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Re: From the "Bad-Analogy-Department"....
by
Enrico S.
I agree with the title of this post that it is a "Bad-Analogy."
There are four big differences. 1. domains are one of a kind, not relatively amorphous used cars. 2. car dealers are in the business of buying and reselling used cars, NSI is not in the business of being a registrant, 3. car dealers do not buy the only car of its kind and then mark it up 4x or more over the price which a person could have purchased and 4. NSI's use of their web site availability search tools to 'reserve' domains without notice to the consumer may constitute fraud.
In this instance with NSI, there is only one car in the world of its kind. If the car dealer would to use its web site to lure visitors to search for that one of a kind car, then buy it and mark it up a 4x times in price then they very well might be liable for consumer fraud. Just like the NSI case, it would depend on what notice was provided on their web site for consumers using their search tool. I posted on the NSI issue and their potential liability when it first went down here and here.
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