behaviour long before Chesley Rafferty and Bradley Norrish arrived on the scene (see the domainwatch.org and dotau.org archives). It is also my belief that past behaviour is usually the best predictor of future behaviour.

As long as domain registrants believe they are being misled and deceived then I will continue to watch those companies and people responsible.

Here are three examples:

Example 1:

November 26, 2001
Aust domain name resellers brace for bloodbath
http://www.zdnet.com.au/news/business/soa/Aust_domain_name_resellers_brace_for_bloodbath/0,39023166,20262049,00.htm

Mark Spektor (Internet Name Group) asserted ” … Rowe has been conducting a smear campaign against us for sometime and has refused to desist … ”

July 11, 2006
Domain name entrepreneur declared bankrupt
http://www.theage.com.au/news/biztech/domain-name-entrepreneur-declared-bankrupt/2006/07/10/1152383674987.html?page=fullpage

” … Mr Rafferty accuses Mr Rowe of being “obsessive compulsive” about his operations … ”

Example 2:

Blair Rafferty’s DomainName.com.au Pty Ltd, which ” … (Chesley) Rafferty says he has nothing to with the operation of … “, is the latest addition to the watch list.

Example 3:

Here are some of the companies and people reported on domainwatch.org - does Chesley Rafferty’s quote in today’s Age infer that they all relate to him?

Blair Rafferty
Bradley Norrish
Chesley Rafferty
ComAURegister
Craig Oehlers
Diverse Internet
Domain Name Authority of Australia
Domain Names Australia
Domain Names NZ
Domain Services
DomainName.com.au
Domains Australia
Ezinames
Federal Bureau of Domain Names
IMCO Corporation
Internet Name Group
Internet Registrations Australia
Internet Registrations Worldwide
Internet Registry
iRegistrations
NetRegister
Paul Fox
Peter Jacobs
ProWeb Solutions
Registry Group
UK Internet Registry

Domain name entrepreneur declared bankrupt
http://www.theage.com.au/news/biztech/domain-name-entrepreneur-declared-bankrupt/2006/07/10/1152383674987.html?page=fullpage

” …

Domain name entrepreneur declared bankrupt
Nick Miller
July 11, 2006
Next

CONTROVERSIAL internet domain name entrepreneur Brad Norrish has been declared bankrupt, but the brother of his former business partner is still selling domain names.

Domainwatch.org, a self-appointed watchdog of Mr Norrish’s operations has warned businesses to keep a keen eye out for domain name marketing spam that closly resembles an invoice.

Mr Norrish, 27, from Western Australia, was declared bankrupt last Monday, which he says will “bring varying levels of happiness to those involved in selling domains”.

Mr Norrish signed off an email to an industry listgroup with the promise, “if the game’s still worth playing in 3 years time I might just get a recall . . . with fresh legs”.

“The game” is the lucrative business of marketing domain name registrations. But Mr Norrish and his business partner, Chesley Rafferty, have been warned by the umpire that they play outside the rules.

Last year the Federal Court awarded $1.3 million damages for breach of copyright against Mr Norrish and Mr Rafferty. The court found they had used data mining search techniques to copy a British domain name registrar’s database of customers.

They then sent 50,000 “invoices” to those customers telling them their domain was up for renewal, a practice known as “domain slamming”.

Lesley Cowley, CEO of Nominet, says: “The bankruptcy brings an appropriate and successful end to the litigation against (Norrish and Rafferty).”

Mr Norrish says the bankruptcy “takes a lot of pressure off my shoulders”.

“It’s the end to a long and pitiful legal dispute,” he says.

He says he is still friends, but not a business partner, with Mr Rafferty.

In 2004, the Federal Court found Mr Rafferty and his company, Domain Names Australia (DNA), guilty of false and misleading conduct under the Trade Practices Act for a similar operation: mailing hundreds of thousands of notices that looked like invoices for renewal of a domain name.

If filled in and returned, the notices registered a new domain name through Mr Rafferty’s company.

The court instructed Mr Rafferty to let his customers know of the deception.

