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Sep 19, 2002, 5:28pm

Grasias :)

[View Quote]

Sep 20, 2002, 3:33pm

I did rubbish at Spanish.

- mark
[View Quote]

Sep 21, 2002, 7:43am

This is the e-mail conversation I have been having with this blithering idiot, as I initiated it for personal Im free to display it.

-----------------------------------

Mark

We know the law we do not need you to give it to us. As I said their are many cases and arbitration decisions already decided which have interpreted the rules you quote below. We feel that we are in full compliance especially since the domain aw news is pretty general and aw can stand for many thousands of words.

There is a procedure in place if your guy feels that he has a legal right to the domain he can file a for an arbitration for the domain under the rules of ICANN and if the arbitration believes you guy is entitled to the domain they will give it to him, if not we get to keep it.

We have never lost a hearing or had a domain taken by any court or arbitrator.

I last told you last night if your client had a federal trademark we would give the name to the holder. We also told you that if your guy was a true non-profit registered by the IRS we would contribute the domain to your guy.

It seems the previous owner did not pay its annual fee, did not protect its domain by prepaying the fees for a few years at a time (we are taking about small money in the less than $100 area), did not organize itself as a true tax exempt organization although its holds itself out as a non-profit group, and did not protect its name by filing for a federal trademark. Basically the previous owner of the domain did not in any way shape or fashion, protect its domain and caused it to be lost.

It wants to blame us for registering a domain that was available to be registered.

If you don't pay your mortgage your house will be taken and someone will buy it at a greatly reduced price at a foreclosure. Is it the buyers fault??

If you don't pay your real estate taxes your house will be taken by the tax lien holder at a greatly reduced price. Is it the fault of the guy who bought the tax certificate???

If you don't make the payments on your car the bank will repo it and sell it to someone else. Is that their fault???

If you feel you have a claim file for an arbitration and we will let them decide. If they award it to you then we were wrong and you get it. If they rule against you then we were right and we keep it.

Its that simple


Very truly yours,


Michael H. Berkens
President
Worldwide Media, Inc.

http://www.mostwanteddomains.com
----- Original Message -----
From: Mark Randall
To: MICHAEL
Sent: Friday, September 20, 2002 1:25 PM
Subject: Re: Dear Mike


Dear Michael,
While I am investigating this situation I would like to direct your attension to the file attached. In particular the following piece of information.

B. The "Bad Faith" Requirement
New section 43(d)(1)(B)(i) provides a nonexclusive list of nine factors that courts
may consider when determining whether a person has the requisite bad faith intent under
section 43(d)(1)(A):
In determining whether a person has a bad faith intent described under subparagraph (A), a
court may consider factors such as, but not limited to-
(I) the trademark or other intellectual property rights of the person, if any, in the domain
name;
(II) the extent to which the domain name consists of the legal name of the person or a
name that is otherwise commonly used to identify that person;
(III) the person's prior use, if any, of the domain name in connection with the bona fide
offering of any goods or services;
(IV) the person's bona fide noncommercial or fair use of the mark in a site accessible
under the domain name;
(V) the person's intent to divert consumers from the mark owner's online location to a site
accessible under the domain name that could harm the goodwill represented by the mark,
either for commercial gain or with the intent to tarnish or disparage the mark, by creating a
likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the
site;
(VI) the person's offer to transfer, sell, or otherwise assign the domain name to the mark
owner or any third party for financial gain without having used, or having an intent to use
the domain name in the bona fide offering of any goods or services, or the person's prior
conduct indicating a pattern of such conduct;
(VII) the person's provision of material and misleading false contact information when
applying for the registration of the domain name, the person's intentional failure to
maintain accurate contact information, or the person's prior conduct indicating a pattern of
such conduct;

15 The mark need only be distinctive at the time the domain name is registered. The mark itself need not be federally
registered. Although section 43(d)(1) (section 3002 (a) of the Act) covers individuals' names that are distinctive
marks, section 3002(b) goes further by protecting non-distinctive names.

Section B part VI

"(VI) the person's offer to transfer, sell, or otherwise assign the domain name to the mark
owner or any third party for financial gain without having used, or having an intent to use
the domain name in the bona fide offering of any goods or services, or the person's prior
conduct indicating a pattern of such conduct;"

Clearly identifies that the Bad Faith includes the use of existing domains for financial gain without having used the domain to provide good or services. Upon evaluation of your site and several others identified the domain 'awnews.com' is being used as a standard website mirror page hence use of the site for offering goods or services does not apply to this site, only the site of which you are containing the main information.

