Feeds

Nominet bins Optical Express' appeal against 'It ruined my life' website

Campaigner hopes to get MPs to regulate laser eye market

Security for virtualized datacentres

Optical Express has failed to silence an outspoken critic of the High Street optician, after Nominet chucked out an appeal against the owner of a website that attacks the company's laser eye surgery business.

The unsuccessful action taken by DCM (Optical holdings) Ltd, which owns Optical Express, is the latest in a series of rebuffs from Nominet against the store.

On 31 March, the dot-UK registry company confirmed in yet another Dispute Resolution Service decision that "no exceptional grounds" could be found to consider whether Sasha Rodoy, who runs the opticalexpressruinedmylife.co.uk site, was abusing her domain registration.

Nominet noted in its decision (PDF) that Glasgow-based Optical Express had presented its case against Rodoy poorly, not least for the reams of paperwork it had submitted to the panel.

"[T]he cost to the complainant of putting this complaint together must have been eye-wateringly high in time alone," Nominet said.

It comes after Nominet ruled in January this year that there were insufficient grounds for a rehearing of the case against campaigner Rodoy, who wants to see more regulation brought in to oversee the corrective eye surgery industry in the UK.

The optician had tried at the time to convince the dot-UK registry that a case should be heard based on allegations that there was "circumstantial evidence regarding the registration and use of the Domain Name, suggesting that the site was set up and funded by a competitor of the complainant, Optimax." But its gripe was rejected.

As The Register reported in January, the firm had claimed that the opticalexpressruinedmylife.co.uk site was secretly operating as an "advertorial" for its rival.

That allegation has now been repeatedly dismissed by Nominet.

At the start of this year, Optical Express had claimed to Nominet that the comments posted on Rodoy's website had caused "significant and unfair disruption to its business" and amounted to a personal vendetta against the optician.

However, Rodoy successfully disputed the complaint, saying she had legitimate non-commercial use and fair use of the domain name in question.

In 2011, Rodoy claimed her own eyesight had been affected by surgery at Optimax. She had owned optimaxruinedmylife.co.uk, before reaching an undisclosed settlement with Optimax, and later set up the Optical Express version after hearing from angry customers of that company.

Rodoy said of the Nominet victory: "I’ve proven that with truth and determination an individual can take on a massive industry and win."

Optical Express told El Reg:

We are extremely disappointed and surprised by the decision of the Nominet Dispute Resolution Service appeal panel as we believe we had a very strong case. We are now actively considering our options with regard to pursuing our challenge via other avenues.

®

Intelligent flash storage arrays

More from The Register

next story
Scrapping the Human Rights Act: What about privacy and freedom of expression?
Justice minister's attack to destroy ability to challenge state
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Hey Brit taxpayers. You just spent £4m on Central London ‘innovation playground’
Catapult me a Mojito, I feel an Digital Innovation coming on
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
EU to accuse Ireland of giving Apple an overly peachy tax deal – report
Probe expected to say single-digit rate was unlawful
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
EU probes Google’s Android omerta again: Talk now, or else
Spill those Android secrets, or we’ll fine you
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.