When contacted by Next, Mr Rafferty said there had been “a lot of hype” about his marketing style. DNA continued to operate after the Federal Court action, changing the notices to comply with the court’s ruling, he says.

DNA has since been wound up. Mr Rafferty says that since his bankruptcy late last year he has not been doing “anything” - apart from some consulting work - in the area of domain name marketing.

However, ASIC records reveal that Mr Rafferty’s younger brother, Blair, took over Chesley Rafferty’s roles as director of the companies Domains Australia, Domainname.com.au and Firebird Corporation.

Domainname.com.au, based in Melbourne but registered in WA, offers domain registration and website hosting.

According to the Domainwatch.org website, customers are complaining about marketing material that Domainname.com.au sends out offering domain name registration. One customer says the material gives the false impression of being invoices renewing an existing domain.

Domainwatch.org writer Josh Rowe says domain name registration is a difficult industry to police.

“Beware ‘invoices’ coming from companies you are not aware of, and always go back to check who you have registered a domain with,” Mr Rowe says.

However, Mr Rafferty accuses Mr Rowe of being “obsessive compulsive” about his operations.

“There’s a lot of people in the industry that got in trouble that he doesn’t seem to write about,” he says. “Where’s letters about (accused domain slammer) Domain Registry of America? They still mail into Australia . . . they would have made 10 times or more money than myself or Brad (Norrish).”

Mr Rafferty says he has nothing to to with the operation of his brother’s company, Domainname.com.au. Blair Rafferty could not be contacted by Next.

Mr Norrish says he is no longer marketing domain names.

“Domain names rate alongside roo shooting in terms of market size,” he says. “I would like to be in a market that there is more room to move in.”

Earlier this year he was accused of “cybersquatting” alternative versions of well-known corporations’ sites.

He attracted the ire of US sports TV channel ESPN by registering the domain name espn.com.au and was ordered to surrender ownership of the domain webjet.com.

However, Mr Norrish says the ESPN site was registered by an employee without his knowledge.

He says “in the past” he owned thousands of domain names because “the market was very cheap”, but the company that owned the names is in administration.

“I think domain name registration should be handled by a government department, along with business name registration and company registration,” he says.

“The ’self-regulated’ system at the moment really means that (domain register) auDA is controlled by popular vote of the majority of domain providers”.

… “

Thursday July 6 2006

Oz domain name scammer declares bankruptcy (Bradley Norrish)

Filed under: UK Internet Registry, Bradley Norrish, Chesley Rafferty — Josh @ 7:33 am

Oz domain name scammer declares bankruptcy
http://www.theregister.co.uk/2006/07/05/oz_domain_scam/

” …

Oz domain name scammer declares bankruptcy

Shown the pink card

By John Leyden
Published Wednesday 5th July 2006 12:34 GMT

Australian domain name scammer Bradley Norrish has declared himself bankrupt.

Bradley Norrish, along with business partner Chesley Rafferty, ran an outfit called UK Internet Registry, and three other firms, which sent 50,000 fake invoices to domain name holders in the UK during 2003. The information needed to mount the scam was obtained from a data mining attack on the .uk WHOIS database.

The scale of the attack was so severe that Nominet, the .uk internet domain name registry, was forced to suspend its WHOIS database, which allows people to check the registrants of domain names for nine hours to prevent further abuse.

Nominet linked the attack back to UK Internet Registry and sued the firm and its directors for breach of copyright and offences against Australian fair trade laws.

An Australian court upheld Nominet’s complaint, paving the way for it to sue for costs and damages. In January 2006, Nominet was awarded A$1.3m ($970K) in damages against Chesley Rafferty and Bradley Norrish for copyright infringement, as well as an additional A$500K ($373K) stipend to reflect the “flagrancy” of the breaches.

In a letter, published by Domainwatch, Norrish said although he’d been forced to declare himself broke because of legal judgments against him, he might yet return to the domain name business.

“I’m sure most of you on the domain list will be pleased to hear I am now declared officially bankrupt. This will undoubtedly bring varying levels of happiness to those involved in selling domains from those who raise a slight smile, to those who leap enthusiastically out of their chairs,” Norrish writes.

