As mentioned in yesterday’s article, I recently had my lawyers write to Drop.com.au and state their ban of my access to the one and only Australian Drop Auctions Platform was in contravention of Australian Consumer Law and also breached the Registrar Agreement and auDA Code.
We stated that if they don’t reinstate my auction bidding account by Friday, we would be escalating complaints further with the appropriate authorities.
David Warmuz (Trellian CEO and owner of Drop.com.au) has just responded with the following:
“As a private company, we reserve the right to provide or not services to anyone.
Unfortunately due to Mr Kaay’s constant defamatory attacks on Domainer.com.au, and constant breaches of our terms, our position on a continued limitation of his account is unchanged.
For Drop to even reconsider granting access, 1. all Defamatory articles and comments would need to be permanently deleted from domainer.com.au and any other site posted on, and 2. Mr Kaay would need to formally agree and adhere to not publish pricing of domain names as per the Drop terms, which is severely damaging our clients abilities to resell domain names that they acquire from Drop.com.au.
In the event that your client does not agree to remove all defamatory articles/comments, Drop will proceed with a defamation suit against your client, please confirm that you will be representing your client on this matter?
We reserve our rights.
You haven’t had a problem with any Domainer article since May 2019 when Domainer called out Drop.com.au, for red-handed manipulation of the drop auctions with the Company.com.au domain. You’ve never notified me that I was banned for ‘Defamatory Articles’, or asked me to take any down, you’ve simply made this up at this moment. Now that I’ve given you a deadline to reinstate my account, all of a sudden you’re not happy with the articles? Some of them are over two years old?
- I invite you to list below (or email me) any articles featured on Domainer that you find ‘defamatory’ with your reasoning. I don’t believe you can, but if you can, I will happily remove them, and report their removal on this website. I am certain I can justify every article as ‘honest opinion’, consisting of ‘substantial truth’ made as a ‘matter of public interest and based on proper material’, but feel free to try and prove me wrong.
- There’s no chance I will agree to the new Drop terms (as they are) of not being able to talk about domain name sales prices on a public domain names sales auction platform. I don’t agree to unrealistic and unfair terms.
Do the right thing. Stop manipulating the drop auctions with your monopoly power. Remove or rework the new silly terms. Reinstate my bidding access. And let’s get on with domaining.
The deadline is this Friday.