------------------------------------------------------------------------------------------------------------------------------------

I would also like to direct your attension towards the current action within the European Union and the USA to massivly increase tracking and punishment for cybersquatting laws where the domain is being used for profit against the owner, I direct your attension once again to your e-mail to Goober King since after it you put the price up many thousands of percent.

------------------------------------------------------------------------------------------------------------------------------------

I look forward to your responce.

- Mark Randall


----- Original Message -----
From: MICHAEL
To: Mark Randall
Sent: Friday, September 20, 2002 12:50 AM
Subject: Re: Dear Mike


Mark

Actually we have received only a few e-mails on this, less than 10.

The law in this area is very clear. Cyber squatting applies to people who register the trademarks and service marks of companies. If the owners of awnews had a federal trademark or service mark that predated our registration we would simply give the domain back as we have done on several occasions. However, in absence of such a federal trademark or service mark anyone is able to register any name they want. There are over 1,000,000 domains deleted every month for non-payment.

We have no desire to sell the domain back to the previous owner. We sell less than 1% of the domains we ever acquire using the domains for traffic.

Now if when you say the organization who used to own the domain is non-profit, if it has been properly granted non-profit status by the IRS then we might consider contributing the domain to the organization. If its just an organization which makes no money then that will not work

Let me know if they are a 501-c-3 tax exempt organization and if so I will need their name, address, phone number and their tax exempt ID and maybe we can work something out


Very truly yours,


Michael H. Berkens
President
Worldwide Media, Inc.

http://www.mostwanteddomains.com
----- Original Message -----
From: Mark Randall
To: mike at mostwanteddomains.biz
Sent: Thursday, September 19, 2002 2:28 PM
Subject: Dear Mike


Dear Mike,
I would like to have a conversation with you regarding the AWNews.com of which you will most probably have been hearing allot about recently, and, to my knowledge will continue to receive allot of news about as you do not seem to understand the complexity of the situation.

To my knowledge you are what is called an internet Squatter, which are becoming illegal as we speak, it is becoming against US and EU trade laws to hold a site or directly with the intension of bribery to get it back. As you know this has not gone down very well with the largest community in cyberspace which just happens to be the leader in internet 3D communication technology and encompasses some of the worlds finest programmers, developers, graphics artists etc etc.

AWNews has long been established as the Active Worlds independent news site under the control of a Active Worlds citizen who is well respected by many hundreds of thousands of people all over the world.

Now please understand that by doing this you are not making any friends. I believe that you have sent an e-mail to one AlphaBit Phalpha regarding promoting the spamming of your company. Just a little bit about Alphabit, for the last several years she has been the creator of the largest ever community award anywhere on the internet, for any game, chat or event, is known by many hundreds of thousands of people as 1 of the greatest internet personalities there is, and a generally great person, that is of course, until you start threatening what she has worked so very hard to create. The Active Worlds Community.

I do seriously believe that you have no idea about the negative impact this is having on your business, as this little escapade has now reached world wide status and is rapidly becoming highlighted as 1 of the worst cases of internet abuse by corporations against individuals / none profit organisations.

So I kindly ask you, Please give up now before this reaches fever pitch. Ive got enough work on at the moment dealing with thousands of people without having to stop a war against yourselves.

- Mark Randall

Sep 21, 2002, 1:26pm

Actually according to tha bad faith agreement (as I informed him) due to you contacting him then immidiatly putting thr price up to $10,000 he desires to sell the domain back to the origional owner for extortionate profit. Hence breaking the bad faith agreement

- Mark
[View Quote]

Sep 21, 2002, 1:50pm

And apparently its completly irreleveant ive spent more than half my time in aw in awgate :P

- Mark
[View Quote]

Sep 21, 2002, 2:17pm

I hardly spend any time in AW, infact the only time ive been is to load my cache. And yes, i do care for awteen allot more because it has bigger prospects than any others.


[View Quote]

Sep 22, 2002, 12:23am

You make it sound like they are differnt, hehehe


[View Quote]

Sep 19, 2002, 3:53pm

WOW!! CAPITAL LETTERS!!! IT MUST BE IMPORTANT! *sarcasm*

For crying out loud stop trying to get attention.