“It was officially at 4.50pm yesterday afternoon that the Pink Bankruptcy Card was raised to send me off the field for three years. So a big congratulations to the captain of the opposite team Nominet as well as all their supporters. If the game’s still worth playing in three years time I might just get a recall, and if I do you know it will be with fresh legs.”

Nominet said the rocky financial straits Norrish finds himself in are a just a consequence of his abuse of the WHOIS registry. Nominet chief executive Lesley Cowley commented: “The bankruptcy brings an appropriate and successful end to the litigation against the directors of UK Internet Registry and proves that data mining the WHOIS is a serious industry issue that Nominet will not tolerate.

“It has been a long, expensive and often challenging process, but we take protection of our intellectual property and copyright ownership very seriously. This case proves that we can and will detect, track down and sue for WHOIS infringement to protect our business and our .uk registrants from domain name scams,” she added.

… “

Wednesday July 5 2006

Internet scammer announces bankruptcy (Bradley Norrish)

Filed under: UK Internet Registry, Bradley Norrish, Chesley Rafferty — Josh @ 7:16 am

Internet scammer announces bankruptcy
http://www.nominet.org.uk/news/latest/?contentId=3106

” …

July 04 2006
Domainwatch.org today posted a letter from Australian domain name scammer, Bradley Norrish, announcing his declaration of bankruptcy.

http://domainwatch.org/archives/2006/07/04/bradley-norrish-bankrupt/

Lesley Cowley, CEO, Nominet, commented: “The bankruptcy brings an appropriate and successful end to the litigation against the directors of UK Internet Registry and proves that datamining the WHOIS is a serious industry issue that Nominet will not tolerate. It has been a long, expensive and often challenging process, but we take protection of our intellectual property and copyright ownership very seriously. This case proves that we can and will detect, track down and sue for WHOIS infringement to protect our business and our .uk registrants from domain name scams.”

This case was brought by Nominet against Chesley Rafferty and Bradley Norrish and 3 of their companies in the Federal Court of Australia following Nominet’s discovery in January 2003 that its WHOIS database had been the subject of concerted data mining attacks. This database is commonly used by Internet users to check who is the registrant of a domain name. The sheer scale of these assaults subsequently forced Nominet to suspend its WHOIS system for the only time in its six year history. The attacks captured details of many .uk domain name holders and resulted in 50,000 registrants receiving misleading notices from “UK Internet Registry” regarding their domain name registrations.

In January 2006, Nominet was awarded AUD $1.3 million in damages to conclude the battle against Chesley Rafferty and Bradley Norrish. The Court awarded actual damages for copyright infringement, underlining the value of Nominet’s .uk Register and copyright ownership of its databases, as well as additional damages to reflect the “flagrancy” of the breaches, in using Nominet’s records for direct marketing purposes. The award of AUD $500,000 for the misuse of the data is one of the highest additional damages awards ever made by the Australian Courts.

… “

Sunday March 26 2006

Nominet Legal Case: Score 1 for the Registry (Bradley Norrish + Chesley Rafferty)

Filed under: UK Internet Registry, Bradley Norrish, Chesley Rafferty — Josh @ 12:55 pm

ccTLD ICANN Meetings in Wellington, New Zealand, 25-31 March 2006
http://www.wwtld.org/meetings/cctld/20060326.Wellington-agenda.html

” …

wwTLD meeting Wellington Sunday 26th March

ccTLDs best practices: latest and future developments

15:15 Session 5: Nominet Legal Case: Score 1 for the Registry
Presentation of The Ches & Brad Case, Emily Taylor, .uk and Jackie O’Brien, Allens Arthur Robinson.

… “

Emily Taylor’s presentation is available here (700k PDF).

Monday January 23 2006

Scammers go offline (Bradley Norrish + Chesley Rafferty)

from: http://www.theage.com.au/news/business/playtime-at-portsea-may-get-rough/2006/01/22/1137864806219.html

” …

Scammers go offline
By Helen Westerman and Rebecca Urban
January 23, 2006

IF CYBERLAND is the new frontier, then Chesley Rafferty and Brad Norrish are definitely its cowboys.

The pair have gained a reputation as profligate cyber-scammers for sending out misleading invoices to businesses asking them to register their domain names.

