Originally Posted by
Dan Druff
Before I give my takes on this, keep in mind that I don't like Mason Malmuth, he likely HATES me, and I am banned from his forum despite the fact that he admits I never broke a rule there.
Domain squatting is stealing. It may not be criminally punishable, but there are civil remedies against it (as demonstrated by Malmuth in the Boyd case), and these are always justified.
Basically, domain squatters take either your brand or your personal name, register a domain for themselves with that (or a very similar) name, and seek to earn a profit from internet traffic meant for you or your company. It's leechy, bottom-feeding behavior, and domain squatters deserve zero sympathy in the few cases where they get comeuppance.
This is especially true when the domain squatting is being done for profit (as it was by Dutch), rather than out of personal vendetta. I can at least have a little bit of respect for the domain squatter doing it to fuck with someone they don't like. I mean, I'm not saying that's right, but at least that person can somewhat justify it by saying, "This person did XXXX to me, so this is what I'm doing back to them."
Domain squatting for profit targets people and businesses simply because they're notable, and money can be made by stealing their internet traffic.
Dutch made a really lame excuse as to why he registered twoplustwopoker.com. He claimed it was during a domain registration frenzy of his, and that it was one of about 400 poker-related domain names he registered. He claimed he "didn't think about stealing Two Plus Two's traffic" when registering it. Bullshit. Two Plus Two is a brand name. If it were not for twoplustwo.com and Two Plus Two Publishing (both Mason's companies), the term "Two Plus Two" would have absolutely nothing to do with poker. It is only associated with poker because of Mason's companies. This is important because it's not like Dutch registered "royalflushpoker.com" and the owner of "royalflush.com" sued him. It stands to reason that many people would want to register royalflushpoker.com even without knowing about royalflush.com. Nobody would ever register twoplustwopoker.com unless they were looking to steal twoplustwo.com's traffic.
Simply put, Dutch stole Mason's traffic, Mason sued him, Dutch lost, and that's completely fair and right.
Dutch claims that he gave twoplustwo.com back to Mason when asked for it. I'm not sure about that. Did Dutch give it back IMMEDIATELY upon being asked, or only after some pressure and legal threats? I doubt this because I know someone personally who had his domain grabbed by Dutch when he let it expire, and Dutch made him pay in order to get it back. It's very possible that Dutch tried to negotiate a price with Mason, and then Mason got pissed, hired a lawyer, and demanded the return. Sometime after that, Dutch returned the domain for free, and Mason still sued him. If that's what happened, then Mason did the right thing by suing Dutch, as he shouldn't have to spend money on lawyers to get his own property back.
If I were in Mason's shoes, I wouldn't have sued Dutch if he gave me twoplustwopoker.com immediately upon request. If he dicked me around and I had to get a lawyer involved, I would definitely sue him for whatever I could get at that point.
Regarding Dutch and Pokerspot, I agree that he walked away with no money, but he did two things very wrong:
1) He kept encouraging people to deposit when he knew the company was in huge trouble, acting as if everything was still fine. This was fraud.
2) He has made zero attempt to pay back anyone that got screwed by Pokerspot, instead blaming it all on the payment processor that screwed his company. While the payment processor DID indeed screw Pokerspot, that's on him for choosing that particular processor. The people trusting Pokerspot with their money were not trusting a faceless payment processor -- they were trusting Boyd and Pokerspot. When Pokerspot failed, it was on Pokerspot (and by extension Boyd) to make it right. Dutch chose not to because it was much easier to walk away than do the right thing and assume such a large debt.