Sep 19, 2002, 5:00pm

Ive only ever used a capital letter subject once.. When PWs were stolen

- Mark
[View Quote]

Sep 20, 2002, 3:53pm

Flamed - Killed, slaughtered, maimed, insulted, provoked etc

- Mark
[View Quote]

Sep 25, 2002, 3:29pm

Ihave had it to, I think its the TEMP folder containing a folder called WINDOWS on XP

- Mark
[View Quote]

Sep 25, 2002, 6:14pm

C:/_recycler or something like that, nuke everything in it

- Mark
[View Quote]

Sep 27, 2002, 3:27pm

Ah ha! So it does *replaces it with a dummy file before windows copies it back and watches windows go kaboom*

- Mark
[View Quote]

Sep 28, 2002, 7:37am

Thats me in RL... LOL

- Mark
[View Quote]

Sep 27, 2002, 3:27pm

Hola,
During my latest Business Studies course were having to use some imaginary money *cough* cheep aint it? *cough* to invest in companies stocks to see which 1 of us can make the most money. Among my travels though the stock exhanges and Yahoo I came across a notice saying AWLD had now changed to AWLD.OP and was trading at $0.13 a share... could someone who knows better than I explain please, I thought AWLD was gone.

- Mark

Sep 28, 2002, 4:54am

Does it really matter if she is employed by AWInc or not? Kellie is an absolutly great person and whether she works for AWInc anymore is regardless as long as she is still with us in the community helping us as individuals and as a community itself.

- Mark

Oct 1, 2002, 5:02pm

Ur security isnt very tight :o I managed to get a full propdump of it using Andras's neat lil tool I use for recovering propdumps of land ive not set a teleport to in awteen.

- Mark
[View Quote]

Oct 1, 2002, 5:59pm

To quote myself.....

"Ur security isnt very tight"

Hence meaning I did not imply that it was some elite hack that I did, I just said it was a pee easy way of getting the propdump

- Mark

[View Quote]

Oct 3, 2002, 4:29pm

Im just reposting this for anyone who dosent read the Beta NG, its just some information that Young Shamus has said about Graphics modes.

<PASTED MESSAGE>
Many of you are reporting problems that happen in DX8 and not DX7 or that
happen in OGL and not in DX modes. It should be noted that you can't always
expect every mode to work perfectly, and that often there may only be one
mode that is right for your machine.

A lot of the problem is with how we named the modes. Calling them DirectX7
and DirectX8 is very confusing, since it implies that DX8 is just more
up-to-date version than DX7 or that you should choose a mode based on what
version of Microsoft Direct X you are running. This is unfortunate, and
needs to be corrected. However, I don't want to suddenly rename everything
without getting some feedback first or we will only add to the chaos.

Here is how things probably SHOULD be named, and when they should be used:

OpenGL - This mode is best used by people running old 3DFX based Voodoo
cards.
DX7 - This mode should simply be called "Direct 3D" or "D3D". This is the
mode the bulk of you will end up using. Any D3D based card should run this
easily.
DX8 - This should be called "Diect 3D with Transform and Lighting support"
or "D3D with T&L". This is ONLY for newer D3D cards that offer this
feature. If your card does NOT have T&L and you try to use this mode, the
browser may run slower, or with many visual glitches, or not at all.
Software - It is slow, and looks terrible. This should only be used as a
last-ditch effort, when all other modes have failed.

Based on this information, I would welcome any feedback on how to avoid
confusion and make things clearer for users selecting a video mode.
</PASTED MESSAGE>

Hope that helps anyone who hasnt seen it, and if you dont check the Beta NG is often a decent read abnout new features :)

Oct 6, 2002, 3:15pm

You your skills scary :o Can I borrow your brain?

- Mark
[View Quote]

Oct 6, 2002, 6:10pm

[View Quote]

Oct 7, 2002, 3:30pm

Because the uni server dosent support that length

- Mark

[View Quote]

Oct 7, 2002, 3:37pm

Why does it even need to be a roman name? Alpha, beta, etc all gets boring after a while, its a island, create a new name for it, how did Britain and Hawaii get their names? No idea for eather, but my point is that it should be origional.

- Mark
[View Quote]

Oct 8, 2002, 6:41pm

Just sim maybe? Then EA can go jump off a bridge if they have copyright on the abreviation for Simulation.

- Mark
[View Quote]

Oct 8, 2002, 3:33pm

Not her!!! Anyone but her!!!

- Mark :P
[View Quote]

Oct 10, 2002, 5:37pm

Ive just been reading the Beta newsgroup and have been thinking, what is the real deal with newAW, granted I don't know much, but it seems that there is so many restrictions just getting in and building and having fun is near imposable without a bot whisking you into jail or something similar.

I'm afraid that what it is turning into is a full life human RPG, but don't we come on AW to get away from real life and have a little unrestrained fun? Now I'm neither a beta tester or allowed into newAW to find out exactly, but I think over restriction and over realism is not really suited to an environment such as AW.

I think the newAW principle is a great 1 for potential, but if its going to be a huge human based RPG it really needs its own universe, possibly 1 where AW citizens can get in using their Active Worlds citizen number and Passwords, but other people can register to use it at a lesser charge, say $40.