And it seems their activities continue. Norrish has been ordered to hand over a site he has been using that shares the domain name of online travel booking service Webjet.

The travel group’s website, webjet.com.au, generated $77.5million from 2004 to 2005 and was rated Australia’s No.1 travel site in the same year by Hitwise.

But Norrish’s domain name, webjet.com, which he bought in October, takes users to Webjet’s competitors and some porn sites for good measure. Webjet complained to the international arbiter, the Geneva-based World Intellectual Property Organisation (WIPO), that by using the same name, Norrish was confusing users and using the website in bad faith.

The elusive Norrish did not respond to the panel, which also found he had provided a false phone number to register the domain name.

Panellist Ross Wilson ordered Norrish to transfer the website over to Webjet.

The action follows a $1.3 million fine imposed last month by the Australian Federal Court on Norrish and Rafferty, for an elaborate copyright scam involving 2.2 million websites registered in Britain.

In 2003 the pair illegally “scraped” the database of Nominet UK, the national registry for .uk domain names, for the details of 50,000 registrants.

Judge Robert French found the pair and three of their companies — Diverse Internet Pty Ltd, Internet Payments Pty Ltd and Seychelles-based UK Internet Registry Ltd — had broken copyright and Australian free trade laws.

Judge French said the pair’s conduct had been “flagrant”, and also ordered them to pay costs, estimated at $1 million.

But getting the money will not be easy. Rafferty was declared bankrupt in Australia in October and the company solicitor at Nominet, Edward Phillips, told Full Disclosure that several of the defendants were in the process of being bankrupted by Nominet and others.

“They have some assets, but we cannot accurately predict how much, if any, of this money we will see — some of it is frozen in foreign bank accounts,” says Phillips. But Phillips says if the action is enough to bankrupt them, that may be good enough.

… “

from: http://arbiter.wipo.int/domains/decisions/html/2005/d2005-1096.html

” …

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Webjet Marketing Pty Ltd v. Brad Norrish

Case No. D2005-1096

1. The Parties

The Complainant is Webjet Marketing Pty Ltd of Melbourne, Victoria, Australia, represented by Minter Ellison of Australia.

The Respondent is Brad Norrish of East Perth, Western Australia, Australia.

2. The Domain Name and Registrar

The disputed domain name is registered with eNom, Inc.

7. Decision

For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name be transferred to the Complainant.

Ross Wilson
Sole Panelist

Date: December 29, 2005

… “

from whois.enom.com

” …

Checking server [whois.enom.com]
Results:

Registration Service Provided By: eNom, Inc.
Contact: info2@eNom.com

Domain name: webjet.com

Registrant Contact:
NA
Brad Norrish (NA)
NA
Fax:
2/47 Forrest Ave
East Perth, Western Australia 6004
East Perth, WE 6004
US

Administrative Contact:
NA
Brad Norrish (bradnorrish@yahoo.com.au)
888 317 8842
Fax:
2/47 Forrest Ave
East Perth, Western Australia 6004
East Perth, WE 6004
US

Technical Contact:
NA
Brad Norrish (bradnorrish@yahoo.com.au)
888 317 8842
Fax:
2/47 Forrest Ave
East Perth, Western Australia 6004
East Perth, WE 6004
US

Status: Locked

Name Servers:
dns1.name-services.com
dns2.name-services.com
dns3.name-services.com
dns4.name-services.com
dns5.name-services.com

Creation date: 02 Oct 1995 00:00:00
Expiration date: 01 Oct 2007 00:00:00
Whois-Services: 8d4c43df-6a82-4026-bc06-4bfafddd0eda@whois-services.com

… “

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Disclaimer: The domainwatch.org page has been developed using publicly available information. While due care has been exercised to ensure the accuracy and currency of the material contained on this web page, the editor strongly recommends that users exercise their own skill and care with respect to its use and seek professional advice where appropriate. While the information provided is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the information. The editor will consider requests to correct factual errors if accompanied by reasonable proof of the error(s). © Copyright 2001-2005 - Josh Rowe - josh@email.nu - Powered by WordPress