Visiting Player: Hmm, I love this game, ill register, but egh, for only $20 more I can play it, AND get into another 2000 places... I wonder what I will do.....

So lets strive for some function, but lets not overdo it? The universe isn't ready for something that is so close to real life in situation wise that it offers as much stress in uni as it does in real life.

Discuss Below

- Mark

Oct 10, 2002, 5:37pm

This is a multi-part message in MIME format.

------=_NextPart_000_0022_01C26FE8.1F174630
Content-Type: text/plain;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

WindowsXP news is 1 of the very few mass sent-to pieces of E-Mail I =
enjoy getting, here is something I think you will all find interesting. =
Sorry about the HTML, it looks pure rubbish in ASCII / UNICODE Plain =
text. :)

Windows XP and Living and Dying in LaGrande=20

Windows XP is a computer user's dream come true. If you can get past the =
SP1 fiasco, XP is the most stable and secure operating system ever =
created by Microsoft. What's not to like about Windows XP? Nothing! =
Well, almost nothing. There's just one small problem: spyware. I don't =
recall any other operating system that was so interested in my music =
listening habits, what type of information I search for, what components =
are installed on my system, or that make it impossible to download just =
the files I need to fix the computer.=20

In life, we're used to taking the bad with the good. So what if XP is =
curious about some of the things I do on the computer; it's not like I =
keep State secrets on my computer, and it's not looking for my financial =
data and sending it to Microsoft. So in the end it looks like a "no =
harm, no foul" situation.=20

True, but XP may truly be the devil's workshop. I've talked about the =
dreaded Microsoft Palladium project in a previous newsletter. The =
Palladium project (http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html) will =
allow Microsoft and a handful of other companies to completely, and =
without limits, control what you can and cannot have on your computer. =
Does your file contain a bad word? Palladium will prevent that file from =
being saved to your computer. Do you have a program "they" don't want =
you to install? Palladium will fix that too.=20

It will take computer hardware to make it work. The processor =
manufacturers will have to help. Intel is stepping up to the plate with =
its "LaGrande" chip. This LaGrande Chip will carry out the malicious =
instructions sent to it by the Palladium software and make sure that you =
don't control the computer. The whole thing is so scary, so enormous, =
that it's hard to find words to communicate what a nightmare this will =
be for everyone.=20

It sounds a lot like something I once read in a sci-fi novel:
"One highly successful Network factory in Dallas specializes in =
lobotomizing Union Interactors [computers] so that they no longer =
connect to outside the data grid, but carry onboard most of the =
information normally accessed from the grid. A lobotomized Interactor =
can't call grid, but it has a fifty Gigabyte Rion that contains world =
knowledge and can be updated for a few dollars at your neighborhood =
information pump. Although the law says that possession of a lobotomized =
computer is a class three felony, subjecting the offender to mandatory =
personality reconstruction, finding a non-grid computer is practically =
impossible, since it never accesses the grid and therefore doesn't =
reveal itself."
--Nature's End (1985)
--Whitley Strieber and James Kunetka=20

Scary, huh? Especially that last sentence. Will you spend time in prison =
for "lobotomizing" your Palladium/LaGrande computer? If the consumer =
(you) isn't vocal, if you don't write to your representatives, if you =
don't let these companies know that what they're doing is wrong, you'll =
end up living in the world described by Strieber and Kunetka in =
"Nature's End" (and it's not a pretty world). Click below if you want to =
learn a bit more about LaGrande. If you don't, we'll all become part of =
their La Grande plan!
http://www.winxpnews.com/rd/rd.cfm?id=3D021001ED-LaGrande

- Mark

Wanna start making a crack joe? >:)


------=_NextPart_000_0022_01C26FE8.1F174630
Content-Type: text/html;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Diso-8859-1">
<META content=3D"MSHTML 6.00.2719.2200" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=3D#ffffff background=3D""><FONT face=3DVerdana></FONT>
<P><FONT face=3DArial size=3D2>WindowsXP news is 1 of the very few mass =
sent-to=20
pieces of E-Mail I enjoy getting, here is something I think you will all =
find=20
interesting. Sorry about the HTML, it looks pure rubbish in ASCII / =
UNICODE=20
Plain text. :)</FONT>
<P><FONT face=3DArial size=3D2><STRONG>Windows XP and Living and Dying =
in=20
LaGrande</STRONG> </FONT>
<P><FONT face=3DArial size=3D2>Windows XP is a computer user's dream =
come true. If=20
you can get past the SP1 fiasco, XP is the most stable and secure =
operating=20
system ever created by Microsoft. What's not to like about Windows XP? =
Nothing!=20
Well, almost nothing. There's just one small problem: spyware. I don't =
recall=20
any other operating system that was so interested in my music listening =
habits,=20
what type of information I search for, what components are installed on =
my=20
system, or that make it impossible to download just the files I need to =
fix the=20
computer. </FONT>
<P><FONT face=3DArial size=3D2>In life, we're used to taking the bad =
with the good.=20
So what if XP is curious about some of the things I do on the computer; =
it's not=20
like I keep State secrets on my computer, and it's not looking for my =
financial=20
data and sending it to Microsoft. So in the end it looks like a "no =
harm, no=20
foul" situation. </FONT>
<P><FONT face=3DArial size=3D2>True, but XP may truly be the devil's =
workshop. I've=20
talked about the dreaded Microsoft Palladium project in a previous =
newsletter.=20
The Palladium project (</FONT><A=20
href=3D"http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html" =
target=3D_top><FONT face=3DArial=20
size=3D2>http://www.cl.cam.ac.uk/~rja14/tcpa-faq.html</FONT></A><FONT =
face=3DArial=20
size=3D2>) will allow Microsoft and a handful of other companies to =
completely,=20
and without limits, control what you can and cannot have on your =
computer. Does=20
your file contain a bad word? Palladium will prevent that file from =
being saved=20
to your computer. Do you have a program "they" don't want you to =
install?=20
Palladium will fix that too. </FONT>
<P><FONT face=3DArial size=3D2>It will take computer hardware to make it =
work. The=20
processor manufacturers will have to help. Intel is stepping up to the =
plate=20
with its "LaGrande" chip. This LaGrande Chip will carry out the =
malicious=20
instructions sent to it by the Palladium software and make sure that you =
don't=20
control the computer. The whole thing is so scary, so enormous, that =
it's hard=20
to find words to communicate what a nightmare this will be for everyone. =
</FONT>
<P><FONT face=3DArial size=3D2>It sounds a lot like something I once =
read in a=20
sci-fi novel:<BR>"One highly successful Network factory in Dallas =
specializes in=20
lobotomizing Union Interactors [computers] so that they no longer =
connect to=20
outside the data grid, but carry onboard most of the information =
normally=20
accessed from the grid. A lobotomized Interactor can't call grid, but it =
has a=20
fifty Gigabyte Rion that contains world knowledge and can be updated for =
a few=20
dollars at your neighborhood information pump. Although the law says =
that=20
possession of a lobotomized computer is a class three felony, subjecting =
the=20
offender to mandatory personality reconstruction, finding a non-grid =
computer is=20
practically impossible, since it never accesses the grid and therefore =
doesn't=20
reveal itself."<BR>--Nature's End (1985)<BR>--Whitley Strieber and James =
Kunetka=20
</FONT>
<P><FONT face=3DArial size=3D2>Scary, huh? Especially that last =
sentence. Will you=20
spend time in prison for "lobotomizing" your Palladium/LaGrande =
computer? If the=20
consumer (you) isn't vocal, if you don't write to your representatives, =
if you=20
don't let these companies know that what they're doing is wrong, you'll =
end up=20
living in the world described by Strieber and Kunetka in "Nature's End" =
(and=20
it's not a pretty world). Click below if you want to learn a bit more =
about=20
LaGrande. If you don't, we'll all become part of their La Grande=20
plan!<BR></FONT><A=20
href=3D"http://www.winxpnews.com/rd/rd.cfm?id=3D021001ED-LaGrande" =
target=3D_top><FONT=20
face=3DArial=20
size=3D2>http://www.winxpnews.com/rd/rd.cfm?id=3D021001ED-LaGrande</FONT>=
</A></P>
<P><FONT face=3DArial size=3D2>- Mark</FONT></P>
<P><FONT face=3DArial size=3D2>Wanna start making a crack joe?=20
&gt;:)</FONT></P></BODY></HTML>

------=_NextPart_000_0022_01C26FE8.1F174630--

Oct 12, 2002, 7:36am

Ditto, I run XP home and XP pro and ive never had any problems with the system itself.

- Mark
[View Quote]

Oct 13, 2002, 1:31pm

Yes, ever seen its backgroup tasks? It runs em in the same way, but its quick as hell because of it, but hell, ive got over a GB of ram, i can handle it

- Mark
[View Quote]

Oct 15, 2002, 5:22am

Erm yeah, press Ctrl + Alt + Del and run at which explorer thread its actually running (System Idle Process) that can be stopped by just changing the config, but why you would want to is beyond me, its the indexer etc and works sweet to speed up my system

- Mark
[View Quote]

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